A recent decision by Judge Isicoff is a reminder that both (1) fee agreements in bankruptcy court are governed by state rules of professional responsibility, and (2) attorneys must read those rules carefully when drafting agreements.
Ethics And Professional Compensation Committee
Committees
A debtor’s attorney may be compensated or reimbursed from the estate if his fees or costs constitute an administrative expense under § 503(a).
In Law Solutions Chicago LLC v. United States Trustee (In re Banks),[1] the Fifth Circuit upheld multiple sanctions against a national consumer bankruptcy law firm for misleading and neglecting clients.
Does § 327(e) apply to a chapter 13 debtor’s request to employ special counsel? In In re Blume,[1] the U.S. Bankruptcy Court for the Eastern District of Michigan concluded it does not.
In Easley v. Collection Service of Nevada,[1] the U.S. Court of Appeals for the Ninth Circuit permitted the debtors to recover attorneys’ fees and costs incurred while appealing fees awarded for a willful violation of the automatic stay pursuant to 11 U.S.C. § 362(k)(1).
Concluding long and contentious litigation, the Sixth Circuit Court of Appeals recently affirmed a determination by the U.S.
What expenses can an oversecured creditor tack on to its claim, and what expenses related to the sale of a mortgaged property can be surcharged against the claims of such a creditor?
When seeking to collect post-petition fees from a chapter 7 debtor, beware of the conversion. If former counsel files a collection action against a debtor for post-petition fees in state court, failing to stay the action after a conversion to a chapter 13 case will result in a stay violation.
The Ethics and Professional Compensation Committee had an active 2018. We strived to continue to provide our members with enlightening and useful substantive information, while also offering enjoyable and valuable social and networking opportunities.
The chapter 7 trustee, in a July 2018 ruling, was denied compensation for services that were held to be “customary and statutory duties” that provided no further benefit to the bankruptcy estate and were not outside of those normal duties.
Mr. Adam D. Herring
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143
Ms. Leanne McKnight Prendergast
Co-Chair
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612
Co-Chair
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612
Ms. Angela M. Scott
Membership Relations Director
Douglas W. Neway, Standing Chapter 13 Trustee
Jacksonville, FL
(904) 358-6465
Membership Relations Director
Douglas W. Neway, Standing Chapter 13 Trustee
Jacksonville, FL
(904) 358-6465
Alex S. Chang
Newsletter Editor
Parsons Behle & Latimer
Salt Lake City, UT
(801) 536-6788
Newsletter Editor
Parsons Behle & Latimer
Salt Lake City, UT
(801) 536-6788
Ms. B. Summer Chandler
Special Projects Leader
Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754
Special Projects Leader
Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754