In In re D’Arata,[1] the bankruptcy court ordered debtor’s counsel to disgorge the fee he received to represent the debtor in a chapter 7 case. The court also discussed and cautioned against the use of appearance counsel.
Ethics And Professional Compensation Committee
Committees
[1] Hon. Jeff Bohm of the U.S.
In In re Cummings,[1] the chapter 12 debtors, who successfully confirmed their chapter 12 plan of reorganization, objected to their attorneys’ application for compensation and reimbursement of expenses.
An April ruling by Hon. Mary Jo Heston of the U.S. Bankruptcy Court for the Western District of Washington in Tacoma addressed a fairly complicated and nuanced administrative expense request, ultimately adopting the view — contrary to at least two circuits — that substantial contribution claims are allowable in chapter 7 bankruptcy cases. In re Maust Transport Inc., Ch. 7 Case No.
Many lawyers may have dealt with a challenging neighbor in their personal lives, but it is fair to say that few have dealt with a difficult neighbor challenging their retentions in their professional lives. However, the U.S.
A cautionary tale in the failure to have written fee agreements and maintain good records of client interactions is evidenced in a recent court decision out of the U.S. Bankruptcy Court for the District of Massachusetts.
In In re Tuscany Energy,[1] the U.S. Bankruptcy Court for the Southern District of Florida recently addressed the issue of whether a pre-petition retainer paid to a debtor’s attorney from an account encumbered by a security interest remains subject to the creditor’s lien.
In a recent ruling by the U.S. Bankruptcy Court for the Eastern District of New York, the court ordered the disgorgement of fees paid to the debtors’ counsel, finding that while “no counsel can guarantee success of a case when it is undertaken … the fee allowed must be reasonable for the services actually rendered as they were rendered”.
What should you do when opposing counsel is acting like a jerk? Unless the conduct or action is egregious, in bad faith, and demonstrably harmful to your client, you generally should do nothing. Grow thicker skin.
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