At the December 2016 Winter Leadership Conference, we joined with the Young and New Members Committee to present a panel discussion entitled “Ethical Issues that Arise When Supervising Attorneys Work wit
Ethics And Professional Compensation Committee
Committees
A debtor cannot recover sanctions or attorneys’ fees under 11 U.S.C. § 362(k) when the debtor admits to having suffered no actual damages and the filing of a motion for sanctions was not necessary to remedy a stay violation.[1] Denying the debtor’s motion for sanctions, the U.S.
On Aug. 30, 2016, in Roberts Broadcasting v. McKitrick,[1] the U.S. District Court for the Eastern District of Missouri (Eastern Division) decided that a legal malpractice claim against bankruptcy counsel based on services rendered in the bankruptcy case “arises in” a case under the Bankruptcy Code.
Electronic signature software, such as DocuSign, is increasingly accepted in commercial transactions as an enforceable means of signing contracts and other agreements. However, in a recent decision by the U.S.
Recently, in In re Frantz,[1] the U.S. District Court for the District of Idaho affirmed the bankruptcy court’s assessment of $49,477.46 in sanctions against the debtors and their attorney for improper litigation tactics.
On March 25, 2015, the U.S. Bankruptcy Court for the Southern District of Florida entered an order[1] to reduce a chapter 13 debtor’s attorney’s fee application by more than 70 percent.
On May 18, 2016, the U.S. Bankruptcy Court for the Northern District of Texas issued a 51-page opinion resolving its Order Setting Show Cause Hearing (the “show cause order”) in the chapter 13 case of Netoche Brigham Fair (the debtor, or “Ms.
A critical issue for all attorneys who represent debtors in bankruptcy is how to ensure payment for services performed both prior to and after a bankruptcy filing.
Professional fees are increasingly a hot-button issue in bankruptcy cases. This article examines three recent ongoing, high-profile bankruptcy cases that reflect the growing scrutiny of professional fees: Caesars Entertainment Operating Co.
In Hoover v. Harger (In re Jones),[1] the Bankruptcy Appellate Panel for the Sixth Circuit considered an appeal from an attorney who was sanctioned sua sponte by the Northern District of Ohio’s bankruptcy court and ordered to pay opposing counsel’s attorney fees.
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Nelson Mullins Riley & Scarborough, LLP
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Pierson Ferdinand LLP
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Douglas W. Neway, Standing Chapter 13 Trustee
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Parsons Behle & Latimer
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Louisiana State University Paul M. Hebert Law Center
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