Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
Benchnotes March 2021
Journal Issue:
No Retroactive Adequate Protection in Chapter 13, Judge Trust Says
Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.
Bankruptcy Talent Raiding Muddies the Waters in Passaic River Pollution Dispute
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Guam Diocese Bankruptcy Racks up $4.38 Million in Legal Fees
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McKinsey’s Bankruptcy Disclosure Deal Approved, Ending Trial
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Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
Court: