Rochelle's Daily Wire

The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.

Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.

Unnecessarily holding the lender’s feet to the fire resulted in the allowance of attorneys’ fees to the lender that were twice the debtor’s counsel fees.

‘National’ rates higher than ‘local’ rates can be locked in by retention orders under Section 328(a).

Whether a creditor violated the automatic stay is not arbitrable in bankruptcy.

One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.

Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.

Bankruptcy Judge Christopher Lopez of Houston will hold trials that could result in more nondischargeable debt for Alex Jones.

Former Bankruptcy Judge David R. Jones disagreed with a colleague, who had held that a non-voting class is considered as having voted against a plan.

An alter ego may be of the same ilk as a partnership or agency, so there may be no inconsistency between the Fifth Circuit opinion and the Bartenwerfer concurrence.