July 10, 2024
Expedience is no substitute for disinterestedness when it comes to retention of a chapter 11 debtor’s general counsel.
July 9, 2024
Having previously set aside a $240,000 sanction as criminal contempt, the Fifth Circuit affirmed $450,000 in civil contempt against the same contemnor in the same bankruptcy case.
June 17, 2024
Saying that the constitutional infirmity was “small” and “short-lived,” the majority decided that prospective relief was enough because Congress subsequently enacted a law mandating uniformity in the future with regard to fees for U.S. Trustees and Bankruptcy Administrators
June 14, 2024
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
June 5, 2024
Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.
May 31, 2024
The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.
May 20, 2024
A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
May 17, 2024
The Bankruptcy Code dropped ‘person aggrieved’ as the standard for appellate standing. Did it survive nonetheless?
May 14, 2024
Bankruptcy Judge Scott Clarkson nailed the government with $38,000 in sanctions for a ‘willful’ violation of a discovery order shown by ‘clear and convincing evidence.’
April 22, 2024
A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.