Ethics And Professional Compensation Committee

Committees

Post date: Monday, May 09, 2022
Photo of Timothy J. Anzenberger
Timothy J. Anzenberger

Bankruptcy courts have not always favored post-petition retainers to debtor’s counsel. [1] But does the Bankruptcy Code prohibit them? That is exactly the question Judge David D. Cleary answered in In re Golden Fleece Beverages Inc., in which he held that the Code indeed supports post-petition retainers.

Post date: Monday, May 09, 2022
Photo of Joshua A. Lesser
Joshua A. Lesser

On January 14, 2022, a three-judge panel of the Fifth Circuit in In the Matter of Sharon Sylvester (Sylvester vs Chaffe McCall LLP) held that a trustee’s attorney is entitled to compensation under Bankruptcy Code § 330(a) “only for services requiring legal expertise that a trustee would not generally be expected to perform without an attorney’s assistance.”

Post date: Monday, June 21, 2021

In a recent decision from the U.S. Bankruptcy Court for the District of Nevada, three proofs of claim filed on behalf of LVNV Funding, LLC — a creditor assignee in the chapter 13 bankruptcy case commenced by Antonia Andrade-Garcia — were disallowed because the statute of limitations on the underlying claims had long ago expired.

Post date: Monday, June 21, 2021

Several bankruptcy courts have recently reaffirmed the good faith requirement in all chapter 11 bankruptcy cases.[1] Most notably, the chapter 11 petitions of both the National Rifle Association (NRA) and Stream TV Networks, Inc.[2] were recently dismissed pursuant to 11 U.S.C

Post date: Wednesday, March 31, 2021

The U.S. Bankruptcy Court for the Northern District of Georgia recently issued an opinion detailing the reimbursement limitations under the Bankruptcy Code for services provided by a trustee’s law firm in a chapter 7 case.

Post date: Wednesday, March 31, 2021
Photo of Leia Clement Shermohammed
Leia Clement Shermohammed

Hon. Christopher S. Sontchi approved the retention application of debtors’ counsel over the objection of the U.S.

Post date: Wednesday, March 31, 2021

How are subchapter V trustees compensated? The answer under the Code depends on whether the trustee is a standing or nonstanding subchapter V trustee. In reality, though, the answer should be the same in all cases, because, while 28 U.S.C.

Post date: Wednesday, March 31, 2021

As ABI President Hon.

Post date: Tuesday, November 03, 2020

A California bankruptcy court has held that the right to seek attorneys’ fees for violations of the Civil Rights Act applies to fees incurred protecting a civil rights judgment in a bankruptcy proceeding.

Post date: Tuesday, November 03, 2020

Recently, in Rivers v. Aufrecht (In re Galloway),[1] the U.S. Court of Appeals for the Fifth Circuit spared an attorney from sanctions and disgorgement directives, reversing the bankruptcy court after consideration of the totality of the facts in the case.

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Ms. B. Summer Chandler
Co-Chair
LSU Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754

Mr. Adam D. Herring
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143

Ms. Daniela Mondragon
Communications Manager
Reed Smith LLP
Houston, TX
(713) 469-3622

Ms. Leanne McKnight Prendergast
Education Director
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612

Ms. Hayley J. Franklin
Newsletter Editor
Stewart Robbins Brown & Altazan
Baton Rouge, LA
(225) 571-8414

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