Ethics And Professional Compensation Committee

Committees

Post date: Tuesday, September 01, 2020

Section 523(a)(7) excepts from bankruptcy discharge a debt “to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss.”[1] The law is clear that restitution payments constitute debts excepted from discharge under Section 523(a)(

Post date: Tuesday, June 23, 2020

COVID-19 has catapulted us into a world in which virtually all legal services are conducted online. Ethics rules require lawyers to maintain competence, and many states require lawyers to stay abreast of relevant technology.

Post date: Tuesday, June 23, 2020

The coronavirus pandemic has forced millions of workers to work remotely — resulting in a drastic increase in videoconferencing.

Post date: Monday, May 04, 2020

Courts rarely grant motions for reconsideration, but the U.S. Bankruptcy Court for the District of Delaware did just that in the context of fee-shifting sanctions in In re NNN 400 Capital Center 16, LLC.[1] While the court ultimately upheld the sanctions, it provided a thorough analysis of a court’s ability to shift fees.

Post date: Monday, May 04, 2020

According to the U.S. Bankruptcy Court for the Western District of Oklahoma, if pre-petition attorney’s fees are included in the mortgage creditor’s proof of claim, contemporaneous time records are required to establish the reasonableness of those fees.

Post date: Monday, May 04, 2020

In order for a trustee to surcharge expenses under § 506(c), he “must prove that [his] expenses were reasonable, necessary, and provided a quantifiable benefit” to the secured creditors property.[1] The trustee must show some benefit sufficient for surcharge under this objective test, identify the specific expenses, tie them to specifi

Post date: Monday, March 09, 2020

A recent decision by the U.S. Bankruptcy Court for the District of Utah[1] is a cautionary tale for senior-level employees that are considering leaving their employment and taking employees and business to a competitor. It is also a primer for an employer who has to pursue its claim against the departing employee in bankruptcy court.

Post date: Monday, March 09, 2020

Earlier this year, the U.S. Court of Appeals for the Fourth Circuit considered whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees incurred post-petition but provided for in a pre-petition contract.

Post date: Tuesday, January 14, 2020
Photo of Tara E. Nauful
Tara E. Nauful

The Ethics and Professional Compensation Committee has had a busy and productive 2019. As evidenced by our steadily increasing membership, the committee is a valuable resource for insolvency professionals interested in keeping abreast of current and important issues involving ethics and professional compensation in the bankruptcy field. These are some of the highlights from this year:

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Mr. Timothy James Anzenberger
Co-Chair
Adams and Reese LLP
Ridgeland, MS
(601) 292-0715

Mr. Gregory M. Taube
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6144

Mr. Carson Heninger
Communications Manager
Greenberg Traurig, LLP
Salt Lake City, UT
(305) 579-0500

Ms. Sarah Primrose
Education Director
King & Spalding
Atlanta, GA
(404) 572-2734

Ms. B. Summer Chandler
Membership Relations Director
LSU Paul M. Hebert Law Center
Panama City Beach, FL
(404) 307-2754

Mr. Adam D. Herring
Newsletter Editor
U.S. Department of Justice
Atlanta, DC
(202) 305-7833

Ms. Victoria A. Guilfoyle
Special Projects Leader
Blank Rome LLP
Wilmington, DE
(302) 425-6400

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