As ABI President Hon.
Ethics And Professional Compensation Committee
Committees
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.
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.
The McDermott International bankruptcy plan had already been confirmed by the time the hearing was held on the retention applications described herein.[1] The Honorable David R.
The U.S. Bankruptcy Court for the Southern District of Alabama recently issued a reminder for all attorneys trying to ensure payment for their work.[1] The warning? Exercise a little common sense, practice a little professional courtesy, and don’t jump right into litigation.
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)(
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.
The coronavirus pandemic has forced millions of workers to work remotely — resulting in a drastic increase in videoconferencing.
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.
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.
Ms. B. Summer Chandler
Co-Chair
LSU Paul M. Hebert Law Center
Baton Rouge, LA
(404) 307-2754
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
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
Communications Manager
Reed Smith LLP
Houston, TX
(713) 469-3622
Ms. Leanne McKnight Prendergast
Education Director
Pierson Ferdinand LLP
Jacksonville, FL
(904) 479-6612
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
Newsletter Editor
Stewart Robbins Brown & Altazan
Baton Rouge, LA
(225) 571-8414