Ethics And Professional Compensation Committee

Committees

Post date: Monday, December 17, 2018

When seeking to collect post-petition fees from a chapter 7 debtor, beware of the conversion. If former counsel files a collection action against a debtor for post-petition fees in state court, failing to stay the action after a conversion to a chapter 13 case will result in a stay violation.

Post date: Monday, December 17, 2018

The Ethics and Professional Compensation Committee had an active 2018. We strived to continue to provide our members with enlightening and useful substantive information, while also offering enjoyable and valuable social and networking opportunities.

Post date: Tuesday, December 11, 2018

The chapter 7 trustee, in a July 2018 ruling, was denied compensation for services that were held to be “customary and statutory duties” that provided no further benefit to the bankruptcy estate and were not outside of those normal duties.

Post date: Monday, December 10, 2018

In In re D’Arata,[1] the bankruptcy court ordered debtor’s counsel to disgorge the fee he received to represent the debtor in a chapter 7 case. The court also discussed and cautioned against the use of appearance counsel.

 

Post date: Tuesday, August 14, 2018

In In re Cummings,[1] the chapter 12 debtors, who successfully confirmed their chapter 12 plan of reorganization, objected to their attorneys’ application for compensation and reimbursement of expenses.

Post date: Tuesday, August 14, 2018

An April ruling by Hon. Mary Jo Heston of the U.S. Bankruptcy Court for the Western District of Washington in Tacoma addressed a fairly complicated and nuanced administrative expense request, ultimately adopting the view — contrary to at least two circuits — that substantial contribution claims are allowable in chapter 7 bankruptcy cases. In re Maust Transport Inc., Ch. 7 Case No.

Post date: Tuesday, May 01, 2018
Photo of James B. Kobak, Jr.
James B. Kobak, Jr.

Many lawyers may have dealt with a challenging neighbor in their personal lives, but it is fair to say that few have dealt with a difficult neighbor challenging their retentions in their professional lives. However, the U.S.

Post date: Tuesday, May 01, 2018

A cautionary tale in the failure to have written fee agreements and maintain good records of client interactions is evidenced in a recent court decision out of the U.S. Bankruptcy Court for the District of Massachusetts.

Post date: Tuesday, May 01, 2018

In In re Tuscany Energy,[1] the U.S. Bankruptcy Court for the Southern District of Florida recently addressed the issue of whether a pre-petition retainer paid to a debtor’s attorney from an account encumbered by a security interest remains subject to the creditor’s lien.

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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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