Ethics And Professional Compensation Committee


Post date: Tuesday, May 01, 2018

In a recent ruling by the U.S. Bankruptcy Court for the Eastern District of New York, the court ordered the disgorgement of fees paid to the debtors’ counsel, finding that while “no counsel can guarantee success of a case when it is undertaken … the fee allowed must be reasonable for the services actually rendered as they were rendered”.

Post date: Tuesday, May 01, 2018
Post date: Friday, September 01, 2017

What should you do when opposing counsel is acting like a jerk? Unless the conduct or action is egregious, in bad faith, and demonstrably harmful to your client, you generally should do nothing. Grow thicker skin.

Post date: Friday, September 01, 2017

Rule 9011(b) provides that by presenting to the court a petition, pleading, written motion or other paper, an attorney is certifying that, to the best of the person’s knowledge, information and belief, it is not presented “for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.”

Post date: Friday, September 01, 2017

The United States Bankruptcy Court for the District of New York (the “Bankruptcy Court”) recently ruled In re Scandia Seafood (New York), Inc.[1] that an involuntary chapter 7 bankruptcy case filed against Scandia Seafood (New York), Inc.

Post date: Friday, September 01, 2017

If you were looking for something else to worry about at night, ponder the following scenario that forms the basis for the putative class-action complaint brought by the lender group-plaintiffs (the “Plaintiffs”) that was dismissed by the United States District Court for the Northern District of Illinois and affirmed on appeal in Oakland Police & Fire Retirement System

Post date: Friday, June 09, 2017
Photo of Catherine Martarella
Catherine Martarella

In In re Nortel Networks, Inc.,[1] the Delaware Bankruptcy Court concluded that noteholder objections to the Indenture Trustee’s attorney fees must be made “on a timely, not hindsight basis.” The court’s decision serves as sound guidance to indenture trustees that, as long as any attorney’s fees charged were reasonable and pru

Post date: Friday, June 09, 2017

[1]In a recent unanimous decision delivered by Justice Kagan,[2] the Supreme Court has made clear that federal courts, when awarding sanctions for bad faith conduct through the use of their inherent powers (not derived from rule or statute), must limit such sanctions to only c

Post date: Friday, June 09, 2017

In Blixseth v. Yellowstone Mountain Club, LLC,[1] the Ninth Circuit Court of Appeals provided guidance on awards of attorneys’ fees.

Post date: Wednesday, March 08, 2017
Photo of John F. Theil
John F. Theil

On Sept. 29, 2016, the Ninth Circuit Court of Appeals affirmed[1] the district court’s decision upholding the bankruptcy court’s denial of a post-discharge motion for attorneys’ fees. The underlying motion stemmed from pre-petition state court litigation brought by creditor against debtor.


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

Mr. Adam D. Herring
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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