Ethics And Professional Compensation Committee

Committees

Post date: Wednesday, December 09, 2015

In Pham v. Golden,[1] the Ninth Circuit Bankruptcy Appellate Panel (BAP) reversed an award of sanctions against the debtors and their counsel for discovery abuses in an adversary in which the debtors were not parties. In doing so, the court limited or invalidated several local rules that provided the basis for the bankruptcy court’s award of sanctions.

Post date: Wednesday, December 09, 2015

A recent decision from the U.S. Bankruptcy Court for the Eastern District of California confirms what many bankruptcy attorneys have long suspected: A debtor’s bad conduct in bankruptcy may serve to defeat a fee waiver for a debtor who otherwise qualifies under the income guidelines. In In re Gjerde, the debtor, Sean Patrick Gjerde, was a disbarred

Post date: Wednesday, September 02, 2015

Bankruptcy courts are vested with the inherent and statutory authority to sanction litigants for acting in bad faith and engaging in otherwise unreasonable or inappropriate conduct.

Post date: Wednesday, September 02, 2015

In In re Halloum,[1] the Ninth Circuit Bankruptcy Appellate Panel reversed an order granting a fee expense award in excess of $116,000 based on the failure of the bankruptcy court to make supporting findings of fact.

Post date: Wednesday, September 02, 2015

On June 15, 2015, in Baker Botts LLP v. ASARCO LLC , the U.S.

Post date: Thursday, August 13, 2015

Under the recent landmark opinion ASARCO,[1] the Supreme Court noted that the bankruptcy court had awarded ASARCO’s bankruptcy counsel, Baker Botts, L.L.P.

Post date: Thursday, August 13, 2015

In light of the Third Circuit’s recent decision in In re Prosser,[1] bankruptcy practitioners in the Third Circuit (which includes the highly trafficked District of Delaware) should have a heightened awareness of the line between zealous advocacy and abusive and vexatious conduct.

Post date: Thursday, August 13, 2015

For consumer debtor attorneys, getting paid has become quite a challenge. A debtor’s attorney must either get paid pre-petition in a chapter 7, diminishing what would otherwise be nonexempt property of the debtor, or get paid out of “projected disposable income” in a chapter 13.

Post date: Thursday, May 28, 2015
Photo of John F. Theil
John F. Theil

On March 13, 2015, on remand from the Fifth Circuit, the U.S. Bankruptcy Court for the Western District of Texas allowed a trustee’s claim for a foreclosure commission under 11 U.S.C. § 502, but the court denied the mortgagee’s § 502 attorneys’ fees claim.[1] Both claims had previously been found unreasonable under § 506.

Post date: Thursday, May 28, 2015
Photo of C.R. “Chip” Bowles Jr.
C.R. “Chip” Bowles Jr.

[1]Bankruptcy professionals work in an area that, by its very nature, makes the fee process lengthily transparent, subject to rigorous oversight and, in some cases, highly contentious. Even if fees are awarded, collecting them can be difficult. In a few (thankfully) rare cases, even after fees have been awarded and paid on an interim basis, the bankruptcy case becomes administratively insolvent and the professionals may have to disgorge their previously paid fees.[2]

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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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