Recently, in In re Frantz,[1] the U.S. District Court for the District of Idaho affirmed the bankruptcy court’s assessment of $49,477.46 in sanctions against the debtors and their attorney for improper litigation tactics.
Ethics And Professional Compensation Committee
Committees
On March 25, 2015, the U.S. Bankruptcy Court for the Southern District of Florida entered an order[1] to reduce a chapter 13 debtor’s attorney’s fee application by more than 70 percent.
On May 18, 2016, the U.S. Bankruptcy Court for the Northern District of Texas issued a 51-page opinion resolving its Order Setting Show Cause Hearing (the “show cause order”) in the chapter 13 case of Netoche Brigham Fair (the debtor, or “Ms.
A critical issue for all attorneys who represent debtors in bankruptcy is how to ensure payment for services performed both prior to and after a bankruptcy filing.
Professional fees are increasingly a hot-button issue in bankruptcy cases. This article examines three recent ongoing, high-profile bankruptcy cases that reflect the growing scrutiny of professional fees: Caesars Entertainment Operating Co.
In Hoover v. Harger (In re Jones),[1] the Bankruptcy Appellate Panel for the Sixth Circuit considered an appeal from an attorney who was sanctioned sua sponte by the Northern District of Ohio’s bankruptcy court and ordered to pay opposing counsel’s attorney fees.
It has become increasingly common for companies to use nonattorneys in attorney roles for the purpose of cutting costs. However, occasionally these “fee-saving” measures actually end up costing a company even more than if they had an attorney do the work in the first place.
In Baker Botts L.L.P. v. ASARCO,[1] the Supreme Court held that under § 330(a)(1) of the Bankruptcy Code, estate professionals are not entitled to payment of fees and expenses incurred in connection with the defense of such professional’s fee applications.
Lawyers focusing on corporate bankruptcy matters, especially those who work at firms with a large national presence, often represent clients throughout the country and are commonly admitted to practice in more than one jurisdiction. Further, bankruptcy attorneys often blend their practice with bankruptcy court litigation and out-of-court restructuring and transactional matters.
After a significant amount of litigation including an appeal, remand and trial over a two-year period, the bankruptcy court overseeing In re River Road Hotel Partners LLC[1] ultimately determined that FBR Capital Markets & Co., located in Arlington, Va. (FBR), was entitled to payment of its restructuring fee of $2,666,965.73 and expenses of $12,179.01.
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