Ethics And Professional Compensation Committee

Committees

Post date: Wednesday, March 08, 2017

[1]Most practitioners are aware of the risks that petitioning creditors face when filing an involuntary petition against an alleged debtor.[2] If the court determines that the filing was improper or done in bad faith, penalties can be assessed against the petitioning creditors

Post date: Wednesday, March 08, 2017

Debtor’s counsel must be a “disinterested person” pursuant to § 327(a) of the Bankruptcy Code for a court to approve its retention or to award debtor’s counsel compensation for its services.[1] As defined in the Bankruptcy Code, a disinterested person means, among other things, a person who is not a creditor of the debtor on the petiti

Post date: Wednesday, March 08, 2017

Recently, in In re Dynamic Drywall,[1] the U.S.

Post date: Wednesday, December 21, 2016

At the December 2016 Winter Leadership Conference, we joined with the Young and New Members Committee to present a panel discussion entitled “Ethical Issues that Arise When Supervising Attorneys Work wit

Post date: Tuesday, November 08, 2016

A debtor cannot recover sanctions or attorneys’ fees under 11 U.S.C. § 362(k) when the debtor admits to having suffered no actual damages and the filing of a motion for sanctions was not necessary to remedy a stay violation.[1] Denying the debtor’s motion for sanctions, the U.S.

Post date: Tuesday, November 08, 2016
Photo of Jennifer Larkin Kneeland
Jennifer Larkin Kneeland

On Aug. 30, 2016, in Roberts Broadcasting v. McKitrick,[1] the U.S. District Court for the Eastern District of Missouri (Eastern Division) decided that a legal malpractice claim against bankruptcy counsel based on services rendered in the bankruptcy case “arises in” a case under the Bankruptcy Code.

Post date: Tuesday, November 08, 2016

Electronic signature software, such as DocuSign, is increasingly accepted in commercial transactions as an enforceable means of signing contracts and other agreements. However, in a recent decision by the U.S.

Post date: Tuesday, November 08, 2016

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.

Post date: Friday, August 19, 2016
Photo of John F. Theil
John F. Theil

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.

Post date: Friday, August 19, 2016
Photo of Jennifer Larkin Kneeland
Jennifer Larkin Kneeland

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.

Pages

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

Ms. Sarah Primrose
Co-Chair
King & Spalding LLP
Atlanta, GA
(404) 572-2734

Ms. Daniela Mondragon
Communications Manager
Reed Smith LLP
Houston, TX
(713) 469-3622

Mr. Adam D. Herring
Education Director
Nelson Mullins Riley & Scarborough, LLP
Atlanta, GA
(404) 322-6143

Ms. Leanne McKnight Prendergast
Membership Relations 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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