The bankruptcy court's interpretation of its own standing order regarding "no-look" compensation to Chapter 13 debtors' attorneys was reasonable. The standing order's deletion of a provision...
Sixth Circuit Bankruptcy Appellate Panel dismissed appeal by a creditor of an interim fee award granted to
Debtor's counsel finding that: (i) the interim fee award was not a final order, and...
The question in this appeal is whether the Bankruptcy Code bars a creditor from asserting an unsecured claim for attorneys’ fees, if those fees are incurred after the filing of a bankruptcy...
Judge(s):
Before FLOYD and HARRIS, Circuit Judges, and Donald C. COGGINS, Jr., United States District Judge for the District of South Carolina, sitting by designation. Opinion by Circuit Judge Pamela Harris.
Chapter 7 trustee, who had obtained an order in the Chapter 11 case of debtor's single-member LLC substituting himself for debtor as manager of LLC and authorizing him to manage and operate LLC's...
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...
The Circuit Court held that awards were justified pursuant to Rules 45(d)(1) as sanctions, and pursuant to Rule 45(d)(2) cost-shifting. The subpoenas imposed an undue burden and expense that...
Bankruptcy court did not err in granting default judgment against debtor/defendant who refused to sit for her deposition in two related adversary proceedings for over five years.
