Madison and Kantrow, Spaht, Weaver & Blitzer (the Firms) sued Leslie Fox to enforce the terms of the parties’ contingency fee agreement. Fox argued that the agreement was unenforceable because,...
1oth Cir. reversed and remanded ruling of bankruptcy court (WD. Ok.), affirmed by the BAP, on creditor's appeal of sanction order against debtor's counsel for failure to disclose fee payments...
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Before denying a secured creditor's motion for relief from stay in a single asset real estate case based on the creditor's argument that the debtors' plan is unconfirmable, the bankruptcy court...
Section 959(b) is not limited to compliance with health and safety laws and Debtor was required, pursuant to 28 U.S.C. 959(b), to make statutorily mandated post-petition contributions to the...
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
An oversecured creditor’s claim for postpetition default interest under § 506(b) should be computed at the rate—default or nondefault provided in the parties’ agreement, and should be...
Under the law governing law firms operating under the District of Columbia partnership law, hourly-billed matters are not property of the law firm, a former partner owes no continuing duty to the...
Shared-Responsibility payments (i.e., the individual mandate) under the pre-2017 version of the Affordable Care Act were not "excise taxes" entitled to priority treatment under 11 USC...
