Professionals, Rules & Procedures To Retain (Under Section 327(a) or 363(b) of the Bankruptcy Code) or Not to Retain? Retention of Liquidation Consultants in Bankruptcy Cases Contributor(s) Eli Blechman Leslie Liberman
Professionals Getting off on the Right Foot: Bankruptcy Court Rejects U.S. Trustee’s Unconventional Position That Management Consultant Must be Retained Under Section 327 of the Bankruptcy Code Contributor(s) Debora Hoehne
Fees, Professionals Fees, Fees, Fees: SDNY Bankruptcy Court Questions the Ongoing Validity of the “Blackstone Protocol” for Investment Banker Fees in Chapter 11 Cases Contributor(s) Eli Blechman
Jurisdiction & Appeals, Professionals, Rules & Procedures First Circuit Affirms Sanctions Order From Massachusetts Bankruptcy Court Requiring Bankruptcy Attorney to Return to Law School For Ethics Class
Professionals Court Approves Key Employee Incentive Plan, Finding it is Not a Disguised Retention Plan Contributor(s) Jessica Liou
Chapter 7 Trustees, Jurisdiction & Appeals, Professionals Not So Fast: Sixth Circuit Dismisses Appeal of Bankruptcy Court Order Denying Approval of Proposed Settlement Agreement For Lack of Jurisdiction Contributor(s) Matthew Goren
Professionals Delaware Bankruptcy Judges Expand Boomerang Tube Holding that Professionals Cannot Contract Around Baker Botts v. ASARCO
Professionals Delaware Bankruptcy Court Holds That Committee Professionals Cannot Contract Around Baker Botts v. ASARCO
Chapter 7 Trustees, Professionals Blurred Lines: Seventh Circuit Keeps Alive Claims Based upon Law Firm’s Alleged Failure to Advise on Degrees of Business Risk Contributor(s) Matthew Goren
Avoidance Actions, Chapter 11 Plans, Claims, Executory Contracts & Unexpired Leases, Financing, Jurisdiction & Appeals, Litigation Issues, Lookback Period, News, Professionals, Real Estate, Rules & Procedures, Subordination & Recharacterization Lookback Period: Two Weeks
Jurisdiction & Appeals, Professionals Supreme Court Holds Professionals Are Not Entitled to Fees for Defending Fee Applications
Jurisdiction & Appeals, Professionals BREAKING NEWS: Professionals Are Not Entitled to Fees for Defending Fee Apps
Bankruptcy Beach Reading, Chapter 7 Trustees, Humor, Professionals, Property of the Estate Fake It ‘til You Make It — or at Least Keep the Frivolous to a De Minimis
Professionals Citing Plain Language of Bankruptcy Code and Split With Other Circuits, Fifth Circuit Overturns Pro-Snax Decision Contributor(s) Brenda L. Funk
Financing, Professionals, Valuation Bankruptcy Court Denies Debtor’s Request to Pay Estate Professionals With Cash Collateral Contributor(s) Gabriel A. Morgan
Arbitration, Chapter 11 Trustees & Examiners, Litigation Issues, Professionals How to Get a Mediator Appointed in a Bankruptcy Case (Hint: In Some Courts, It’s Easier If She Wasn’t a Bankruptcy Judge)
Jurisdiction & Appeals, Professionals Can You Keep a Secret? Can the Bankruptcy Court? Bankruptcy Courts Must Adequately Demonstrate the Basis for Sealing Proceedings from the Public, Media
Chapter 11 Plans, Professionals, Releases & Exculpations Indecent Disclosure: How the Failure to Disclose a Third-Party Release Led to Its Undoing
Professionals Fourth Circuit Holds that Chapter 7 Trustees are Entitled to Commission-Based Payments in the Absence of Extraordinary Circumstances
Professionals What a Long, Strange “Tripp” It’s Been: Eastern District of Virginia Upholds Sealing Report Under Section 107
Claims, Financing, Professionals, Secured Claims You Can’t Always Get What You Want, But If You’re an Oversecured Creditor, You Might Get What You Need
Professionals The Disinterested Creditor: Bankruptcy Court Authorizes Retention of Counsel Despite Prepetition Claim against the Debtor
Claims, Professionals Unpredictable Preemption: New Jersey Bankruptcy Court Says Bankruptcy Code (Sometimes) Trumps State Rules on Collection of Prepetition Fees
Professionals Michigan District Court Rejects Blanket Fee Reduction, Requires Specific Explanation of Fee Awards and Reductions
Professionals Bankruptcy Court in New Mexico Says U.S. Trustee Is “Never, Ever, Ever, Getting … Together” with Debtor’s Counsel
Professionals A Fact-Driven Analysis Determines Whether You Are a “Professional” under the Bankruptcy Code
Professionals “Signed, [Un]Sealed, Delivered” – New York Bankruptcy Court Rejects Uncontested Motion to Seal; Sets Gold Standard for Public Access to Court Filings
Professionals Some Courts Offer Little Guidance in Determining Who Is Considered a 327(a) Professional
DIP Financing, Jurisdiction & Appeals, Professionals Trouble in Paradise: Professional Fee Cap in DIP Carve-Out Held Enforceable in Caribbean Luxury Resort Case, Much to Professionals’ Distress Contributor(s) David Griffiths
Professionals It’s Not Whether You Win or Lose – Texas Bankruptcy Court Holds that Professionals Provide a “Material Benefit to the Estate” Even Where Their Efforts Were Ultimately Unsuccessful
Professionals Professional Troubles: Payment of Retainers by Third Parties May Be Permitted, But Nondisclosure Is Costly
Jurisdiction & Appeals, Professionals The Decision Might Not Be “In Vogue,” But You Still Can’t Issue Criminal Contempt in the Fifth Circuit
Professionals Hawaii: The Islands of Aloha, Surf, Sunshine, and Bankruptcy Courts that Increase Attorneys’ Hourly Rates Sua Sponte
Professionals Billing for Billing: When Do Retained Professional’s Outside Counsel Fees Constitute a Reimbursable Expense?
Professionals It’s a Small World, But There’s No Need to Recuse: Judges Need Not Recuse Themselves Where They Will Be Marrying a “Mere Employee” of a Litigant’s Counsel
Professionals Ninth Circuit Reminds Creditors that Requests for Professional Fees Are Not Rubber-Stamped for Approval
Professionals Counsel Beware: 327(e) Special Purpose Representation Not Applicable Where Counsel Did Not Previously Represent the Debtor
