Weil

Restructuring

Professionals

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)

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)

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)

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

Court Approves Key Employee Incentive Plan, Finding it is Not a Disguised Retention Plan

Contributor(s)

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)

Humor, Professionals, Rules & Procedures

Lessons in Local Rules and Civility

ASARCO Update: Fee Premium Disallowed Under Baker Botts v. ASARCO and Boomerang Tube

Delaware Bankruptcy Judges Expand Boomerang Tube Holding that Professionals Cannot Contract Around Baker Botts v. ASARCO

Delaware Bankruptcy Court Holds That Committee Professionals Cannot Contract Around Baker Botts v. ASARCO

Want to Know a Secret? Go to Bankruptcy Court

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)

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

Citing Plain Language of Bankruptcy Code and Split With Other Circuits, Fifth Circuit Overturns Pro-Snax Decision

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

Fourth Circuit Holds that Chapter 7 Trustees are Entitled to Commission-Based Payments in the Absence of Extraordinary Circumstances

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

Government, Professionals

Bite Your Tongue . . . Or Wave the Flag of Absolute Judicial Privilege

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

Thanks for the Help, But We Are Not Going to Pay You

Michigan District Court Rejects Blanket Fee Reduction, Requires Specific Explanation of Fee Awards and Reductions

Bankruptcy Court in New Mexico Says U.S. Trustee Is “Never, Ever, Ever, Getting … Together” with Debtor’s Counsel

A Fact-Driven Analysis Determines Whether You Are a “Professional” under the Bankruptcy Code

Assessing “Reasonableness” of Attorneys’ Fees: A Bankruptcy Court Weighs In

“Signed, [Un]Sealed, Delivered” – New York Bankruptcy Court Rejects Uncontested Motion to Seal; Sets Gold Standard for Public Access to Court Filings

Some Courts Offer Little Guidance in Determining Who Is Considered a 327(a) Professional

Use Caution: New S.D.N.Y. Fee Guidelines Take Effect Today

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

Show Me the Money! Fee Enhancements in the Fifth Circuit

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

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

A Little Reminder: That /s/ Means Something

Hawaii: The Islands of Aloha, Surf, Sunshine, and Bankruptcy Courts that Increase Attorneys’ Hourly Rates Sua Sponte

Billing for Billing: When Do Retained Professional’s Outside Counsel Fees Constitute a Reimbursable Expense?

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

Ninth Circuit Reminds Creditors that Requests for Professional Fees Are Not Rubber-Stamped for Approval

Counsel Beware: 327(e) Special Purpose Representation Not Applicable Where Counsel Did Not Previously Represent the Debtor

Recent Guidance in the Southern District of New York on Professional Fee Applications