News & Analysis as of

Debtors Attorney's Fees Creditors

Caveat creditor: Risks of filing an involuntary bankruptcy

by Thompson Coburn LLP on

When faced with a recalcitrant debtor, clients sometimes move too quickly to put the debtor into an involuntary bankruptcy, especially when fraudulent transfers and other creditor avoidance attempts become apparent. But...more

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

by Burr & Forman on

In a decision rendered on December 30, 2016, the bankruptcy court for the Southern District of Florida (the “Court”) addressed the debtor’s counsel’s interim application for an award of fees and expenses for services rendered...more

Another Alternative Fee Arrangement Bites the Dust

by Cole Schotz on

On March 16, 2016, Judge Shannon of the U.S. Bankruptcy Court for the District of Delaware rejected a proposed fee structure for Baker Botts L.L.P., which was proposed counsel to the debtors in In re New Gulf Resources, LLC. ...more

What Creditors Need to Know - Two Recent Bankruptcy Rulings Affect Rights and Risks Regarding the Automatic Stay

by Buchalter on

Immediately upon the commencement of a bankruptcy case an automatic stay prohibits actions against the debtor to, among other things, collect pre-petition obligations and to obtain control over property of the bankruptcy...more

CentsAbility: Creditors' Rights Law Update - If you Have an Objection, Speak Now or Forever Hold Your Peace

by Nexsen Pruet, PLLC on

A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to...more

Creditor's Willful Violation of Automatic Stay Results in Fee Award

by Hinshaw & Culbertson LLP on

In Snowden v. Check Into Cash of Washington Inc. (In re Snowden), 2014 DJDAR 12677, the United States Court of Appeals for the Ninth Circuit decided a bankruptcy case involving the award of attorney fees....more

Attorney Fee Award to Debtor Is Affirmed Where Creditor's "Reasonable Reliance" Claims Have No Merit

by Hinshaw & Culbertson LLP on

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee...more

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