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Supreme Court of the United States › Baker Botts v ASARCO

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Kelley Drye & Warren LLP

Fees for Defending Fees – Recent Rulings Permit Contractual Circumvention of Supreme Court’s Baker Botts v. Asarco Decision

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The Supreme Court two years ago ruled in Baker Botts v. Asarco that bankruptcy professionals entitled to compensation from a debtor’s bankruptcy estate had no statutory right to be compensated for time spent defending against...more

BCLP

ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a...

BCLP on

Either from our prior posts, or from the great posts from Stone and Baxter’s Plan Proponent blog or from Bracewell’s Basis Points blog, we all know the Supreme Court’s holding in ASARCO: a strict interpretation of Section...more

Bryan Cave Leighton Paisner

Delaware Bankruptcy Court Holds, Twice: “ASARCO is Here to Stay” (But Your Authors Have Hatched Another Plan; Read Below!)

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You may recall the holding and analysis of ASARCO from Jay’s previous post, here. At bottom, ASARCO followed a strict interpretation of Section 330(a) of the Bankruptcy Code, holding that professionals are allowed to charge...more

Cole Schotz

Delaware Bankruptcy Courts Foreclose Creative Attempts to Distinguish ASARCO

Cole Schotz on

On June 15, 2015, the U.S. Supreme Court issued its opinion in the case of Baker Botts L.L.P. v. ASARCO LLC, 135 S. Ct. 2158 (2015), denying compensation to two law firms for the fees they incurred in defending objections to...more

Hinshaw & Culbertson LLP

Fee Award Rendered In Defense Of Fee Application Is Overturned

Hinshaw & Culbertson LLP on

In Baker Botts LLP v. ASARCO LLC, 2015 DJDAR 6509, the United States Supreme Court ruled that Section 330(a)(1) of the U.S. Bankruptcy Code does not authorize an award of attorney fees for defending a fee application....more

Arnall Golden Gregory LLP

U.S. Supreme Court: Attorney’s Fees Provisions Must be Strictly Construed

Arnall Golden Gregory LLP on

“Our basic point of reference when considering the award of attorney’s fees is the bedrock principle known as the American Rule: Each litigant pays his own attorney’s fees, win or lose, unless a statute or contract provides...more

Ballard Spahr LLP

U.S. Supreme Court Urges Resolution of Bankruptcy Disputes

Ballard Spahr LLP on

The U.S. Supreme Court has provided new stimulus to the use of mediation in disputes over attorney fees in its June 15, 2015, decision in Baker Botts LLP v. Asarco. Baker Botts was employed by the bankruptcy debtor estate...more

Kelley Drye & Warren LLP

Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases

Kelley Drye & Warren LLP on

The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness...more

Foley & Lardner LLP

Did Justice Thomas Foreshadow the Downfall of Obamacare in Baker Botts?

Foley & Lardner LLP on

By no means do we think that we might reliably predict the outcome of such a politically charged case as King v. Burwell, No. 14-114, the latest challenge to the Affordable Care Act. But for those who like to read tea...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Baker Botts L.L.P. v. ASARCO LLC

Faegre Drinker Biddle & Reath LLP on

On June 15, 2015, the U.S. Supreme Court decided Baker Botts L.L.P. v. ASARCO LLC, No. 14-103, holding that § 330(a)(1) of the Bankruptcy Code does not permit bankruptcy courts to award fees that § 327(a) professionals incur...more

Burr & Forman

Can Attorneys Get Paid for Defending Their Right to Get Paid? Supreme Court Set to Decide in Baker Botts, L.L.P. v. ASARCO, L ....

Burr & Forman on

Currently before the Supreme Court is Baker Botts, L.L.P. v. ASARCO, L.L.C. ,in which the Court will determine whether bankruptcy judges have discretion to award compensation for the defense of a fee application under 11...more

Locke Lord LLP

Locke Lord QuickStudy: The Supreme Court Considers “Fees For Fees”

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Lawyers in probate and fiduciary matters, and in bankruptcy and receivership matters, are frequently entitled to seek payment of their fees from a corpus of trust or estate funds. Unlike in employment litigation and civil...more

Greenberg Glusker LLP

Local Bar Association Files Amicus Brief in Baker Botts v. ASARCO Case

Greenberg Glusker LLP on

Baker Botts L.L.P. et al. v. ASARCO L.L.C., currently pending before the Supreme Court of the United States, is of particular interest to bankruptcy practitioners because this decision will have far-reaching effects regarding...more

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