One of the panels at the recent Fifth Circuit Bench-Bar Conference featured Judge Craig Gargotta and Stephen Rosenblatt discussing fee issues raised by Barron & Newburger, P.C. v. Texas Skyline, Ltd . and Baker Botts v. ASARCO . While I was ... Read full article
The Supreme Court’s decision last term in Baker Botts v. Asarco , in which the Court ruled that professionals that are paid from a debtor’s bankruptcy estate cannot be compensated for time spent defending their fee applications, continues to rankle ... Read full article
In the recent opinion of In re Boomerang Inc., et al. , Case No. 15-11247 (Bankr. D. Del. Jan. 29, 2016) , the Delaware Bankruptcy Court considered the United States Trustee’s (“UST”) objections to retention applications of several law firms seeking to ... Read full article
A Texas law firm did a great job and beat back a punitive attack on their fees. However, the Supreme Court has ruled that they may not receive compensation for defending their work. Baker Botts, LLP v. ASARCO, LLC , No. 14-103 (6/15/15). Introduction ... Read full article
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 International Network v. Sharif ... Read full article
The Supreme Court doesn't take many cases on bankruptcy issues. It has only ruled on attorney's fees in bankruptcy once since the Code was adopted and that ruling was on the narrow issue of whether a chapter 7 debtor's attorney could ... Read full article
From 1989 to 2007, Judges Larry Kelly and Frank Monroe occupied the bankruptcy bench in Austin, providing a period of judicial continuity rivaled only by their colleagues in San Antonio (Judges Leif Clark and Ronald King served at the same time from 1988 ... Read full article
From 1989 to 2007, Judges Larry Kelly and Frank Monroe occupied the bankruptcy bench in Austin, providing a period of judicial continuity rivaled only by their colleagues in San Antonio (Judges Leif Clark and Ronald King served at the same time from 1988 ... Read full article
The Fifth Circuit has ruled that, under the facts of the specific case, that bidders could recover their costs without a showing of direct benefit to the estate. Matter of ASARCO LLC , No. 10-40930 (5th Cir. 8/16/11). The specific holding was that ... Read full article
The Fifth Circuit has ruled that, under the facts of the specific case, that bidders could recover their costs without a showing of direct benefit to the estate. Matter of ASARCO LLC , No. 10-40930 (5th Cir. 8/16/11). The specific holding was that ... Read full article
