After Woerner, Courts Look for "Good Gambles"
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A new opinion from Judge Tony Davis answers some interesting questions about recovery of attorneys' fees in dischargeability litigation. Schwertner Backhoe Services, Inc. v. Kirk (In re Kirk) , Adv. No. 11-1239 (Bankr. W.D. Tex. ... Read full article
While the Fifth Circuit has yet to definitively address the quirky Pro-Snax opinion, a new decision provides some helpful guidance on recovering attorneys' fees in bankruptcy. ASARCO, LLC v. Jordan Hyden Womble Culbreth & Holzer, P.C. (Matter ... Read full article
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The Bankruptcy Court Scrutinizes Fees Charged by Consumer Attorneys By definition, the assets of bankruptcy debtors are limited. Taking this reality into account, the Bankruptcy Code has historically required debtor attorneys to disclose their fees, and in ... Read full article
Are Consumer Bankruptcy Attorneys Biased? In my experience, absolutely not. In fact, consumer bankruptcy attorneys are among the most dedicated the legal profession has to offer, performing what is sometimes a thankless job for people who are under ... Read full article
A decision reviewing attorney's fees in a complex Title VII class action may have repercussions for attorney's fees in bankruptcy cases as well. McClain v. Lufkin Industries, Inc. , No. 10-40036 (5th Cir. 8/8/11). You can find the opinion here. ... Read full article
If you are considering filing for bankruptcy, either Chapter 7 or Chapter 13, beware of lawyers that charge a fee for the initial consultation. You have to ask yourself several questions before doing so: 1) Why should I pay before I know if I can even be ... Read full article