Attorney's Fees

After Woerner, Courts Look for "Good Gambles"

09/15/15

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Recovering Attorneys' Fees in Dischargeability Litigation

02/19/15
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.
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Lessons on Fees from the Fifth Circuit's ASARCO Decision

06/21/14
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 of ASARCO, LLC), No. 12-40997 (5th Cir. 4/30/14).    You can read the opinion here

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Debt Settlement Attorneys Beware, the Bankruptcy Court She’s a Watchin’

04/02/12

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 some cases, prove that what they’ve charged is reasonable. In order to protect debtors who have fallen on [...]

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Are Consumer Bankruptcy Attorneys Biased Towards Chapter 13 Bankruptcy?

01/27/12

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 tremendous stress both financially and emotionally. However, like any large group, there are areas that the consumer [...]

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Civil Rights Opinion May Affect Attorney's Fees in Bankruptcy

08/09/11
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.

What Happened

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Don’t Pay a Dime for an Initial Consultation with a Bankruptcy Lawyer

01/20/11

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 helped by the attorney?
2) Am I getting the advice of the top attorney or simply a newer associate?
3) Am I being treated with personal care or am I being herded in like a sheep?

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