pro-snax

After Woerner, Courts Look for "Good Gambles"

09/15/15

Normal 0 false false false EN-US X-NONE X-NONE

[more]

Read more

Supreme Court to Hear Dispute Over Fees for Defending Fee Application

10/28/14

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 recover fees from the estate. As a result, it was big news when the Court granted cert in No. 14-103, Baker Botts, LLP v.

[more]

Read more

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

What Happened

[more]

Read more

Will the Fifth Circuit Clarify Pro-Snax?

02/14/14

For chapter 11 debtor's lawyers, Matter of Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir. 1998) is like the sword of Damocles--constantly hanging over counsel's head and threatening to deny compensation when a case goes south. While 11 U.S.C. Sec. 330(a)(3) makes results one of several factors to consider in awarding compensation, Pro-Snax makes "identifiable, tangible and material" results a pre-requisite to getting paid.

[more]

Read more

Will the Fifth Circuit Clarify Pro-Snax?

02/14/14

For chapter 11 debtor's lawyers, Matter of Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir. 1998) is like the sword of Damocles--constantly hanging over counsel's head and threatening to deny compensation when a case goes south. While 11 U.S.C. Sec. 330(a)(3) makes results one of several factors to consider in awarding compensation, Pro-Snax makes "identifiable, tangible and material" results a pre-requisite to getting paid.

[more]