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District Court Upholds Georgia Bankruptcy Court’s Restrictions On Chapter 7 Trustee Attorneys’ Fees
In this lengthy post , we discuss Judge Paul Bonapfel’s 73-page Order in which he skewered the fee application of a Chapter 7 Trustee and effectively changed the way all judges in the Northern District of Georgia view fee applications for Trustees’ ... Read full article
Eleventh Circuit Allows Individual Chapter 11 Debtor To Argue Appointment Of Trustee Violated Thirteenth Amendment
Georgia Bankruptcy Judge Paul Bonapfel Lowers Boom On Chapter 7 Trustee and Counsel Fees
Diamondhead Casino Bankruptcy – and the Challenge to Trustee Appointments
On November 13, 2015, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court ruled on an emergency motion to appoint a trustee. Unfortunately for the movants, it is hard to argue it is an emergency when the debtor is almost out of cash, but has ... Read full article
Fifth Circuit Report: August-September 2015
The summer months have been slow at the Fifth Circuit. August and September's opinions include an update on a prior opinion about abstention related to a chapter 15, judicial estoppel, mootness of an appeal of a sale order, a motion to compromise, ... Read full article
The Privilege Is All Mine: What Happens To A Corporation’s Attorney-Client Privilege In Bankruptcy?
It’s well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to ... Read full article
The Privilege Is All Mine: What Happens To A Corporation’s Attorney-Client Privilege In Bankruptcy?
It’s well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to ... Read full article
Non-Debtors Are Not The Correct Party To Bring Preference Actions
Summary In a 14 page decision signed September 30, 2013, Judge Walsh of the Delaware Bankruptcy Court provided a primer on one of the limitations of standing provided in the bankruptcy code in his opinion granting a motion to dismiss. Judge Walsh’s ... Read full article
The Privilege Is All Mine: What Happens To A Corporation's Attorney-Client Privilege In Bankruptcy?
It's well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to ... Read full article
Two Cases Emphasize Distinct Approaches to Trustee Discretion
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Creditors Plan To Snatch Assets From Bankruptcy Trustees
http://www.flickr.com/photos/psykotrooper/ Creditors are starting to talk up how to snatch assets away from bankruptcy trustees who don’t even know they’re coming. ... Read full article
Chapter 13 Bankruptcy Plan Payments Can be Lowered if Your Income Decreases
When a Chapter 13 bankruptcy plan gets confirmed by the Bankruptcy Court, the monthly payments you are supposed to pay to the trustee are set by the confirmation order. But they are not always set in stone. ... Read full article
Chapter 13 Bankruptcy Can Help You Pay Less For Your Car!
Identify Theft in Bankruptcy
Identity theft, the use of another’s personal information for fraud or deceit, is unfortunately a widespread problem. And a significant number of bankruptcies involve identity theft as well. Examples include the filing of bankruptcy with another’s name ... Read full article
I Filed Bankruptcy, Now I Want Out…
Dismissing a Bankruptcy Case While bankruptcy has the ability to provide great relief to those facing financial difficulty, it is not always a bed of roses. There are things that can go wrong with a bankruptcy case. Many debtors learn the hard way that ... Read full article
