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Weekly LexisNexis Video News Update - June 21, 2010

Among the stories on this video edition of LexisNexis Legal News, a unanimous U.S. Supreme Court on June 14 held that an attorney fees award is payable to the litigant; therefore, it is subject to an offset to satisfy the litigant's pre-existing obligation, when a debt is owed to the government...

Lessons on Fees from the Fifth Circuit's ASARCO Decision

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)...

Fifth Circuit Panel Urges Re-Examination of Pro-Snax

The Fifth Circuit ruled on July 15 that a bankruptcy court following Matter of Pro-Snax Distributors, Inc. , 157 F.3d 414 (5th Cir. 1997) did not abuse its discretion in substantially reducing fees requested by counsel in a failed chapter 11 case. The Debtor's counsel argued that Pro-Snax was subject...

Supreme Court to Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees ( Baker Botts, LLP, et al. v. ASARCO, LLC , No...

Supreme Court to Hear Dispute Over Fees for Defending Fee Application

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...

Recovering Attorneys' Fees in Dischargeability Litigation

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. 1/28/15), which can be found here [ an enhanced version of this opinion...