Bankruptcy

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Weekly LexisNexis Video News Update - June 21, 2010
Posted on 21 Jun 2010 by LexisNexis Bankruptcy Law Community Staff

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... Read More

Supreme Court to Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees
Posted on 3 Oct 2014 by Emerson Heffner

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... Read More

Fifth Circuit Panel Urges Re-Examination of Pro-Snax
Posted on 21 Jul 2014 by Stephen Sather

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... Read More

Supreme Court to Hear Dispute Over Fees for Defending Fee Application
Posted on 29 Oct 2014 by Stephen Sather

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... Read More

Recovering Attorneys' Fees in Dischargeability Litigation
Posted on 20 Feb 2015 by Stephen Sather

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... Read More

Lessons on Fees from the Fifth Circuit's ASARCO Decision
Posted on 23 Jun 2014 by Stephen Sather

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 More

Supreme Court Says Lawyers Don't Get Paid for Defending Their Fees
Posted on 8 Jul 2015 by Stephen Sather

A Texas law firm did a great job and beat back a punitive attack on their fees. However, the Supreme Court has ruled that they may not receive compensation for defending their work. Baker Botts, LLP v. ASARCO, LLC , No. 14-103, 2015 U.S. LEXIS 3920 (6... Read More

After Woerner, Courts Look for "Good Gambles"
Posted on 15 Sep 2015 by Stephen Sather

You've got to know when to hold 'em Know when to fold 'em Know when to walk away And know when to run --Kenny Rogers, The Gambler After the Fifth Circuit’s opinion in Barron & Newburger, P.C. v. Texas Skyline Ltd. (Matter of Woerner... Read More

Fifth Circuit Reverses Pro-Snax
Posted on 13 Apr 2015 by Stephen Sather

In a unanimous decision, the en banc Fifth Circuit Court of Appeals walked back a prior precedent which mandated an identifiable, tangible and material benefit before professionals employed in bankruptcy cases could be compensated. No. 13-50075, Barron... Read More

Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases
Posted on 19 Jun 2015 by Kelley Drye & Warren LLP

by Ben Feder The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness International... Read More