Professional Compensation/Fees

The Ethics and Professional Compensation Committee had another successful year in 2024. Our activities continued to keep our members and the insolvency community apprised of relevant recent developments and hot topics while also offering fun and beneficial social and networking opportunities.

Ninth Circuit BAP says there is no due process problem with denial of chapter 13 trustee fees if dismissal precedes confirmation.

Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.

Motions for fees must be made within 14 days of the entry of judgment.

The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).

Getting paid in a consumer bankruptcy practice can feel like nighttime in Westeros: dark and full of terrors. [1]

Debtors typically see bankruptcy as a last resort and often don’t contact an attorney until they are out of time and money, usually while facing existential issues with strict timelines. Depending on your jurisdiction, stopping certain actions can be all but impossible without filing for bankruptcy. Yet, the retention and compensation of a bankruptcy attorney is subject to serious complexities. Often, the choice of chapter is made by what the client can afford to do now, not what’s best.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month sentence for an attorney who

Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.