A Trustee Receives Statutory Commissions Unless the Amount Is ‘Offensive’
A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.
Bartenwerfer Doesn’t Apply if the Debtor Isn’t a Partner or Agent, Bankruptcy Judge Says
Bankruptcy Judge Klinette H. Kindred declined to expand Bartenwerfer by imputing fraud or larceny when the debtor wasn’t a partner or agent.
Inside ABI July 2023
President’s Column Subchapter V Task Force We can use all your help! Consistent with my primary initiative announced at my installation at the Annual Spring Meeting in April, the Subchapter V Task Force is off to the races (not the Kentucky Derby, I might add!). A
Legislative Highlights July 2023
Legislative Highlights Awaiting Decision of Supreme Court, Biden Vetoes Measure to Cancel Student Debt Relief President Joe Biden on June 7 vetoed a legislative measure (House Joint Resolution 45) that would have canceled his plan to forgive student debt, leaving the
Sixth Circuit Staunches the Spread of Equitable Mootness to Chapter 7
Two judges on the Sixth Circuit cast doubt on the validity of the doctrine of equitable mootness, even in chapter 11 reorganizations.
Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.