News & Analysis as of

Attorney's Fees Bankruptcy Court Debtors

Ward and Smith, P.A.

740,000 Reasons to Think Twice Before Putting a Company in Bankruptcy

Ward and Smith, P.A. on

A recent decision from a bankruptcy court in Delaware provides a cautionary tale about the risks of involuntary bankruptcy.  In the Delaware case, the debtor managed a group of investment funds. The business was all but...more

Falcon Rappaport & Berkman LLP

Fourth Circuit Holds That Settlement of Nondischargeable Debt and Resulting Interest and Fees Owed Thereunder Are Both...

We have written in the past about exceptions to the general rule regarding a debtor’s ability to discharge debt in bankruptcy and achieve a “fresh start.” In a recent decision of interest, the Court of Appeals for the Fourth...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Provides an Object Lesson to Practitioners: Return Your Client’s Calls

Judge Jacqueline P. Cox recently found that three Illinois attorneys violated their ethical obligations by failing to return their client’s phone calls. She thus ordered the attorneys to return half of their...more

Smith Debnam Narron Drake Saintsing & Myers,...

Debtor’s Counsel Failed to Mitigate Attorneys’ Fees Incurred for § 362(k) Violation by Rejecting Settlement Offer; Proceeding to...

Section 362(k) of the U.S. Bankruptcy Code entitles an individual injured by a willful violation of the automatic stay to recover actual damages, including costs and attorneys’ fees, as well as punitive damages in appropriate...more

Balch & Bingham LLP

Court Limits Scope of Midland Funding and Imports State Law Penalties for Bankruptcy Filings

Balch & Bingham LLP on

In Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017), the U.S. Supreme Court held that filing a proof of claim for a debt subject to a limitations defense does not violate the FDCPA, at least in the vast majority of...more

Bradley Arant Boult Cummings LLP

Alabama Bankruptcy Court Substantially Reduces Award of Attorney’s Fees

In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate...more

Spilman Thomas & Battle, PLLC

Top 10 Bankruptcy Truths for Creditors to Know

Much of the bankruptcy chatter arising from the pandemic world in which we find ourselves is now focusing on the cascade of new bankruptcy cases that are predicted to arrive soon. We have already seen the effects of closed...more

Ward and Smith, P.A.

Is it Time to Re-Write Your Attorney's Fees Provision?

Ward and Smith, P.A. on

Bankruptcy court is not the first place that comes to mind when a lender thinks about full recovery on a loan. Usually, debtors file bankruptcy because they can't pay all their creditors in the ordinary course of business....more

K&L Gates LLP

K&L Gates Triage: Protecting Patient Information in Bankruptcy Cases

K&L Gates LLP on

In this episode, Margaret Westbrook discusses privacy issues that may affect health care providers when filing proofs of claim in the bankruptcy court. Given the potential for public access of these records, it is important...more

King & Spalding

Ninth Circuit Rules Lease Damages Cap Does Not Apply to Damages Independent of Termination

King & Spalding on

On December 29, 2016, the U.S. Court of Appeals for the Ninth Circuit (the “Court”) issued an opinion, holding that the statutory cap on a landlord’s damages claim in a bankruptcy case applies only to claims resulting...more

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