From the Editor’s Desk - Debtor’s Attorney and Other Professionals • NACTT Academy

From the Editor’s Desk – Debtor’s Attorney and Other Professionals

By The Honorable William Houston Brown (Retired)

Attorney not entitled to fees for time reviewing monthly monitoring of cases by other staff. In eleven Chapter 13 cases, the trustee objected to the debtors’ attorney billing for time spent reviewing other staff members’ monthly monitoring of cases. While case-monitoring may be reasonable in some cases, the attorney did not provide case-specific evidence of the need for routine monitoring of case reviews performed by an associate attorney. Also, the attorney was not entitled to compensation at attorney rates for services that could be performed by clerical . . .

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Many have had the unpleasant experience of coping with an ill-mannered and disrespectful opposing counsel. Unnecessary motions are filed and unfounded allegations are asserted. Relief requested has no basis in fact or law. Temperatures rise. The volume of argument is loud. Your staff and you are upset. What to do?We asked the Emeritus Trustees and here are some recommendations: First,...

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From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...

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