By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Introduction The Academy has focused at length on the Small Business Reorganization Act of 2019 (SBRA).1 SBRA deals on its face with a non-consumer topic, but it is of interest also to Chapter 12 and 13 trustees and debtors, creating a new, more debtor-friendly subchapter V of Chapter 11 for...
From the Editor – Debtor’s Attorney and Other Professionals
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By The Honorable William Houston Brown (Retired)
Mediator is professional person and employment requires court approval. The Chapter 7 trustee moved to toll the time for filing a recovery complaint to permit the parties to conduct mediation, using a retired bankruptcy judge as mediator, and the bankruptcy court questioned whether the trustee would bill for his time in participating in the mediation and would use estate funds to pay a portion of the mediator’s fee. The resulting opinion found that a trustee in any case would not be permitted to unilaterally agree to mediation for . . .
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