Congress’ enactment of differing fees for U.S. Trustee states and Bankruptcy Administrator states violated the uniformity provision of the Bankruptcy Clause of Article I of the Constitution. (Sotomayer) Siegel v. Fitzgerald, 2022 WL 1914098 (S.Ct. June 6, 2022) Case Summary In 2008, the retail chain, Circuit City Stores, filed a Chapter 11 petition. In 2010, Circuit City’sliquidating plan was confirmed...
From the Editor – Debtor’s Attorney Fees
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By The Honorable William Houston Brown (Retired)
Attorney fees allowed administrative expense. In an analysis of the allowance of the debtor’s attorney fees, the court allowed fees incurred after voluntary dismissal of the case for services that were rendered in connection with the case and were beneficial to the debtor; those services were in relation to refund of mortgage over-payment. The court’s analysis includes that there is no requirement under § 349 that administrative expenses be allowed prior to dismissal of the case. In re Hirsch, 550 B.R. 126 (Bankr. W . . .
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