Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Appendix 11 U.S.C. § 365(d)(3) and (4), Showing Changes Made by Consolidated Appropriation Act, 2021 ("CAA"), Pub. L. 116-260, 134 Stat. 1182 (eff. Dec. 27, 2020) (Sunset December 27, 2022. Changes continue to apply in cases commenced before sunset under subchapter V of Chapter 11.) 11 U.S.C. § 365(d)(3) Pre-CAA Post-CAA...
From the Editor
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Disgorgement of fees for nondisclosure. The Tenth Circuit held that the “default sanction” for an attorney’s failure to satisfy disclosure obligation is full disgorgement of fees paid. While full disgorgement may not be required in particular circumstances, the “default sanction” principle required reversal and remand. The bankruptcy court, affirmed by the BAP, had ordered disgorgement of a small part of a large fee without providing adequate reasons. In re Stewart, ________F.3d________, 2020 WL 4726521 (10th Cir. Aug. 14, 2020).
____________________________ . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
From the Editor – Claims
SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act of 2021 (“CAA”)
Here’s How a Name Change Affects a Tax Return
Critical Case Comment– Absolute Right to Dismiss But Not the End of the Story
May the Chapter 13 Trustee Keep Fees Paid Before Dismissal?
2019 Legislation Affecting Bankruptcy Practice – Part VI
Small Business Reorganization Act…(“SBRA”) H.R. 3311 – Part Three
Deconstructing the Fair Debt Collection Practices Act: Obduskey Says Lawyers Conducting Nonjudicial Foreclosure Are Not “Debt Collectors”
District of South Carolina
Cars, Fines, and Chapter 13 in the Windy City