Focus on Disinterestedness— All Debtors Should Have the Same Opportunities to Hire Professionals that Subchapter V Debtors Enjoy
Chapter 11 Subchapter V was enacted just before Covid-19 wracked the world. One of its notable provision is 11 U.S.C. § 1195: Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title, by a debtor solely...
Don’t Be A Victim Twice: 11 U.S.C. § 1328(A)(4) and 11 U.S.C. § 523 (A)(6).
At times, justice is a daunting concept for victims. As the title suggests, the aggrieved, the victim, or a person hurt, damaged or otherwise had a life changing event might get a judgment (criminal or civil) but what happens if that responsible person does not pay or...
Sixth Circuit Narrows Avenue for Attorneys’ Fees Awards
Frustrated debtors often look to their attorneys for recourse in recouping legal fees when defending against otherwise abusive motions in their bankruptcy case. 11 U.S.C. § 707(b)(5)(A) (the “Bankruptcy Code”) authorizes bankruptcy courts to award attorneys’ fees, but...
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