Arguing bankruptcy fees with Nick Zluticky

Arguing bankruptcy fees with Nick Zluticky

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In this video, Nate Mowry interviews Nick Zluticky, who represented John Q. Hammons Fall 2006, LLC and related debtors in their dispute last term over bankruptcy fees. 

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Justices refuse to force refund of excessive bankruptcy fees

Justices refuse to force refund of excessive bankruptcy fees

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Two years after the court ruled that a disparity in bankrupt debtors’ fees between judicial districts was impermissible, the justices on Friday ruled 6-3 that charging equal fees going forward is an adequate remedy for that disparity. The government will not have to pay back debtors who paid more than they would have in another district.  

In most districts (88 out of the 94 federal judicial districts), Chapter 11 bankruptcy cases are administered by the Office of the … Read the rest

Justices appear sympathetic to insurance company in asbestos bankruptcy

Justices appear sympathetic to insurance company in asbestos bankruptcy

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Tuesday’s argument in Truck Insurance Exchange v. Kaiser Gypsum Co. considered a technical question under the Bankruptcy Code, how to decide when an entity is a “party in interest” under the statute, which gives it a right to “be heard on any issue” in a Chapter 11 proceeding. The debtor, a failed asbestos company, claims that it will perform its insurance contracts in full: It will pay all the deductibles it owes, 100 cents on the dollar. Accordingly, it … Read the rest