Disgorgement of fees paid to a professional person in bankruptcy

Article Abstract:

Bankruptcy lawyers in particular can be subject to claims of fee disgorgement under US Bankruptcy Code section 327. That section maintains court jurisdiction over employment and compensation of professionals by debtors in bankruptcy. Procedural and eligibility standards must be met which are not uniformly applied due largely to differing interpretations of what constitutes disinterest. The Bankruptcy Review Commission's recommendations have followed the congressional and judicial trend of greater leniency in this area.

Professional fees

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The impact of the Defense of Marriage Act on section 302 of the Bankruptcy Code and the resulting renewed interest in the equitable doctrine of substantive consolidation

Article Abstract:

The Defense of Marriage Act's nonrecognition of same-sex marriages precluded same-sex couples from jointly filing for bankruptcy under 11 USC 302. The equitable doctrine of substantive consolidation is possibly the only approach to efficiently untangle jointly-owned assets and common liabilities acquired within same-sex relationships. Under this doctrine the assets and liabilities are merged together and the creditors are considered equally in estate distribution.

Same-sex marriage

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Dismissal of cases via 11 U.S.C. section 707: bad faith and substantial abuse

Article Abstract:

The dismissal remedy in US Bankruptcy Code section 707 comes with certain statutory and doctrinal limitations which make it less available to creditors seeking relief from abusive or bad faith bankruptcy filings and processes. Barriers include those of time, standing, and case type. Uncertainty is added by doctrinal disputes over the definition of the statute's substantial abuse language.

Bad faith (Law), Dismissal and nonsuit, Abuse of rights

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