Text and context: discerning the basis for debtor's attorneys' fees under Chapter 7 and 11 of the Bankruptcy Code

Article Abstract:

Some courts have interpreted Section 330 of the Bankruptcy Code as forbidding courts from awarding "reasonable compensation" to debtor's attorneys. Other courts do not believe this interpretation is justified. The author examines this dichotomy and concludes that the second interpretation is more correct. He discusses a solution for this conflict.

Legal services, Attorneys, Offices of Lawyers, Lawyers, Lawyers' fees

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From the conflicting treatment of nonmonentary defaults in s. 365(b), an exception for franchises emerges

Article Abstract:

The language of s. 365(b) of the Bankruptcy Code is analyzed with respect to executor contracts and leasing arrangements, especially franchise agreements. Topics include the special nature of franchise agreements, assumption of franchises by trustees following non-monetary defaultd, and material breaches of franchise agreements.

Laws, regulations and rules, Trusts and trustees, Trustees, Trusts (Law), Franchises

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