On February 27, 2018, the United Supreme Court issued its decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018), which significantly curtailed the ability of a defendant in an action commenced by a bankruptcy trustee under Chapter 5 of …
The March 2018 edition of the American Bankruptcy Institute Journal features an article published by Jacob L. Houmand and Kyle J. Ortiz titled Substantive Consolidation Might Redefine A Debtor: Impact On Predicate Creditors Under § 544(b). The article examines recent case law analyzing the effect of …
Outside the context of a bankruptcy proceeding, it is undisputed that the attorney-client privilege only belongs to the client. Moore v. Eason (In re Bazemore), 216 B.R. 1020, 1023 (Bankr. S.D. Ga. 1998). Upon the filing of a bankruptcy petition, however, the relationship between an …
A Bankruptcy Trustee’s Ability to Waive A Debtor’s Attorney-Client Privilege Read More »
It is well-established that the commission for bankruptcy trustees appointed in Chapter 7 cases is dictated by 11 U.S.C. § 326(a)[1], which provides for a staggered commission based upon the amount of assets disbursed to creditors[2]: (a) In a case under chapter 7 or 11, …
Commission Split Following Appointment of Successor Trustee Read More »