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Thomson Reuters News and Insight Bankruptcy Law: Legal News, Information and Analysis
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Bankruptcy Law

LEGAL MATERIALS

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Crane v. Porayko (N.D. Ill.)

OPINION – A creditor obtained a judgment against Porayko, and served Porayko and his bank with citations to discover assets. Later Porayko filed for bankruptcy protection, and the creditor was granted leave from the automatic stay to pursue the funds in Porayko’s bank account. The trustee objected, but the service of citation had created a lien on Porayko’s bank account.

Maale v. Kirchgesser (S.D. Fla.)

OPINION – Defendant seeks to have her “plain vanilla” award of attorney’s fees converted into a Rule 11 sanction that will not be dischargeable in bankruptcy. The fees should have been initially sought as a Rule 11 sanction to avoid this situation. The court will not now retroactively convert the judgment nor award a second judgment.

In re W. End Fin. Advisors LLC (Bankr. S.D.N.Y.)

OPINION – In this Chapter 11 case, attorney fees that were applied for with the activity label of “review and revise” [documents] are reduced 20 percent across the board, because the court cannot determine what was reviewed nor why. Fees requested for “attention to” a matter are reduced 50 percent, because it is impossible for the court to determine the nature of the service described.

A sign pointing to U.S. Bankruptcy Court. REUTERS Chip East

Patriot Coal files for bankruptcy protection

7/9/2012

The coal producer and marketer has struggled as customers have switched to cheaper natural gas, and plans on a comprehensive financial restructuring.

Jefferson County REUTERS Marvin Gentry

Bankrupt Alabama county asks for 2nd look at lawyer fees

7/9/2012

Jefferson County wants Judge Thomas Bennett's ruling from last month clarified. The ruling did not forbid using county revenues for paying lawyers for completed work.

powerlines in front of a power plant, file 2012. REUTERS Ina Fassbender

Dynegy Inc files for bankruptcy; will merge with unit

7/6/2012

The bankruptcy filing comes as part of Dynegy's settlement agreement with creditors.

Shuttered businesses in Stockton, Calif. REUTERS Kevin Bartram

No release of details of Stockton bankruptcy talks

7/6/2012

The California city may not immediately disclose details of the city's prior talks with creditors during the opening rounds of its Chapter 9 case, a judge said.

Bankruptcy Court, file photo. REUTERS Brendan McDermid

Mammoth Lakes, Calif., files for bankruptcy

7/5/2012

The town filed for Chapter 9 municipal protection from its creditors due to a nearly $43 million legal judgment against it.

A woman walks past U.S. Bankruptcy Court in New York. REUTERS Chip East

U.S. bankruptcies on pace to fall to pre-2008 level

7/5/2012

The decline has been attributed to low interest rates, which have been kept at rock-bottom levels since the financial crisis.

A foreclosed home in Stockton, California 2008. REUTERS Robert Galbraith

How Stockton went broke: A 15-year spending binge

7/3/2012

Other U.S. cities have also experienced boom and bust. But analysts and investors see the California city as an extreme case of fiscal mismanagement over the past two decades.


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