Professional Fees after Lamie
Payment From Whom and How: Conversion of a Case, Future Retention and Beyond
by C.R. “Chip” Bowles
For a number of years the questions of whether chapter 7 debtor’s counsel could be compensated from a debtor’s bankruptcy estate absent that attorney being employed under 11 U.S.C. §327 or 1103 has been unresolved. The U.S. Supreme Court’s decision in Lamie v. U.S. Trustee finally resolved the split between the Circuits. This issue primarily involves fee requests from attorneys hired by debtors to file chapter 11 cases for work done for a chapter 7 estate after the chapter 11 was converted to a chapter 7 case although other related issues may arise.
Agenda for 2005 Annual Spring Meeting
At the Annual Spring Meeting, April 28–May 1, there will be two presentations by the Professional Compensation Committee. First, there will be a program on special fees issues confronting small firm attorneys in chapter 11 cases. Panelists will include Steven Schwaber and Edward Malpass. The Committee will also get an update on the ABI Chapter 11 Professional Fee Study.
New Compensation Guide Coming in April from ABI
The latest ABI publication, Getting Paid: Retention and Compensation in Bankruptcy Cases—A Guide for Non-attorney Professionals, will be available in April. The book is the effort of six authors who offer the latest on written fee, engagement or retainer agreements, the fee application process, the Lodestar standard, fee enhancements and much more. Comprehensive appendices provide practical materials such as sample forms and other resources. The new book will be available through the ABI World bookstore in April.