Fifth Circuit Approves Breakup Fees as ‘Admin’ Expenses or Costs of Sale
The Fifth Circuit avoided deciding whether approval of breakup fees is judged by the more lenient Section 363(b) or the more exacting standard for administrative expenses under Section 503(b).
Court:
Three Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees
The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.
Court:
Getting Blood Out of a Stone: Who Can Get Paid Administrative Expenses Out of the Assets of an Insolvent Cayman Company
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Administrative Expenses Under § 503
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The Best Opinion Yet Ordering Refunds for Overpayment of U.S. Trustee Fees
All three courts to confront the question have now ordered the government to refund overpayments of U.S. Trustee fees.
DIP Counsel’s Right to Compensation Ends Immediately on a Trustee’s Appointment
Appealing an order appointing a chapter 11 trustee does not entitle the DIP’s counsel to compensation pending appeal, Judge Klein says.