The Supreme Court two years ago ruled in Baker Botts v. Asarco that bankruptcy professionals entitled to compensation from a debtor’s bankruptcy estate had no statutory right to be compensated for time spent defending against objections to their fee applications.
Continue Reading Fees for Defending Fees – Recent Rulings Permit Contractual Circumvention of Supreme Court’s Baker Botts v. Asarco Decision
Baker Botts
Nortel Judge Rejects Noteholders’ Challenge to Indenture Trustee’s Fees
By Ben Feder on
Posted in Chapter 11
Judge Kevin Gross of the U.S. Bankruptcy Court for the District of Delaware handed down an important ruling last week that turned aside most of an unusual challenge to the fees and expenses of an indenture trustee in the long-running…
Continue Reading Nortel Judge Rejects Noteholders’ Challenge to Indenture Trustee’s Fees
Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco Decision
By Ben Feder on
Posted in Chapter 11
The Supreme Court’s decision last term in Baker Botts v. Asarco, in which the Court ruled that professionals that are paid from a debtor’s bankruptcy estate cannot be compensated for time spent defending their fee applications, continues to rankle…
Continue Reading Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco Decision
Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases
By Ben Feder on
Posted in Chapter 11
The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness International Network v. Sharif. The…
Continue Reading Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases