Bankruptcy cases you need to know by name include Lamie, the Supreme Court’s 2004 pronouncement on attorneys fees for debtor’s counsel.
Petitioner represented a Chapter 11 debtor whose case was converted to Chapter 7. After conversion, Mr. Lamie filed amended schedules, and reports on changes in assets and debts since the commencement of the case. He didn’t represent the Chapter 7 trustee nor was he appointed by the court in the Chapter 7.
Lamie sought payment for those services from the estate of the debtor and was rebuffed at the bankruptcy court, the district court and the court of appeals. At issue were changes to 11 U.S.C. 330 made in 1994 which deleted from the list of professionals who could be paid from the estate the debtor’s attorney.
After you’ve read the case, consider how your representation agreement deals with your obligations and entitlements upon conversion of one of your cases to Chapter 7.
Summer’s almost over: Have you read Rash, Till, Johnson, Patterson, and Dewsnup?
Image courtesy of Klearchos Kapoutsis Santorini.
