2nd Circle Rules Bankruptcy Court May Award Attorney Fees
Posted onAuthorGwendolyn C. MalkinComments Off on 2nd Circle Rules Bankruptcy Court May Award Attorney Fees
By Clarice Silber (May 18, 2022, 4:43 p.m. EDT) — A Second Circuit panel overturned a district court’s ruling and referred a Chapter 7 complaint to the bankruptcy court, finding that a bankruptcy judge has the power to award damages and attorneys’ fees.
The three-judge panel said that because bankruptcy judges have the power to impose contempt penalties, they also have the jurisdiction to award these other costs.
“The bankruptcy court has the power to impose contempt penalties, which traditionally includes the power to award damages and attorneys’ fees,” U.S. Circuit Judge Richard J. Sullivan wrote for the panel in the decision released Tuesday. “With this authority comes…
Stay one step ahead
In the legal profession, information is the key to success. You need to know what’s going on with customers, competitors, practice areas and industries. Law360 provides the intelligence you need to stay an expert and beat the competition.
Access to case data in articles (numbers, filings, courts, nature of lawsuits, etc.)
Access to attached documents such as briefs, motions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and more!
On May 2, the United States Supreme Court added three more cases to its docket for the next term. The first raises the question of whether expense clause legislation can ever confer a privately enforceable “right” under section 1983. The second relates to when an employee is “highly paid” and is not therefore not subject […]
Russia-backed grocery delivery app Buyk, which has been crippled by sanctions, is seeking U.S. backers in a bid to save itself from bankruptcy, The Post has learned. In a company-wide call hours after Buyk suddenly suspended its 15-Minute Delivery service and fired 98% of its employees due to Russian sanctions, CEO James Walker presented three […]
DOVER, Del. (AP) — Two years after seeking Chapter 11 protection amid a flood of child sex abuse lawsuits, the Boy Scouts of America has reached a tentative settlement with an official bankruptcy committee representing more of 80,000 men who say they were molested as children by scout leaders and others. The settlement announced Thursday […]