BANKRUPTCY CODE & RULES

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Rochelle's Daily Wire

3rd Circuit

Concurrent Representation of a Major Creditor/Shareholder Is/Isn’t Disqualifying

In re Invitae Corp.

Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.

10th Circuit

What Are ‘7’ Trustees Paid When the Case Converts to ‘13’ Before Distributions?

In re Cummings

Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.

9th Circuit

Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages

In re Griffin and In re Valdellon

One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.

5th Circuit

Amending a Claim After Confirmation Requires ‘Compelling Circumstances’

In re Highland Capital Management LP

The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.