Posts Categorized: Feeney

BBA Webinar: Mediation Training for Consumer Bankruptcy Cases (9/16 12-1pm)

The BBA presents live webinars via Zoom. Access to this program is free, included as part of your member benefit. Please register through your BBA account at least two hours before the start of the program to receive the Zoom webinar link. The link will be emailed to registrants on a rolling basis beginning 72 hours before the start of the program. If you have not received a link within one-hour of the program start, please email the BBA contact listed below.

COVID-19 has injected an insolvency component into numerous situations and disputes. This Bankruptcy Section kickoff program is designed to provide attendees with basic information about the use of mediation to help solve intractable issues arising in consumer matters.   As a cost-effective and voluntary process, mediation provides parties and counsel with an opportunity to resolve matters outside of the traditional adversarial nature of the legal system.  In certain situations, mediation may lead to outcomes that are not typically obtainable within an adjudicated proceeding such as improved personal and business relationships.  The focus of this session will be on understanding the fundamental components of mediation including when, where and how to use it to achieve client objectives with a particular focus on its use in insolvency settings.

This program is free for members and non-members alike. If you have any questions, please email Doug Newton at dnewton@bostonbar.org.

Speakers:

Register here.

Upcoming Bankruptcy Events

Several exciting bankruptcy-related events are taking place in and around Boston in the coming weeks, including:

The American College of Bankruptcy’s The World of Insolvency, a panel discussion on the importance of effective domestic and cross-border insolvency and creditor-debtor regimes to commerce and economic growth. The program will be held at Boston College Law School in Newton, MA from 1:00-4:00 p.m. on March 20, 2015. Please click here for more information and to register.

A Lunch Bunch session with Judge Joan N. Feeney will be held at the US Bankruptcy Court in Boston on April 2, 2015, at 11:45 a.m. For more information and to register, please click here.

The Young Bar Meets Bankruptcy Bench event has been rescheduled for April 6, 2015, from 4:30-6:30 p.m. The program will focus on practical skills and issues particularly important for those in their first ten years of practice. For more information and to register, please click here.

Student Loan Debt and Bankruptcy: Addressing the Problem and Finding Solutions, a CLE program, will be held on April 10, 2015, from 8:00 a.m. to 12:30 p.m. at the offices of the Boston Bar Association. Click here for more information and to register.

Trustee’s Commission: In re Invent Resources, Inc., Case No. 10-14056-JNF (Nov. 5, 2012)

It’s challenging when a Chapter 7 (or 11) trustee employs his own firm as counsel and later faces an objection to his commission based on that demarcation.  This dynamic was recently examined by Judge Feeney in In re Invent Resources, Inc., Case No. 10-14056-JNF (Nov. 5, 2012).  There, the trustee litigated or settled numerous matters that enabled creditor claims to be paid in full.  Examining Code sections 326 and 330, and noting case law acknowledging that the line between a trustee’s legal and non-legal services is not easy to draw, the Court stated that a trustee’s commission under section 326(a) is not a per se entitlement to the total commission calculated by using the statutory formula, but rather is a product of a reasonableness examination based on a host of factors relating to both the extent and value of the trustee’s services.   However, the Court also cited favorably In re Salgado-Nava, 473 B.R. 911, 921 (B.A.P. 9th Cir. 2012), to the effect that (i) the section 326 formula reflects Congress’ relevant assessment of what is reasonable in most instances, and that (ii) the statutory commission is therefore presumptively reasonable, absent extraordinary circumstances warranting a reduction.  Here, the only such circumstances were, to the contrary, positive in light of the anticipated 100% dividend and the commission was allowed as requested.

Contributed by:

Guy B. Moss, Esq.
Riemer & Braunstein LLP
Three Center Plaza
Boston, MA 02108
Tele: 617-880-3466
Fax: 617-692-3466
gmoss@riemerlaw.com