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This page includes a motion, objections thereto, related briefs, and an order/opinion regarding the applicability of Bankruptcy Rule 9019 to settlements in the Chapter 9 case. Rule 9019 provides, “[o]n motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement.” This court determined that a Chapter 9 debtor does not need to seek approval of settlements reached during the Chapter 9 case.
Rule 9019 Applicability to Settlement Agreements is one of several Chapter 9 Online Repository categories.
For convenience the Guide's exhibits are assembled here as a single downloadable file. To access the exhibits individually, or to download or order a hard copy of the Guide itself, follow the source link below.
This monograph explains the doctrinal and case-management aspects of fee awards. It analyzes the law of attorneys' fee awards under fee-shifting statutes, the common fund doctrine and its offspring, and the substantial benefit doctrine, and addresses an issue of special significance to bankruptcy courts―the propriety of sua sponte review of fee petitions. It also presents a selection of case-management strategies, based on interviews with judges, attorneys, U.S. trustees, and others.
Survey results regarding suggested changes to Fed. R. Bankr. 1006 are presented in this memo.