Bankruptcy Law Section

The Bankruptcy Law Section focuses on issues involving bankruptcy law. The section’s executive committee develops projects for its members ranging from legislative proposals to their annual two-day Bankruptcy Forum and associated social events.

Immediate Past Chair
Stites & Harbison PLLC
401 Commerce Street
Nashville, TN 37219

Whittenburg Reflects on 1st Week as Bankruptcy Judge

Judge Nicholas Whittenburg just completed his first week as the newest bankruptcy judge for the Eastern District of Tennessee and tells the Hamilton County Herald that the responsibilities have been overwhelming. “My predecessor, Judge [John C.] Cook, was on the bench for 28 years,” Whittenburg says. “I’m learning how inefficient I am compared to him. It took me a week to do what he could accomplish in a matter of hours.” Whittenburg also says he did not appreciate the sheer number and variety of matters that come before the federal bankruptcy court, but is ready for the challenge.

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Court Rules Against Law Firm in Bankruptcy Fee Fight

The Supreme Court ruled today that one of the nation's biggest law firms is not entitled to recover $5.2 million in legal fees it incurred in the course of a bankruptcy proceeding. The 6-3 ruling said the firm Baker Botts could not collect additional fees it billed during a side dispute over whether the firm should be paid $117 million in fees earned representing Tucson-based copper-mining giant Asarco in the underlying bankruptcy. The court found that federal law does not allow a bankruptcy court to award attorney fees solely for the extra work performed to justify fees in the underlying case. The Daily Times has more from the Associated Press.

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