Tag Archives: trustee

The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees

By | August 16, 2021

My recent paper, Fee-Shifting in Bankruptcy, examines the circumstances under which courts permit and refuse parties’ recovery of bankruptcy-related attorneys’ fees as costs. It turns out that, in bankruptcy, most of the major parties are not bearing their own attorney’s fees. In this context, it is fatuous to treat the American Rule as a basic point of… Read More »