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Full-Text Articles in Contracts
'No Look' Attorneys' Fees And The Attorneys Who Are Looking: An Empirical Analysis Of Presumptively Approved Attorneys' Fees In Ch. 13 Bankruptcies And A Proposal For Reform, Bruce Price
Bruce M Price
This article presents original empirical research on the issue of “No Look” or presumptively approved attorneys’ fees in consumer Chapter 13 bankruptcy cases. 11 U.S.C. section 330 requires court approval of attorneys’ fees. Courts are frequently unable to address the volume of applications if individual review were required. As such, many courts have set presumptively approved attorneys’ fees in which the attorneys’ fees for routine services are approved administratively. Circuits are split as to whether this practice can be rationalized with existing case law, the Bankruptcy Code or legislative intent. The study examines the practices of each Bankruptcy Court and …
Halting, Altering And Agreeing, Bruce M. Price
Halting, Altering And Agreeing, Bruce M. Price
Bruce M Price
Utilizing Felstiner, et al.'s Naming, Blaming and Claiming as a conceptual framework, I argue that the Chapter 11 bankruptcy process represents a dispute transformation mechanism. Disputes are transformed through a series of stages I call Halting, Altering and Agreeing. This transformative dispute process can be conceptualized as a form of disputing that accomplishes many of the goals of ADR, while avoiding the ideological and substantive critiques outlined by Harrington, Engle Merry, Yngvesson, and others. Finally, the development of this dispute mechanism is historically situated in light of the transition to the modern form of contract law and welfare state considerations …