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Bankruptcy

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Michelle A. Cecil

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Toward A More Reasoned Approach To The Priority Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil Sep 2008

Toward A More Reasoned Approach To The Priority Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil

Michelle A. Cecil

The current mortgage foreclosure crisis, coupled with the country’s economic downturn and escalating consumer costs, have combined to place a crippling burden on the nation’s bankruptcy system. During difficult economic times such as this, it is imperative that the bankruptcy system operate efficiently, as it provides a social safety net for both consumers and businesses. Unfortunately, there are many issues of statutory interpretation left unanswered in the Bankruptcy Code, and these issues have placed an increased burden on the country’s bankruptcy courts. This Article seeks to resolve one thorny issue of statutory interpretation: the treatment of attorneys’ fees in bankruptcy. …


Toward A More Reasoned Approach To The Priority Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil Aug 2008

Toward A More Reasoned Approach To The Priority Of Attorneys' Fees In Bankruptcy, Michelle A. Cecil

Michelle A. Cecil

The current mortgage foreclosure crisis, coupled with the country’s economic downturn and escalating consumer costs, have combined to place a crippling burden on the nation’s bankruptcy system. During difficult economic times such as this, it is imperative that the bankruptcy system operate efficiently, as it provides a social safety net for both consumers and businesses. Unfortunately, there are many issues of statutory interpretation left unanswered in the Bankruptcy Code, and these issues have placed an increased burden on the country’s bankruptcy courts. This Article seeks to resolve one thorny issue of statutory interpretation: the treatment of attorneys’ fees in bankruptcy. …