New York Bankruptcy Resources - Credit Counseling
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Credit Counseling Information and Firms Online:
- Credit Counseling - refresh.
Recent Notable Opinions of the Supreme Court of The United States:
Lamie v. United States, No. 02-693 (2004), Argued November 10, 2003, Decided January 26, 2004, CERTIORARI TO
THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.
Before 1994, Sec. 330(a) of the Bankruptcy Code authorized a judge to award a trustee, an examiner, a
professional, or to the debtor's attorney (1) reasonable fees and
compensation for services rendered by such trustee, examiner, professional
person, or attorney. In 1994, Congress amended the Code with a reform Act. The Government objected to the application. Petitioner admitted he was not employed by the trustee and
approved by the court under Sec. 327, but nonetheless contended Sec. 330(a) authorized a fee award to him because
he was a debtor's attorney. In denying petitioner's application, the Bankruptcy Court, District Court, and Fourth
Circuit all held that in a chapter 7 proceeding Sec. 330(a)(1) does not authorize payment of attorney's fees
unless the attorney has been appointed under Sec. 327. Held: under the Code's plain language, Sec. 330(a)(1) does not authorize compensation awards to debtors'
attorneys from estate funds, unless they are employed as authorized by Sec. 327. If the attorney is to be paid
from estate funds under Sec. 330(a)(1) in a chapter 7 case, he must be employed by the trustee and approved by the
court.
The resources we list relate in some way to filing New York Bankruptcy, whether laws, discharge, reorganization or other topics . Vast bodies of law apply to New York Bankruptcy proceedings and are incorporated by the courts
within each case. As New York Bankruptcy laws are enacted each year, the scope of this website continues to
grow.
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