Post by Sapphire Capital on Jan 22, 2009 22:18:14 GMT 4
Awards of Costs in Bankruptcy Court
Laura B. Bartell
Wayne State University Law School
Journal of Bankruptcy Law and Practice, Vol. 17, No. 4, 2008
Wayne State University Law School Research Paper No. 08-39
Abstract:
As is true for other civil litigation, bankruptcy judges must implement both statutes and rules that provide for an award of costs to a party prevailing in such litigation. Unfortunately, perhaps because an award of costs (as contrasted with awards of attorneys' fees and expenses or compensation to other professionals in a bankruptcy case) seems so mechanical and intellectually unchallenging, little attention has been given to the standards for such awards, their content, and their procedural requirements. In this article I look at awards of costs in bankruptcy courts, focusing on the bases for such awards, the discretion conferred on bankruptcy judges to award costs or deny them, what "costs" may or may not be awarded, and what procedural steps a litigant must pursue to secure such an award.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1304217_code745030.pdf?abstractid=1304217&mirid=5
Laura B. Bartell
Wayne State University Law School
Journal of Bankruptcy Law and Practice, Vol. 17, No. 4, 2008
Wayne State University Law School Research Paper No. 08-39
Abstract:
As is true for other civil litigation, bankruptcy judges must implement both statutes and rules that provide for an award of costs to a party prevailing in such litigation. Unfortunately, perhaps because an award of costs (as contrasted with awards of attorneys' fees and expenses or compensation to other professionals in a bankruptcy case) seems so mechanical and intellectually unchallenging, little attention has been given to the standards for such awards, their content, and their procedural requirements. In this article I look at awards of costs in bankruptcy courts, focusing on the bases for such awards, the discretion conferred on bankruptcy judges to award costs or deny them, what "costs" may or may not be awarded, and what procedural steps a litigant must pursue to secure such an award.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1304217_code745030.pdf?abstractid=1304217&mirid=5