Choosing And Changing Your Trustee: How To Vet, Pay And Replace The Key Gatekeeper In Your Trust

Four areas deserve careful attention at the drafting stage: due diligence, compensation, replacement authority and ongoing performance review.
JD Supra

Subchapter V Trustee Fees Protected as Administrative Expenses Outside the Ordinary Course of Business

Since its inception, Subchapter V of chapter 11 of the United States Bankruptcy Code has raised novel questions for practitioners to consider and, ultimately, for courts or legislators to address. One ...
Reuters

Courts require repayment of Trustee Program bankruptcy fees deemed unconstitutional by Supreme Court

July 19, 2023 - In Siegel v. Fitzgerald, 142 S. Ct. 1770 (June 6, 2022) (Siegel), the United States Supreme Court held that Congress' 2018 increase in fees that must be paid by debtors in bankruptcy ...
The Monterey County Herald

Liza Horvath, Senior Advocate: A trustee’s costs and expenses

Q: My question centers on costs that a trustee can pay from a trust. My parents died and appointed a cousin as the trustee of their estate. It is a sizeable estate, and my cousin is an experienced ...
Law

Supreme Court Rejects Refunds for Excessive US Trustee Fees

In a recent decision, the U.S. Supreme Court addressed the appropriate remedy for the prior discriminatory application of U.S. Trustee quarterly fees in Chapter 11 cases. See Office of the United ...
JD Supra

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The Fiduciary Considerations

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious ...