Professor Kenneth N. Klee on the Supreme Court's Holding in Baker Botts L.L.P. v. ASARCO LLC, 2015 U.S. LEXIS 3920 (June 15, 2015) (PDF)
Professor Kenneth N. Klee analyzes Baker Botts L.L.P. v. ASARCO LLC, where the Supreme Court held that 11 U.S.C. § 330(a)(1) does not permit bankruptcy courts to award fees for defending fee applications to professionals employed under 11 U.S.C. § 327(a). The Court relied on a strict construction of the American Rule, which generally requires each party to bear its own litigation costs, and a strict textual interpretation of section 330(a)(1).
Kenneth N. Klee is a nationally recognized expert on bankruptcy law. He is a Professor of Law Emeritus at the UCLA School of Law and a founding partner of Klee, Tuchin, Bogdanoff & Stern LLP, specializing in corporate reorganization, insolvency, and bankruptcy law. From 1974 to 1977, Professor Klee served as associate counsel to the Committee on the Judiciary, U.S. House of Representatives, where he was one of the principal drafters of the 1978 Bankruptcy Code. He served as a consultant on bankruptcy legislation to the U.S. Department of Justice in 1983–1984. From 1992 to 2000, he served as a member of the Advisory Committee on Bankruptcy Rules to the Judicial Conference of the United States. From 2000-2003, and previously from 1988 to 1990, Professor Klee served as a lawyer delegate to the Ninth Circuit Judicial Conference. From 2011 to 2014 he served as member of the executive committee of the National Bankruptcy Conference, a capacity in which he previously served from 1985 to 1988, 1992 to 1999, and 2005 to 2008. He also served as chair of the NBC's legislation committee from 1992 to 1999. From 2011 to 2014 he served as a commissioner on the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11. Professor Klee is a past president and member of the board of governors of the Financial Lawyers Conference. From 2003 to 2008 and in 2011 he was named by the Daily Journal as one of California's Top 100 Lawyers. In the February 2004, 2005, 2006, 2007, and 2008 editions of Los Angeles Magazine, he was named one of the Top 10 Super Lawyers for Los Angeles County. Law Dragon has included him among the top 500 lawyers in the United States in 2005, 2007, and 2008. In March, 2015 he received the Distinguished Service Award from the American College of Bankruptcy. He was included in "The Best Lawyers in America" 2015 edition and has been included for at least 25 years. Professor Klee has been named by Who's Who Legal in August 2012 and 2014 as one of the top ten insolvency & restructuring attorneys in the world. In 2013 he was inducted into the Turnaround Management Association's Turnaround, Restructuring, and Distressed Investing Industry Hall of Fame. He was named by The International Who's Who of Insolvency & Restructuring Lawyers 2013 as one of the top ten most highly regarded insolvency and restructuring attorneys in the world. Additionally, in June 2013 he received the Distinguished Service Award from The Bankruptcy Inn Alliance. In October, 2007 he received the Excellence in Education Award from the Endowment for Education of the National Conference of Bankruptcy Judges. In November 2006, the Central District of California Consumer Bankruptcy Attorneys Association bestowed on him the Calvin Ashland Award as consumer bankruptcy attorney of the year. In March 2005, he was named by the Century City Bar as Bankruptcy Lawyer of the Year. Professor Klee has authored or co-authored two books on bankruptcy and the Supreme Court: Kenneth N. Klee & Whitman L. Holt, Bankruptcy and the Supreme Court: 1801-2014 (West Academic 2015); and Kenneth N. Klee, Bankruptcy and the Supreme Court(LexisNexis 2008). Professor Klee has co-authored Business Reorganization in Bankruptcy (with Scarberry, 1995, 2d ed. 2001, 3d ed. 2006, 4th ed. 2012) and Fundamentals of Bankruptcy Law (4th ed., with Treister, 1996), and has authored and co-authored numerous articles on bankruptcy law.
The views stated here are those of the author individually, not of the UCLA School of Law, Klee, Tuchin, Bogdanoff & Stern LLP, or any client.
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