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In re Guadette

In re Guadette

Ruling
Court modified fee agreement and awarded counsel additional fees since parties benefitted from counsel's work.
Procedural posture

Movant, special counsel to the trustee of a chapter 7 bankruptcy estate, filed a final fee application, seeking additional fees on theories of fee-shifting, common fund, quantum meruit, and the application of a contingency fee agreement to all assets of a second bankruptcy estate. Objectors included, inter alia, the trustee, the Small Business Administration, and three recovery corporations, one of which filed a motion to release escrow funds.

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opinion summary, case decided on May 26, 2006 , LexisNexis #0706-124