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In re Gilbertson

Mar
29
2006
Ruling
Trustee-retained collection attorney's compensation request was reduced since the contingency fee arrangement was improvident given that the attorney recovered the alleged fraudulent transer quickly and easily.
Procedural posture

In a chapter 7 case, applicant attorney sought compensation as attorney for the trustee.

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opinion summary, case decided on March 29, 2006 , LexisNexis #0406-113
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Briggs v. LaBarge (In re McGregory)

Mar
24
2006
Ruling
Bankruptcy court did not err in finding a per se conflict of interest in an attorney representing both a debtor and a bank in the same transaction and in denying the attorney fees.
Procedural posture

Appellant debtor's attorney sought review of a decision of the Bankruptcy Court for the Eastern District of Missouri, which granted the motion of appellee trustee denying the request for attorney fees and directing disgorgement of the fees paid.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 24, 2006 , LexisNexis #0406-112
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Lexington Coal Co. LLC v. Miller Buckfire LEWIS Ying & Co. LLC (In re HNRC Dissolution Co.)

Mar
22
2006
Ruling
Fee application of bankers were approved since a credit bid was contemplated as included in the fee calculation and thus did not warrant modifying the fee agreement.
Procedural posture

The bankruptcy court ordered the payment of certain administrative fees to appellee, an investment banker retained by debtors, pursuant to the banker's fee application. The fee application sought compensation in the amount of $9.35 million as well as reimbursement of expenses. The bankruptcy court approved the fee application with some adjustments. Appellants challenged the decision.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-042
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In re eToys Inc.

Oct
04
2005
Ruling
Fees for debtor's counsel were disgorged for failing to disclose conflict of interest as to counsel's representation of two parties involved in the bankruptcy.
Procedural posture

The debtors filed voluntary chapter 11 petitions for relief. The shareholder and the corporation filed post-confirmation motions for removal, disgorgement of fees, and sanctions for retained professionals contravening the disclosure requirements of Fed. R. Bankr. P. 2014, the conflict of interest prohibitions of 11 U.S.C. § 327(a). The trustee and a committee filed motions for approval of settlements.

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opinion summary, case decided on October 04, 2005 , LexisNexis #0206-004
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