RWDY, Inc., In re
Mar
24
2025
Ruling
Interim compensation allowed where evidence did not establish that accountant knowingly acted in concert with the debtor's former president or had actual knowledge of embezzlement scheme. (Bankr. W.D. La.)
Issue(s)
Limitation on Compensation of Professional Persons; Grounds for Denial of Compensation.
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Court
:
Easterday Ranches, Inc., In re
Nov
23
2022
Ruling
No reduction of the requested fees was warranted as the offending plans advancednegotiations and provided a framework for the consensual plan that the court ultimatelyconfirmed. (Bankr. E.D. Wash.)
Issue(s)
Limitation on Compensation of Professional Persons; Grounds for Denial of
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Court
:
NIR West Coast, Inc., In re
Apr
05
2022
Ruling
Court denied the allowance of all compensation and the reimbursement of all expensesrequested in the revised application as the law firm represented an interest adverse to theinterest of the bankruptcy estate during the term of its employment. (Bankr. E.D. Cal.)
Issue(s)
Limitation on Compensation of Professional Persons; Grounds for Denial of
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Court
:
Fish & Fisher, Inc., In re
Sep
01
2017
Ruling
Total denial of a professional's fees was not warranted for there was no evidence presentedwhich showed that the professional acted in any manner considered as harmful toward thebankruptcy estate. (Bankr. S.D. Miss.)
Issue(s)
Limitation on Compensation of Professional Persons; Grounds for Denial of Compensation.
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Court
:
In re Grasso
Jan
17
2014
Ruling
Attorneys' fee applications denied due to actual conflict and harm caused to debtor's estate.
Issue(s)
Should debtor's attorneys' fees application be disallowed due to acquiring an interest adverse to the estate, billing for services performed on behalf of the adverse party, failure to be forthcoming with the Court regarding involvement in the purchase of a secured claim against the debtor and causing injury to the estate by facilitating the diversion of estate assets.
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Court
:
In re Sundance Self Storage-El Dorado LP
Nov
06
2012
Ruling
Debtor's counsel's previously approved fees ordered disgorged due to failure to disclose interests adverse to estate.
Procedural posture
The court issued an order directing the debtor's counsel to show cause why the court should not reconsider the amount approved under an earlier fee award in his favor and why he should not be sanctioned.
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Court
:
In re Mendez
Aug
09
2012
Ruling
Special counsel's fees denied due to payment of proceeds of judgment in favor of estate to debtor without informing trustee.
Procedural posture
A special counsel filed an application for compensation pursuant to 11 U.S.C.S. § 328 for the legal services he rendered representing a bankruptcy estate in a state court matter. The United States Trustee (UST) objected to the special counsel's motion and moved for summary judgment.
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Court
:
In re Platinum Oil Props. LLC
Dec
23
2009
Ruling
Approval of debtor's counsel's interim fee applications conditioned on supplemental disclosure of representation of parties with adverse interests to estate.
Procedural posture
Debtor's counsel submitted its first interim fee application sought allowance of compensation in the amount of $ 151,139.36 for fees and $ 4,646.12 for expenses. Creditor filed an objection to the fee application, asserting that the debtor did not own the interests it claimed in two oil and gas leases, and that the counsel represented parties that held adverse interests, and failed to make a proper disclosure under Fed. R. Bankr. P. 2014(b).
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Court
:
In re Howeser
Dec
08
2009
Ruling
Fee application denied due to debtor's attorneys' pre- and post-petition representation of creditor with interest adverse to estate.
Procedural posture
A law firm filed an application for an award of compensation for services to the estate of a chapter 11 debtor. Objections to compensation were filed pursuant to 11 U.S.C.S. § 328(c).
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Court
:
In re Creative Desperation Inc.
Sep
14
2009
Ruling
Debtor's attorney sanctioned for failure to disclose relationship with party holding adverse interest to debtor.
Procedural posture
A debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The court approved an attorney's retention as counsel for the debtor on a limited basis. The case was converted to a proceeding under chapter 7 of the Bankruptcy Code. A trustee filed a motion for sanctions and contempt against the attorney. The attorney filed a final fee application seeking approval for compensation as counsel for the debtor.
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Court
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