In re Northwest Airlines Corp.
Feb
06
2009
Ruling
Advisor's completion fee denied on remand due to failure to demonstrate services provided were necessary.
Procedural posture
A financial advisor to the official committee of unsecured creditors filed an application for a completion fee. On remand from the United States District Court for the Southern District of New York, the bankruptcy court was asked to consider the request under the reasonable standard pursuant to 11 U.S.C.S. § 330(a).
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Court
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In re Apodaca
Jan
30
2009
Ruling
Debtor's attorney awarded fees per retainer agreement as well as additional compensation for further services.
Procedural posture
Debtor's counsel filed an application for compensation for professional services or reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re Kiser
Jan
22
2009
Ruling
Additional attorneys' fee for representation in plan modification approved in reduced amount.
Procedural posture
Debtor moved to modify his confirmed chapter 13 plan to increase the monthly payment to the trustee and to provide for the payment of $500 in attorney fees to debtor's counsel for plan modification. Both the trustee and the IRS objected to the motion to modify. The IRS objection was resolved before trial, and the only issue for trial was the necessity and reasonableness of the additional fee under 11 U.S.C.S. § 330 and Fed. R. Bankr. P. 2016(a).
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Court
:
- 11 U.S.C.
In re Coyote Ranch Contrs. LLC
Jan
21
2009
Ruling
Chapter 7 trustee awarded reasonable compensation using "commission-style" approach.
Procedural posture
The chapter 7 trustee filed an application for the allowance of fees and reimbursement of expenses related to the debtor's case. The largest creditor in the case objected to the application.
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Court
:
In re Walton
Jan
16
2009
Ruling
Debtor's attorney awarded additional fees for contesting IRS claims not originally disclosed by debtor.
Procedural posture
Counsel for the debtor filed an amended application for Approval of a fixed fee agreement. The amended application requested an increase in the fixed fee to compensate counsel for time spent and services rendered in connection with the debtor's objection to the claim of the Internal Revenue Service (IRS). Counsel contended that at the time of filing the debtor did not inform him about the existence of outstanding taxes that were owed to the IRS.
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Court
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In re JNS Aviation LLC
Jan
09
2009
Ruling
Trustee allowed fees for acting as debtor's attorney in adversary proceeding.
Procedural posture
The chapter 7 trustee filed two motions requesting allowance of compensation and reimbursement of expenses for his work as attorney for the bankruptcy estate. A creditor objected, contending that certain services rendered no identifiable, tangible benefit to the estate and that certain portions of the trustee's time represented time expended as a trustee and not as an attorney.
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Court
:
In re XO Communs. Inc.
Dec
12
2008
Ruling
Chapter 11 debtor's financial advisor awarded additional fees for restructuring of unsecured debt.
Procedural posture
On remand from the U.S. Court of Appeals for the Second Circuit, the court was directed to clarify its determination, pursuant to 11 U.S.C.S. § 330(a), of the transaction fee awarded to a financial advisor for its services as restructuring financial advisor to a chapter 11 debtor.
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Court
:
- 11 U.S.C.
In re Nicol
Nov
14
2008
Ruling
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
Procedural posture
Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
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Court
:
- 11 U.S.C.
In re Carter
Nov
07
2008
Ruling
Motion for payment of postdischarge attorneys' fees from debtors' estate denied.
Procedural posture
After the debtors' chapter 13 plan was confirmed, their attorney filed a motion to approve his request for additional attorney fees and costs. The debtors objected to the application.
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Court
:
- 11 U.S.C.
In re Reid
Nov
06
2008
Ruling
Trustee's fee application approved with only minor reduction as justified by extensive work on behalf of noncooperative debtor.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an application for compensation, seeking $59,498 in fees and $1,787 in expenses, pursuant to 11 U.S.C.S. § 330. The debtor filed an objection to the application.
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Court
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