- 11 U.S.C.
In re Crafts Retail Holding Corp.
Nov
16
2007
Ruling
Court approved financial advisor's request for fees of unapproved attorney denied.
Procedural posture
Debtors, a retail holding company and others, filed petitions under chapter 11 and requested permission to hire a financial advisor. The court approved the request and subsequently granted the advisor's application for payment of $150,000 for professional services and $4,577 for expenses. The advisor asked the court for reimbursement of an additional $35,000 in attorney fees it claimed it incurred.
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Court
:
- 11 U.S.C.
In re College Props. Ltd. Pship
Nov
13
2007
Ruling
Fees incurred in defense of limited partners'appeal of global settlement agreement ordered paid from funds set aside from those partners.
Procedural posture
The attorney for the chapter 11 trustee filed his third fee application, seeking approval of $105,226.00 in fees and $6,849.63 in costs, pursuant to 11 U.S.C. § 330. Limited partners of the debtor limited partnership filed objections. At issue was whether the fees, almost entirely incurred in the defense of certain limited partners' appeal, should be payable from the amounts set aside for distributions to those objectors.
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Court
:
- 11 U.S.C.
In re Hart
Nov
07
2007
Ruling
Attorneys'fees approved less billings for purely secretarial task of drafting letters.
Procedural posture
Counsel for the bankruptcy debtors filed an application for the allowance and payment of compensation and reimbursement of expenses and costs, pursuant to 11 U.S.C. § 330.
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Court
:
- 11 U.S.C.
In re Tan
Oct
24
2007
Ruling
Trustee's attorney not entitled to compensation for services generally performed by trustee without assistance of counsel.
Procedural posture
The law firm for a chapter 11 trustee filed a second supplemental application for compensation. The debtor challenged the reasonableness of the hours expended.
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Court
:
- 11 U.S.C.
In re APW Enclosure Sys.
Oct
23
2007
Ruling
Failure of debtor's counsel to obtain court approval of sale procedures mandated a reduction in fees.
Procedural posture
Debtor's counsel filed a motion to reconsider a prior order that disallowed, in part, counsel's final application for compensation for services rendered and reimbursement of expenses.
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Court
:
- 11 U.S.C.
In re Van Nice
Oct
22
2007
Ruling
Attorneys' fee reduced due to unnecessary preparation and filing of alternative plan and collection of settlement from creditor.
Procedural posture
The debtors filed for relief under chapter 13. Counsel for the debtors filed an amended application for professional fees and costs. The trustee objected to the application. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Burt
Oct
09
2007
Ruling
Attorney's $200,000 flat fee disallowed.
Procedural posture
The chapter 7 trustee objected to the allowance of the claim of an attorney for the debtor.
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Court
:
- 11 U.S.C.
In re Ameritex Yarn LLC
Oct
05
2007
Ruling
Counsel fees awarded in reduced amount where case was not extraordinary and attorneys had not filed administrative expense claim for pre-apppointment services.
Procedural posture
A chapter 7 petition was entered against a debtor. The debtor consented to entry of an order of relief, and converted the case to a chapter 11 proceeding. Counsel for the committee of unsecured creditors (the Committee) filed an application for interim compensation and reimbursement for a six week period. Counsel also sought establishment of procedure for the submission of subsequent applications.
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Court
:
In re Spillman Dev. Group Ltd.
Sep
20
2007
Ruling
Attorneys'fee application for fees generated largely by objecting LLC's opposition to sale of property approved with minor reductions.
Procedural posture
Debtor business filed a voluntary petition under chapter 11, and a plan for repaying its creditors. The court denied confirmation of the plan, but allowed the debtor to sell its interest in a golf course. A law firm that represented the debtor filed a Final Fee Application, and a limited liability company ("LLC") that was one of the debtor's primary creditors filed an objection to the application.
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Court
:
- 11 U.S.C.
Redmond v. Carson (In re Carson)
Aug
24
2007
Ruling
Bankruptcy court properly declined to apply doctrine of marshalling to tax refund used to pay debtor's attorney.
Procedural posture
Appellant trustee challenged an order from the Bankruptcy Court for the District of Kansas, which declined to apply the doctrine of marshaling to the tax refund of appellee debtor. Prepetition, the debtor had assigned that tax refund to her attorney for his flat-fee retainer.
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