- 11 U.S.C.
In re Patterson
Aug
08
2007
Ruling
Attorney for debtor-in-possession, replaced by trustee's attorney after conversion to chapter 7, ordered to turn over postpetition retainer paid without court approval.
Procedural posture
After a debtor's chapter 11 case was converted to a chapter 7 case, the debtor filed an application to employ a new attorney.
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Court
:
In re Murray
Aug
06
2007
Ruling
Enhanced fee for debtor's attorneys denied where disclosure statement appeared to call for flat fee.
Procedural posture
After a bankruptcy debtor's chapter 13 plan was confirmed, counsel for the debtor applied for allowance of compensation and reimbursement of expenses for the filing fee, parking, and copying.
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Court
:
- 11 U.S.C.
In re APW Enclosure Sys.
Aug
02
2007
Ruling
Debtor's attorneys' fees disallowed due to failure to follow procedures and lack of preparation.
Procedural posture
Debtor's counsel filed a final application for compensation.
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Court
:
- 11 U.S.C.
In re Pan Am Hosp. Corp.
Jul
17
2007
Ruling
Debtor's advisors allowed transaction fee regardless of timing of sale of assets.
Procedural posture
A debtor filed for relief under chapter 11. Advisors for the debtor filed an application for final fees. An official committee of unsecured creditors filed an objection to the final fee application of the advisor.
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Court
:
In re Moreland
Jun
22
2007
Ruling
Debtor's attorney allowed additional fee for services performed in relation to audit.
Procedural posture
An attorney for chapter 13 debtors filed an application for compensation, seeking an additional $840 in attorney fees, plus costs, for work performed related to an audit of the debtors'financial records. The U.S. Trustee opposed the allowance of costs. The trustee did not oppose an award of reasonable fees related to the audit but took no position as to the reasonableness of the fees requested.
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Court
:
- 11 U.S.C.
In re Brous
Jun
12
2007
Ruling
Trustee required to establish right to compensation under lodestar method.
Procedural posture
Three fee applicants sought final compensation in the chapter 7 case. They included: (1) the chapter 7 trustee; (2) the trustee's general counsel; and (3) the trustee's special litigation counsel. The main creditor in the case filed an objection to each application.
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Court
:
In re Incredible Auto Sales LLC
May
18
2007
Ruling
Attorneys'fees substantially reduced due to extensive pre-conversion services not likely to benefit estate.
Procedural posture
The debtor filed for relief under chapter 11 and the matter was converted to a proceeding under chapter 7. The debtor's attorney filed two applications for professional fees for services, pursuant to 11 U.S.C. § 330(a), rendered to the debtor. The U.S. Trustee filed a written opposition to the first interim application.
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Court
:
Roeder v. No Respondent (In re Ward)
Apr
13
2007
Ruling
Trustee's compensation was subject to reasonableness test.
Procedural posture
Before the court in a chapter 7 matter was the Trustee's Final Report and Account, an Application for Compensation as Trustee, and an Application for Compensation as Attorney Pro Se. The trustee requested compensation as trustee in the amount of $9,188 plus $584 in expenses and compensation as attorney pro se in the amount of $2,199.
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Court
:
In re Babcock & Wilcox Co.
Mar
15
2007
Ruling
Bankruptcy court did not err in disallowing creditors' committee's counsel's travle time and expenses absent sufficient evidence of reasonableness or necessity.
Procedural posture
Appellant law firm sought review of two orders of the Bankruptcy Court for the Eastern District of Louisiana, which granted the limited objection of appellee, the United States Trustee, and disallowing travel time compensation at full rate and first class airfare expenses pursuant to the firm's interim application for professional fees and reimbursement of expenses under 11 U.S.C. §§ 330(a) and 331. A motion to reconsider was also denied.
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Court
:
In re Beck
Feb
21
2007
Ruling
BAPCPA justified increase in presumptive attorneys'fees.
Procedural posture
In ten selected chapter 13 test cases, the bankruptcy trustee filed objections to confirmation in each case, generically claiming that the amount of attorney's fees requested by debtors'counsel exceeded the previously approved fees for similar work. Debtors' counsel asserted that an increase in fees was warranted following the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
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