- 11 U.S.C.
In re Almen
Jan
31
2007
Ruling
Debtor's counsel's pre-conversion fees for chapter 7 services are to be treated as general unsecured claims.
Procedural posture
Counsel for a debtor filed an application pursuant to Fed. R. Bankr. P. 2016(a) for compensation and reimbursement for both chapter 7 and chapter 13 services.
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Court
:
- 11 U.S.C.
In re Custom Servs. Intl Inc.
Jan
26
2007
Ruling
Bankruptcy court refused to reconsider denial of attorney's fees incurred defending venue where the filing in that venue was made in bad faith.
Procedural posture
Counsel for a debtor filed a motion to reconsider an order disallowing fees pursuant to 11 U.S.C. § 330(a)(4)(A) for the time he spent defending Nevada as a proper venue.
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Court
:
- 11 U.S.C.
In re Dimas LLC
Dec
29
2006
Ruling
Compensation denied for services described in insufficient detail and services that did not benefit estate.
Procedural posture
The special counsel for a chapter 11 debtor filed an application, pursuant to 11 U.S.C. § 330, for a final allowance of compensation and expense reimbursement.
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Court
:
- 11 U.S.C.
In re Mason
Dec
14
2006
Ruling
Trustee who hired outside counsel for more complicated tasks entitled to fees for administrative activity only.
Procedural posture
A chapter 7 trustee filed his proposed final account and a request for compensation with the court, and at the court's request, he filed an affidavit in support of the fee request. There were no objections made by any interested party or by the U.S. Trustee.
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Court
:
- 11 U.S.C.
Younger v. Pennsylvania Res. Corp. (In re Younger)
Dec
14
2006
Ruling
Debtor's attorney's fees approved in reduced amount due to excessive research and unnecessary court hearings attributable to attorney's conduct.
Procedural posture
Chapter 13 debtors' attorney sought recovery of attorney's fees under 11 U.S.C. § 330(a)(4)(B). Trustee objected to the fee petition.
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Court
:
- 11 U.S.C.
Redmond v. Lentz & Clark P.A. (In re Wagers)
Nov
28
2006
Ruling
Bankruptcy court erred in allowing firm to collect postpetition fees from prepetition retainer
Procedural posture
Prior to filing their bankruptcy petition, appellee debtors hired appellee law firm and, as a retainer, the debtors paid the firm a cash amount and assigned their interests in tax refunds to the firm. Appellant bankruptcy trustee sought review of the judgment of the Bankruptcy Court for the District of Kansas which allowed the firm to recover its postpetition fees from the prepetition retainer under 11 U.S.C. § 330(a)(1).
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- 11 U.S.C.
Boleman Law Firm PC v. United States
Nov
28
2006
Ruling
Contemporaneous time records were not required for lodestar analysis of supplemental attorneys'fee applications.
Procedural posture
Appellant law firm appealed the bankruptcy court's order denying the firm's request for supplemental fees and costs.
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Court
:
- 11 U.S.C.
In re Mirant Corp.
Nov
17
2006
Ruling
Attorneys' fee applications for debtors, official committees and examiner granted with acknowledgment of outstanding success of complex proceedings.
Procedural posture
A reorganization plan in numerous consolidated bankruptcy cases provided for full payment of all creditors plus a substantial return to public shareholders of the bankruptcy debtors. Applicants, including the debtors, creditors' and equity owners' committees, an examiner, unofficial committees, and professionals, submitted final applications for professional fees pursuant to 11 U.S.C. §§ 328, 330 and 503(b).
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Court
:
- 11 U.S.C.
In re Eliapo
Nov
13
2006
Ruling
Bankruptcy court properly applied presumptive fee guidelines to attorney's application but improperly denied attorney a hearing.
Procedural posture
Appellant attorney sought judicial review of the decision of the Ninth Circuit Bankruptcy Appellate Panel that affirmed a bankruptcy court's order regarding the attorney's fee application submitted in the debtor's chapter 13 case.
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Dery v. Cumberland Casualty & Surety Co. (In re 5900 Assocs.)
Nov
07
2006
Ruling
Debtor was not insolvent at time of alleged fraudulent transfer since claim for attorneys'fees that were not approved by bankruptcy court was unenforceable.
Procedural posture
Plaintiff bankruptcy trustee appealed a decision of the District Court for the Eastern District of Michigan, which denied his request to set aside the debtor's transfer of property to defendant surety company as fraudulent pursuant to Mich. Comp. Laws § 566.35 because it found that a claim for attorney's fees in a previous bankruptcy was unenforceable as the attorney never sought approval for the fees under 11 U.S.C. § 330(a).
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