- 11 U.S.C.
In re Delgado
Nov
02
2006
Ruling
Attorneys' fee application denied in part as excessive for straightforward chapter 13 case.
Procedural posture
Counsel for the chapter 13 debtor filed an application for fees. The chapter 13 trustee objected, arguing that the fees were excessive because the results obtained were not commensurate with the time expended.
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Court
:
- 11 U.S.C.
In re Waczewski
Oct
27
2006
Ruling
Chapter 7 trustee's fees approved over debtor's objection including fees for preparing fee application and fees earned post-conversion.
Procedural posture
The chapter 7 trustee filed applications seeking approval of attorneys'fees and costs.
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Court
:
- 11 U.S.C.
In re Boyce
Oct
26
2006
Ruling
Trustee's attorneys'fee application properly approved by bankruptcy court as verification of debtor's inconsistent financial disclosures benefitted the estate.
Procedural posture
Appellant chapter 7 debtor filed an appeal challenging interim orders entered by the bankruptcy court, which denied her request to voluntarily dismiss her bankruptcy case and denied her recusal motion. The debtor also challenged a final order entered by the bankruptcy court awarding fees to a law firm that the chapter 7 trustee had retained.
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Court
:
In re Gadzooks Inc.
Oct
05
2006
Ruling
Professional fees could be allowed if reasonable when rendered and could not be judged in hindsight.
Procedural posture
The chapter 11 matter was before the court on the final application of counsel to the Official Committee of Equity Security Holders for allowance of compensation. The Liquidating Trustee objected.
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Court
:
In re Chapter 13 Applications
Oct
03
2006
Ruling
Court increased minimum fee and established fixed fee amont for chapter 13 debtors'attorneys.
Procedural posture
Chapter 13 trustee filed a motion seeking to increase the maximum amount of fixed fees that could be awarded to chapter 13 debtors'attorneys. The bankruptcy judge convened an en banc hearing, which considered evidence and arguments from nine attorney who regularly appeared in chapter 13 cases.
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Court
:
- 11 U.S.C.
In re Burney
Sep
27
2006
Ruling
Cost of storing files in space leased by trustee was overhead in ordinary course of administration and not reimbursable.
Procedural posture
In several separate cases, a bankruptcy trustee's final accounts included a claim for reimbursement of expenses related to the storage and eventual disposition of the files in the debtors'cases. The U.S. Trustee objected to the final accounts to the extent of such claims.
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Court
:
- 11 U.S.C.
Miller Buckfire & Co. LLC v. Citation Corp.
Sep
11
2006
Ruling
Bankruptcy court erred in using lodestar approach to set fees for financial advisor where flat fee contract existed.
Procedural posture
Appellant financial services company appealed a decision of the bankruptcy court that reduced the company's fees for financial advice and investment banking services and denied their request for attorney fees related to appellee debtor's bankruptcy. The debtor filed a cross-appeal the amount awarded to the company.
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Court
:
- 11 U.S.C.
In re Fibermark Inc.
Sep
06
2006
Ruling
Debtors' attorneys' fees allowed except for fees for administrative tasks and other insufficiently supported expenses.
Procedural posture
The court pursuant to 11 U.S.C. § 330 considered the final applications for fees and expenses of lead bankruptcy counsel for chapter 11 debtors, local counsel for debtors, special counsel for debtors, auditors for debtors, and restructuring accountant for debtors.
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Court
:
In re Jordan
Sep
01
2006
Ruling
Attorneys' fees substantially reduced due to errors and unnecessary, non-beneficial work performed.
Procedural posture
Counsel to debtors in possession in this chapter 11 case sought court approval of his application for fees in the amount of $22,264.20 and reimbursement of expenses of $17.18.
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Court
:
- 11 U.S.C.
In re Diaz
Aug
28
2006
Ruling
Application for debtor's attorneys'fees denied in full due to filing of false schedules without adequately consulting clients or investigating veracity.
Procedural posture
Before the court was the "1st Chapter 13 Fee Application" filed by debtors'attorney.
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Court
: