- 11 U.S.C.
In re Binns
Apr
28
2006
Ruling
Court awarded supplemental fees to debtor's counsel but reduced full requested amount since it was excessive under section 330(a)(3).
Procedural posture
Counsel for a chapter 13 debtor applied for supplemental legal fees beyond the previously contracted fees and costs.
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Court
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In re Vernon-Williams
Apr
27
2006
Ruling
Supplemental fee requests were denied since the use of unauthenticated "minimums" for time keeping purposes was not reasonable.
Procedural posture
Before the court following a hearing on March 7, 2006, was the first omnibus objection of the trustee to certain supplemental fee applications of a law firm representing debtors, i.e., supplemental fee applications regarding a lead case and the first ten cases listed in Exhibit A to the first omnibus objection.
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Court
:
- 11 U.S.C.
In re Del Monico
Apr
19
2006
Ruling
The disallowance of fees as an administrative claim under section 330 for services rendered after a chapter 11 trustee was appointed precluded debtor's counsel from having any further claim for those services.
Procedural posture
With leave of the bankruptcy court, bankruptcy debtors retained counsel to represent them in their chapter 11 case, and counsel's subsequent application for compensation was denied in part for services rendered after a chapter 11 trustee was appointed. Counsel filed an unsecured proof of claim for its denied fees, and the trustee objected to the claim.
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Court
:
- 11 U.S.C.
In re Crum
Apr
17
2006
Ruling
Court reduced fee application after applying "lodestar" method to determine reasonable compensation of trustee.
Procedural posture
The chapter 7 matter was before the court on the Application for Allowance of Compensation and Reimbursement for Expenses (the "Final Application") filed by the trustee on behalf of her attorney. No objections to the Final Application were filed.
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Court
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In re Jones
Mar
31
2006
Ruling
Attorney was compensated only for those hours reasonably expended to file the case and obtain the stay since the attorney should have advised debtor that filing a chapter 13 plan was not feasible.
Procedural posture
The debtor's attorney filed a fee application requesting approval of fees of $1,917.85 plus costs of $74.33. The bankruptcy court had awarded $500.00 in fees and $74.33 in costs. On appeal, the district court remanded the fee application for determination consistent with the Sixth Circuit's decision in Boddy.
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Court
:
- 11 U.S.C.
In re Bus. Intelligent Sys. LLC
Mar
29
2006
Ruling
Court approved an application for payment of legal fees by the estate's counsel since the fees were actual and necessary.
Procedural posture
Before the court was a Final Application for Approval of Compensation for Services Rendered by debtor's counsel (the firm) during the period July 1, 2003 through June 15, 2005, and the objection of debtor and three individuals thereto.
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Court
:
- 11 U.S.C.
In re Gordon
Feb
27
2006
Ruling
Court reduced the fees charged by the debtor's attorney in the attorney's application for supplemental compensation and ordered further hearing as to whether the debtor authorized work on and the filing of a second amended plan.
Procedural posture
The debtor's attorney filed an application for allowance and payment of supplemental compensation.
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Court
:
- 11 U.S.C.
In re Precision Tool Die & Mach. Co.
Feb
22
2006
Ruling
Court granted as reasonable and necessary most of the fee application but reduced as excessive billings for preparing the billing statements.
Procedural posture
Counsel for the official committee of unsecured creditors filed an application for allowance and payment of attorneys' fees and expenses. The debtor objected to the application, asserting that the fees charged were excessive, unreasonable, and disproportionate to the issues involved.
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Court
:
In re Grossman
Feb
15
2006
Ruling
Application for additional attorneys'fees was approved but at a reduced amount since the retainer agreement did not account for an increase in hourly billing rates.
Procedural posture
Debtors' counsel filed an application for approval and payment of supplemental compensation. The debtors objected to the additional fees.
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Court
:
- 11 U.S.C.
In re Carmona
Feb
07
2006
Ruling
A trustee and the trustee's counsel were denied fees and costs following the dismissal of a case since they did not exercise reasonable billing judgment in that the fees and costs likely benefitted them and not the estate.
Procedural posture
After the debtor filed a petition for chapter 7 bankruptcy, the trustee filed an application to employ counsel under 11 U.S.C. § 327. The court granted the trustee's motion. Subsequently, the debtor filed a motion to dismiss her case. The court granted the debtor's motion to dismiss and denied payment of fees and costs to the trustee and her counsel. The trustee filed a motion for reconsideration.
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Court
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