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§ 330(a)(1)

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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Commercial opinion summary, case decided on November 16, 2007 , LexisNexis #1207-072
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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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Commercial opinion summary, case decided on October 23, 2007 , LexisNexis #1107-038
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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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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on August 24, 2007 , LexisNexis #0907-126
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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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opinion summary, case decided on August 02, 2007 , LexisNexis #0807-108
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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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opinion summary, case decided on January 31, 2007 , LexisNexis #0307-037
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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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opinion summary, case decided on December 14, 2006 , LexisNexis #0207-054
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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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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on November 28, 2006 , LexisNexis #0507-089
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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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opinion summary, case decided on September 27, 2006 , LexisNexis #1206-012
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