§ 330(a)(3)

In re Vanns Inc.

A chapter 7 trustee filed an objection to final applications for fees and costs filed by two law firms pursuant to 11 U.S.C.S. § 330(a)(3).
Ruling: 
Law firms in case converted to chapter 7 from chapter 11 ordered to split remainder of professional fee carve out as reasonable final award.
ABI Membership is required to access the full summary of In re Vanns Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 21,2013, LexisNexis #0613-039

In re Lewis

Debtors filed a motion to reopen their chapter 7 bankruptcy case, and after the court granted the debtor's motion and reappointed a chapter 7 trustee, a law firm that represented the debtors filed a motion for an order directing the trustee to disburse $25,721 in legal fees and $328.90 in expenses to the firm. The motion was unopposed.
Ruling: 
Attorneys' fees in reopened case allowed in reduced amount as original request was disproportionate to services rendered.
ABI Membership is required to access the full summary of In re Lewis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 20,2012, LexisNexis #1212-039

In re Eck

A creditor filed an objection to a chapter 7 trustee's final report, claiming that the fees requested were unreasonable under 11 U.S.C.S. § 330(a)(3).
Ruling: 
Trustee's attorneys' fees incurred in recovering undisclosed assets for the estate approved.
ABI Membership is required to access the full summary of In re Eck. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2012, LexisNexis #1112-109

In re Currie

Secured creditor, the holder of a first mortgage on the principal residence of the chapter 11 debtor, filed a motion for relief from the automatic stay, seeking authority to foreclose on the debtor's residence pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2).
Ruling: 
Relief from stay granted where there was no prospect of a confirmable plan.
ABI Membership is required to access the full summary of In re Currie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0412-041

In re Outdoor RV & Marine LLC

In a chapter 11 case that was converted to a chapter 7, the attorney who represented the debtor filed an application for final compensation. A creditor objected, claiming that the attorney had failed to establish that compensation was warranted under 11 U.S.C.S. § 330(a)(3)(C) and (F) and that his fees should at best be a chapter 11 administrative expense under 11 U.S.C.S. § 726(b).
Ruling: 
Attorneys' fees for services that were reasonable when rendered approved over creditor's objection.
ABI Membership is required to access the full summary of In re Outdoor RV & Marine LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 10,2011, LexisNexis #0611-004

In re Texas Rangers Baseball Partners

Debtor baseball club filed a petition under Chapter 11 of the Bankruptcy Code, and the bankruptcy court approved the sale of the club to an LLC. A partnership that served as a financial advisor to the debtor filed an application for allowance of compensation and reimbursement of expenses. The United States Trustee, an agent for second lien lenders, and the bankruptcy plan administrator filed objections.
Ruling: 
Financial advisor to debtor baseball club on successful sale allowed transaction fee but in reduced amount.
ABI Membership is required to access the full summary of In re Texas Rangers Baseball Partners. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 06,2011, LexisNexis #0511-108

In re Market Ctr. E. Retail Prop.

Debtor corporation filed a petition under Chapter 11 of the Bankruptcy Code, and an attorney and the attorney's law firm filed an application seeking compensation in the amount of $1,473,236 for serving as special counsel for the debtor in a dispute over the sale of real property. The debtor opposed the application.
Ruling: 
Debtor's president's attorney awarded 15 percent of increased amount of sale proceeds attributable to attorney's efforts as fee.
ABI Membership is required to access the full summary of In re Market Ctr. E. Retail Prop.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 30,2011, LexisNexis #0411-106

In re Value City Holdings Inc.

The United States Trustee (UST) objected to final fee applications submitted by a law firm as counsel for a chapter 11 debtor, by the counsel for the Official Committee of Unsecured Creditors, and by other applicants (together, the professionals). The UST recommended either a 10 percent reduction in fees or a 10 percent holdback on payment pending distributions to unsecured creditors as contemplated in the debtor's plan.
Ruling: 
Debtor's attorneys' compensation could not be tied to amount of recovery.
ABI Membership is required to access the full summary of In re Value City Holdings Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 22,2010, LexisNexis #1010-075

In re Dixon Corp.

Debtor corporation declared bankruptcy and filed a motion pursuant to Fed. R. Bankr. P. 2014, seeking permission to hire a law firm to represent its interests. The law firm filed an application seeking approval of a range of rates for its attorneys and paralegals, including a rate of $ 275 per hour for the services of the senior member of the firm.
Ruling: 
Senior attorney's billing rate denied as not warranted and reduced, without prejudice, to 70 percent of the rate on an interim basis.
ABI Membership is required to access the full summary of In re Dixon Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 15,2010, LexisNexis #0710-040

Hayim v. Goetz (In re SOL LLC)

Plaintiff, the plaintiff in a state court action seeking the return of escrowed funds for violation of disclosure duties under Fla. Stat. § 475.278, moved to strike the trustee's notice of removal, or for abstention, pursuant to 28 U.S.C.S. § 1334(c)(1) and (2), or remand. The trustee sought to remove the plaintiff's action to the bankruptcy court, asserting the debtor had a possible claim to a commission from the funds.
Ruling: 
Estate's claim for possible real estate commission from escrowed funds held by third party remanded as an issue more properly litigated in state court.
ABI Membership is required to access the full summary of Hayim v. Goetz (In re SOL LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 26,2009, LexisNexis #1209-064

Pages

Subscribe to § 330(a)(3)