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§ 502(b)(4)

Pomrenke Mining, LLC, In re

Aug
05
2020
Ruling
Objector did not meet its burden of proving that interest rate charged by debtor’s attorney onunpaid bills was unconscionable, but the attorney did not establish that the rate wasreasonable. (Bankr. D. Alaska)
Issue(s)
Allowance of Claims or Interests; Disallowance; Claim in Excess of Reasonable Value

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Commercial opinion summary, case decided on August 05, 2020 , LexisNexis #0920-056
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Regino, In re

May
18
2018
Ruling
Court disallowed the law group's claim in its entirety as it was unreasonable under bothfederal standards and the New York Rules of Professional Conduct. (Bankr. E.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Claim in Excess of Reasonable Value of Service.

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Consumer opinion summary, case decided on May 18, 2018 , LexisNexis #0618-070
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CWS Enters., In re--McProud v. Siller

Sep
14
2017
Ruling
Court deemed a lodestar fee would be unreasonable as the attorney should have known betterthan to charge his usual fee to a client with history of inability to pay such fees and suing hislawyers for malpractice. (9th Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Claim in Excess of Reasonable Value of Service.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 14, 2017 , LexisNexis #1017-071
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In re Nicole Gas Prod.

Sep
27
2013
Ruling
Debtor's sole shareholder not entitled to claim for past due salary absent evidence of reasonable value of services, subject to opportunity for hearing.
Issue(s)
Should debtor's sole shareholder's claim for past due salary be disallowed.

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Commercial opinion summary, case decided on September 27, 2013 , LexisNexis #0114-116
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OToole v. Moscone Emblidge & Quadra LLP (In re Successor Borrower Servs.)

Mar
19
2013
Ruling
Law firm's secured claim limited to value of services and disbursements.
Procedural posture

The chapter 11 trustee commenced an adversary proceeding against a law firm, to avoid a lien the debtor had given to secure payment of pre-petition legal fees that would arise in the defense of ongoing state court litigation. The trustee argued that the transfer was constructively fraudulent under N.Y. Debt. & Cred. Law § 273-a., and sought to avoid the lien under N.Y. Debt. & Cred. Law § 276.

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Commercial opinion summary, case decided on March 19, 2013 , LexisNexis #0613-044
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In re DBI Hous. LLC

Jun
29
2012
Ruling
Claim for attorneys' fees disallowed as disproportionate to likely recovery.
Procedural posture

This matter came on for hearing on debtor's Motion for Order Disallowing Claim. The claimant was a law firm debtor retained prepetition to handle a check cashing related dispute between debtor and a another company and its principal. The claimant had filed a Proof of Claim (POC) in the amount of $30,001 for unpaid attorney's fees.

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Commercial opinion summary, case decided on June 29, 2012 , LexisNexis #0912-115
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Margulies Law Firm APLC v. Placide (In re Placide)

Oct
05
2011
Ruling
Bankruptcy court properly exercised discretion in determining reasonableness of claim for debtors' attorneys' fees.
Procedural posture

Appellant creditor law firm sought review of an order of the United States Bankruptcy Court for the Central District of California, that sustained appellee debtors' objection to the law firm's claim for $80,869.33 in fees incurred in another case, and that disallowed the claim pursuant to 11 U.S.C.S. § 502(b)(4).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 05, 2011 , LexisNexis #1111-114
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In re Siller

Apr
09
2010
Ruling
State court award of fees was not preclusive on debtor's objection as reasonableness had not been considered.
Procedural posture

Movants, attorneys who had represented the individual and corporate debtors in corporate litigation and who had obtained a state court judgment for attorney's fees based on arbitration, moved for summary judgment, asserting the arbitration award was either claim or issue preclusive on the debtors' objection to the reasonableness of the fees, raised under 11 U.S.C.S. § 502(b)(4), in light of the Full Faith and Credit Statute, 28 U.S.C.S. § 1738.

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Consumer opinion summary, case decided on April 09, 2010 , LexisNexis #0610-084
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