- 11 U.S.C.
In re Watts
Feb
08
2011
Ruling
Fees related to debtor's unsuccessful objection to a creditor's claim and opposition to confirmation of the plan proposed by the unsecured creditor's committee approved as ultimately benefitting the estate and other creditors.
Procedural posture
A creditor filed an objection to an application for professional compensation made by an attorney for a debtor in possession, contending that some of the services benefited only the debtor but not the estate.
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Court
:
- 11 U.S.C.
In re Henry S. Miller Commer. LLC
Nov
08
2010
Ruling
Attorneys' fees reduced as not warranted by non-complex case.
Procedural posture
Before the court was the First and Final Application for Final Allowance and Payment of Fees and Expenses as Counsel for the Chapter 11 Debtor. The fee application sought a total of $184,278 for the approximately six-month period the applicant served as bankruptcy counsel for the debtor-in-possession.
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Court
:
- 11 U.S.C.
In re Stover
Nov
05
2010
Ruling
Debtors' attorneys awarded fees in reduced amount due to concern over hours expended prior to conversion to chapter 7.
Procedural posture
A law firm that represented the chapter 7 debtors with respect to their chapter 11 case filed an application for compensation under 11 U.S.C.S. § 330(a)(1). A creditor objected.
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Court
:
- 11 U.S.C.
In re Tobis
Apr
01
2009
Ruling
Attorneys' one-third contingency fee for litigation of state court claims that were property of the estate approved.
Procedural posture
The court previously granted the bankruptcy trustee's application for court approval to employ applicant law firm to represent the trustee for the purpose of litigating certain state court claims that were property of the debtors' bankruptcy estate. The law firm applied for approval of payment of an attorney fee calculated as one-third of the $ 29,178.24 gross settlement proceeds from the trustee's compromise of the state court claims.
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Court
:
- 11 U.S.C.
In re Greystone on Payette LLC
Mar
11
2009
Ruling
Debtor's counsel not entitled to fees due to failure to seek court approval.
Procedural posture
Counsel filed bankruptcy petitions on behalf of a bankruptcy debtor and another entity and applied for employment of counsel to represent the debtor, stating that counsel did not represent any other party involved in the case. Counsel subsequently learned that the entity owed a loan debt to the debtor, the debtor obtained substitute representation, and counsel applied for compensation for services rendered to the debtor.
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Court
:
- 11 U.S.C.
In re Anctil Plumbing & Mech. Contrs. Inc.
Mar
10
2009
Ruling
Post-conversion retainer in chapter 7 case was unauthorized and could be recovered by trustee.
Procedural posture
Applicant, an attorney retained by the corporate and individual debtors, sought the allowance of interim compensation and reimbursement of expenses for his representation in the converted cases. The chapter 7 trustee objected to parts of the application, and also to a retainer that had been paid pre-conversion, but also post-filing as to the initial chapter 11 filings.
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Court
:
- 11 U.S.C.
In re Nicol
Nov
14
2008
Ruling
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
Procedural posture
Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
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Court
:
- 11 U.S.C.
In re American Home Mortg. Holdings Inc.
Oct
31
2008
Ruling
Postpetition fees of professional who performed foreclosure services for debtor mortgage originator were reimbursable.
Procedural posture
A professional retained by chapter 11 debtors under 11 U.S.C.S. § 327(a) sought reimbursement of certain expenses incurred by third-party vendors pursuant to 11 U.S.C.S. § 330(a)(1)(B).
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Court
:
- 11 U.S.C.
In re Carpenter
Jun
26
2008
Ruling
Premium due auctioneer not disclosed by trustee in application for employment appropriately charged against trustee's compensation.
Procedural posture
The chapter 7 trustee moved to modify, nunc pro tunc, the application to employ an auctioneer previously filed in the case, asserting that he had neglected, through inadvertence, to disclose to the court that an additional 10 percent buyer's premium was collected at the auctions and retained by the auctioneer as enhanced compensation pursuant to 11 U.S.C.S. § 330(a)(1).
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Court
:
- 11 U.S.C.
In re Iwasa
Nov
26
2007
Ruling
Former chapter 7 trustee's claim for maximum compensation reduced on reasonableness grounds.
Procedural posture
The present chapter 7 trustee and the former chapter 7 trustee sought compensation for their services rendered in the administration of the bankruptcy case, pursuant to 11 U.S.C. §§ 326(a) and 330(a)(1), and Fed. R. Bankr. P. 2016.
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Court
: