- 11 U.S.C.
In re Cyrus II Pship
Sep
01
2009
Ruling
Fee application by trustee's counsel allowed except for portion of fees relating to unnecessary services.
Procedural posture
Special litigation counsel applied for compensation for services performed on behalf of a bankruptcy trustee, and the largest creditor of the bankruptcy debtor objected to fees allocable to a motion to annul the creditor's judgment against the debtors and to fees allocable to an unsuccessful motion to compromise.
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Court
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- 11 U.S.C.
In re Wilson
Jun
25
2009
Ruling
Debtor's attorneys' fees incurred in contested confirmation hearing on plan which was not confirmed disallowed.
Procedural posture
In chapter 12 cases, debtors' attorney filed an application for professional fees and costs, requesting an award of attorney's fees in the total amount of $ 82,145 and reimbursement for costs in the sum of $ 2,737.61. No objections were filed.
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Court
:
- 11 U.S.C.
Houlihan Lokey Howard & Zukin Capital v. High River Ltd. Pship (In re XO Communs.)
Oct
15
2008
Ruling
Drastically reduced award of fees to financial company that provided debtor with restructuring services remanded due to ambiguities in bankruptcy court opinion.
Procedural posture
Appellant financial company sought review of an order from the United States District Court for the Southern District of New York, which upheld a bankruptcy court's award of $ 4 million to the company for financial restructuring services to appellee debtor.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Harwell v. Martinez (In re Harwell)
Mar
19
2008
Ruling
Award of commission to real estate broker remanded due to bankruptcy court's failure to consider lack of evidence of time spent on matter.
Procedural posture
Appellant debtor challenged a decision of the United States Bankruptcy Court for the District of Colorado that granted appellee chapter 7 Trustee's motion for approval of sales commission that awarded a three percent real estate commission to appellee real estate broker. The debtor contended that the court awarded the fee without considering all of the factors set forth in 11 U.S.C.S. § 330(a)(3).
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Court
:
- 11 U.S.C.
In re Van Nice
Oct
22
2007
Ruling
Attorneys' fee reduced due to unnecessary preparation and filing of alternative plan and collection of settlement from creditor.
Procedural posture
The debtors filed for relief under chapter 13. Counsel for the debtors filed an amended application for professional fees and costs. The trustee objected to the application. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Ameritex Yarn LLC
Oct
05
2007
Ruling
Counsel fees awarded in reduced amount where case was not extraordinary and attorneys had not filed administrative expense claim for pre-apppointment services.
Procedural posture
A chapter 7 petition was entered against a debtor. The debtor consented to entry of an order of relief, and converted the case to a chapter 11 proceeding. Counsel for the committee of unsecured creditors (the Committee) filed an application for interim compensation and reimbursement for a six week period. Counsel also sought establishment of procedure for the submission of subsequent applications.
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Court
:
- 11 U.S.C.
In re Boyce
Oct
26
2006
Ruling
Trustee's attorneys'fee application properly approved by bankruptcy court as verification of debtor's inconsistent financial disclosures benefitted the estate.
Procedural posture
Appellant chapter 7 debtor filed an appeal challenging interim orders entered by the bankruptcy court, which denied her request to voluntarily dismiss her bankruptcy case and denied her recusal motion. The debtor also challenged a final order entered by the bankruptcy court awarding fees to a law firm that the chapter 7 trustee had retained.
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Court
:
- 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
:
- 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
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