- 11 U.S.C.
In re Daniels
Mar
12
2010
Ruling
Attorney ordered to disgorge fees never or improperly disclosed, often for useless or unperformed services.
Procedural posture
The bankruptcy administrator filed a motion requesting that the attorney for debtors in five unrelated cases appear in court and show cause why he should not be required to disgorge all pre-petition and postpetition fees not previously applied for or disclosed to the court, and should not be sanctioned for failure to disclose the fees.
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Court
:
- 11 U.S.C.
In re Grubb
Dec
11
2009
Ruling
Supplemental fees for debtor's attorneys in routine chapter 13 case denied.
Procedural posture
A law firm that represented debtors who declared bankruptcy under chapter 13 of the Bankruptcy Code filed an application for allowance of compensation under 11 U.S.C.S. §§ 330(a) and 503(b)(2), Fed. R. Bankr. P. 2016, Bankr. E.D. Va. Standing Order 08-1, seeking payment of $ 2,569 in supplemental fees. The court held a hearing on the firm's application.
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Court
:
- 11 U.S.C.
In re Miell
Aug
20
2009
Ruling
Dismissal of debtor's motion to employ attorneys that represented him in criminal proceedings and for payment of fees from the estate affirmed.
Procedural posture
Appellant chapter 11 debtor filed a motion in the United States Bankruptcy Court for the Northern District of Iowa to approve employment of attorneys. The bankruptcy court denied the motion. The debtor appealed.
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Court
:
- 11 U.S.C.
In re Bosse
Jul
14
2009
Ruling
Fee application granted with reductions for clerical time and excessive time spent on preparing petition.
Procedural posture
Counsel for chapter 13 debtors filed a fee application, but the trustee objected to several entries itemizing time expended and tasks performed. The trustee also sought direction as to how approved fees would be paid under the terms of the confirmed plan and claims allowance order.
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Court
:
- 11 U.S.C.
In re Bruns
Jul
02
2009
Ruling
Debtor's former attorney ordered to disgorge excessive fees paid by debtor.
Procedural posture
An 82-year-old debtor filed a petition for relief under chapter 13 on October 24, 2008, and after his case was dismissed and subsequently reopened, his former attorney filed a request for allowance of legal fees. The debtor asked the court to order his former attorney to disgorge attorney fees the debtor paid him.
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Court
:
- 11 U.S.C.
In re Carter
Nov
07
2008
Ruling
Motion for payment of postdischarge attorneys' fees from debtors' estate denied.
Procedural posture
After the debtors' chapter 13 plan was confirmed, their attorney filed a motion to approve his request for additional attorney fees and costs. The debtors objected to the application.
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Court
:
- 11 U.S.C.
In re Bibey
Aug
27
2008
Ruling
Presumptive fee awarded to debtor's attorney rather than higher amount requested where case was routine.
Procedural posture
A debtor's attorney filed an application for compensation in a chapter 13 bankruptcy case.
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Court
:
- 11 U.S.C.
In re Custom Servs. Intl Inc.
Jan
26
2007
Ruling
Bankruptcy court refused to reconsider denial of attorney's fees incurred defending venue where the filing in that venue was made in bad faith.
Procedural posture
Counsel for a debtor filed a motion to reconsider an order disallowing fees pursuant to 11 U.S.C. § 330(a)(4)(A) for the time he spent defending Nevada as a proper venue.
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Court
:
- 11 U.S.C.
Younger v. Pennsylvania Res. Corp. (In re Younger)
Dec
14
2006
Ruling
Debtor's attorney's fees approved in reduced amount due to excessive research and unnecessary court hearings attributable to attorney's conduct.
Procedural posture
Chapter 13 debtors' attorney sought recovery of attorney's fees under 11 U.S.C. § 330(a)(4)(B). Trustee objected to the fee petition.
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Court
:
- 11 U.S.C.
In re Delgado
Nov
02
2006
Ruling
Attorneys' fee application denied in part as excessive for straightforward chapter 13 case.
Procedural posture
Counsel for the chapter 13 debtor filed an application for fees. The chapter 13 trustee objected, arguing that the fees were excessive because the results obtained were not commensurate with the time expended.
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Court
: