Starky v. Birdsell (In re Starky)

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 8 years 3 months ago

Citation:

Case No. AZ-14-1106-DJuKi (9th Cir. BAP December 8, 2014)

Ruling:

In the published decision, the 9th Circuit BAP held that Stuart and Cheryl Starky (“Debtors”) failure to comply with their duties pursuant to 11 U.S.C. Sec. 521(a)(4) prevented the Trustee from...

Judge(s):

Hon. Dunn, Jury, and Kirscher

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Professional Practice Areas
• Bankruptcy Litigation
• Rule 7001
• Rule 4003
• Rule 7004
• § 521
• § 704
• § 105
• § 330

Law v. Siegel (In re Law)

• Summarized by Lovee Sarenas , Sklar Hirsh
• 8 years 8 months ago

Citation:

Not for Publication

Ruling:

The panel affirmed the bankruptcy court's allowance and authorization to pay pro rata the final fees and costs of the estate's professionals over the objection of the Debtor in various stages of...

Judge(s):

Honorable Judges Randall Dunn, Ralph Kirscher and Laura Taylor.

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Consumer Bankruptcy
• Bankruptcy Litigation
• Professional Compensation/Fees
• Rule 8005
• Rule 2016
• § 330

Gold v. Robbins (In re Rowe)

• Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
• 8 years 11 months ago

Citation:

NO. 13-1270, --- F.3d ----, 2014 WL 1663329 (4th Cir. Apr. 28, 2014).

Ruling:

Absent extraordinary circumstances, Chapter 7 trustees must be paid on a commission basis, as required by 11 U.S.C. § 330(a)(7).

Judge(s):

The Honorable Allyson K. Duncan, The Honorable Henry F. Floyd, Circuit Judges, and The Honorable Andre M.Davis, Senior Circuit Judge.

Tag(s):

• 4th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Professional Compensation/Fees
• § 326
• § 330

In re Discoll

• Summarized by Elie Herman ,
• 9 years 1 month ago

Citation:

BAP No. AZ-12-1499-PaKuD (January 23, 2014)

Ruling:

Vacated and remanded, to give Appellant opportunity to meaningfully and timely respond to the court's concerns as to the reasonableness of the requested fees.

Judge(s):

Pappas, Kurtz, and Dunn.

Tag(s):

• 9th Circuit
• Professional Compensation/Fees
• § 102
• § 330

Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.)

• Summarized by Lars Fuller , BakerHostetler
• 9 years 3 months ago

Citation:

Raj Kamal Corp., et al. v. Fukushima (In re Raj Kamal Corp.), BAP No. EC-12-1648 (B.A.P. 9th Cir. Dec. 17, 2013)

Ruling:

Ninth Circuit BAP affirmed bankruptcy court's (E.D. California) order denying compensation to attorney for services rendered to Chapter 11 debtor and requiring disgorgement of all funds received. ...

Judge(s):

Kirscher, Pappas, Jury

Tag(s):

• 9th Circuit
• Administrative Expense Claims
• Practice and Procedure
• Professional Compensation/Fees
• 2014
• 327
• § 330

Groth Brother Oldsmobile, Inc. v. Kendall (In re Groth Brothers Oldsmobile, Inc.)

• Summarized by Carrie Hardman , Winston & Strawn LLP
• 9 years 5 months ago

Citation:

Groth Brothers Oldsmobile, Inc. v. Kendall et al. (In re Groth Brothers Oldsmobile, Inc.), Case No. NC-12-1482-DJuPa (9th Cir. B.A.P. Oct. 3, 2013)

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the "Panel") affirmed the holding of the United States Bankruptcy Court for the Northern District of California (the...

Judge(s):

Dunn, Jury and Pappas, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Professional Compensation/Fees
• § 1103
• § 327
• § 330

In re Little

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 10 years 2 months ago

Citation:

In re Little, No. MW 12-029 (B.A.P. 1st Cir. Jan. 4, 2013).

Ruling:

Affirming the United States Bankruptcy Court for the District of Massachusetts (the "bankruptcy court"), the Bankruptcy Appellate Panel for the First Circuit (the "BAP") held that the bankruptcy...

Judge(s):

Haines, Deasy and Tester.

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Professional Compensation/Fees
• § 330

ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

• Summarized by John Jones , J. R. Jones Law PLLC
• 10 years 3 months ago

Citation:

Case No. 11-41010 (5th Cir. December 11, 2012)

Ruling:

REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...

Judge(s):

Wiener, Elrod and Southwick, Circuit Judges

Tag(s):

• 5th Circuit
• Administrative Expense Claims
• Business Reorganization
• Financial Advisors
• Investment Banking
• Practice and Procedure
• § 328
• § 330

Denison v. Marina Mile Shipyard, Inc. (In re New River Dry Dock, Inc.)

• Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
• 10 years 4 months ago

Citation:

Eleventh Circuit Court of Appeals Case number 12-10601 [not to be published]

Ruling:

The Circuit Court of Appeals affirmed two post-confirmation orders that were entered by the United States Bankruptcy Court for the Southern District of Florida. The orders arose from an...

Judge(s):

Circuit Court Judges Hull and Black, and District Court Judge Whittemore, sitting by designation.

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• § 1109
• § 330

Sikes v. Crager (In re Crager)

• Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
• 10 years 7 months ago

Citation:

No citation yet. Case No. 11-30982

Ruling:

District Court's determination that Chapter 13 plan was not filed in good faith was a final order within meaning of 28 U.S.C. §158(d) and Circuit Court has jurisdiction to hear appeal. There is...

Judge(s):

Higginbotham, Haynes, and Higginson.

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Plan Confirmation
• Professional Compensation/Fees
• § 330

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