Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 6 months ago
Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
U.S. Bankruptcy Court, N.D. Texas, Ft. Worth Division ruling granting $1million fee enhancement was affirmed on the basis that the U.S. Supreme Court's decision in Perdue v. Kenny A, 130 S.Ct. 1662...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 7 months ago
Citation:
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava), No. ID-11-1389-MkHJu, --- B.R. --- (B.A.P. 9th Cir. July 25, 2012)
Ruling:
Reversing the Bankruptcy Court, the Ninth Circuit BAP held that under 11 U.S.C. § 330(a)(7), absent extraordinary circumstances, bankruptcy courts should approve chapter 7, 12 and 13 trustee fees...
No. 10-60028; 2012 WL1008654 (9th Cir. Mar. 27, 2012) (Not For Publication).
Ruling:
The Court of Appeal for the Ninth Circuit affirmed the decision of the Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit and upheld a ruling by the United States Bankruptcy Court for the...
Judge(s):
The Honorable Harry Pregerson, the Honorable Roland M. Gould, and the Honorable Richard C. Tallman, Circuit Judges.
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
13 years 11 months ago
Citation:
(No. 11-1831) (March 22, 2012)
Ruling:
In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...
Judge(s):
Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
13 years 11 months ago
Citation:
(Docket No. 11-1830; March 21, 2012)
Ruling:
In affirming the lodestar approach for awarding joint debtors' counsel's fees in a chapter 13 case under Section 330, the First Circuit held that (1) the bankruptcy court, after finding that...
