A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 10 months ago
Citation:
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling:
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...
Judge(s):
Schermer, Saladino and Shodden (Bankruptcy Judges)
In re John Wilson, Case No. 15-1150 (7th Cir., Aug. 10, 2015)
Ruling:
Affirmed the judgment of the U.S. District Court for the Eastern District of Wisconsin; the 7th
Circuit upheld the fee awarded to the chapter 7 trustee after it was challenged by a creditor.
In re Watson, BAP No. CC-14-1351-DTaKu (9th Cir. B.A.P. June 25, 2015).
Ruling:
The bankruptcy court properly exercised its discretion to approve retroactively a chapter 7 trustee’s employment of a law firm. Not-for-publication memorandum.
Judge(s):
Randall L. Dunn, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
9th Cir. BAP Case No. EC-14-1219-JuKuPa (May 19, 2015)
Ruling:
Bankruptcy Court findings of fact were insufficient to support a disputed fee award where Debtor claimed that Counsel had agreed to flat fee of $40,000 for chapter 11 filing. Order awarding fees...
Barron & Newburger, P.C. v. Texas Skyline, Ltd. (In re Woerner), --- F.3d ---, Case No. 13-50075 (5th Cir. Apr. 9, 2015)
Ruling:
In this “Anti-Snax” decision by the en banc Court of Appeals, the Fifth Circuit OVERTURNED its retrospective attorney’s-fee rule from In re Pro-Snax Distributors, Inc., 157 F.3d 414 (5th Cir....
Judge(s):
Edward C. Prado writing for the en banc court; Grady Jolly specially concurring
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that a motion for relief from judgment under Rule 9024 is a contested matter; therefore, the bankruptcy court must...
Nos. SC-13-1304-JuKiKu and SC-13-1464-JuKiKu (related) (9th Cir. BAP March 3, 2015) Unpublished
Ruling:
In the unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel held that APJL Consulting, LLC ("APJL") was not disinterested and failed to meet its duty of full disclosure, APJL could...
