In determining the amount of fees to award a professional under § 330 of the Bankruptcy Code, courts are not limited to the “lodestar” approach (time spent multiplied by hourly rate). Rather...
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...
William McIntyre v. BNC Mortgage, LLC (In re McIntyre), Ch. 7 Case No. 10-56185, D.C. No. 2:09-cv-02327-ABC (9th Cir. Mar. 5, 2012).
Ruling:
A lienholder with a recorded equitable lien has priority over an unrecorded lien for attorney's fees if the lienholder qualifies as a bona fide purchaser for value.
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
14 years 1 month ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
No. 10-55227 / D.C. No. 8:09-cv-00952-TJH (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
The Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s approval of the trustee’s sale of real property free and clear of all liens and interests...
Judge(s):
LEAVY, WARDLAW, Circuit Judges, and MAHAN, District Judge
