In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Summarized by Leslie Hyman , Pulman, Cappuccio, Pullen & Benson
14 years 2 months ago
Citation:
No. 11-30462 (5th Cir. March 2, 2012)
Ruling:
The Fifth Circuit affirmed the lower courts' ruling that a law firm that failed to disclose prior transactional assistance to a debtor and was paid a retainer for bankruptcy representation through...
Judge(s):
The Honorable Fortunato Benavides, Carl Stewart, and James Graves, Jr.
No. 10-60028; 2012 WL1008654 (9th Cir. Mar. 27, 2012) (Not For Publication).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.
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...
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)
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
14 years 5 months 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
