Home » Bankruptcy Process and Procedure » Professional Compensation/Fees

Dymarkowski v. Savage (In re Hadley)

Citation:
16-8010 (6th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Concluding that the debtor's attorney had not previously perfected a lien on two vehicles pledged by the debtor prior to bankruptcy as collateral for the repayment of unpaid legal fees, the...

Judge(s):
Delk, Preston, and Wise
Tag(s):

Village Park Community Association v. Faitalia (In re Faitalia)

Citation:
HI-16-1170-JuTaKu (9th Circuit, Dec 06,2016) Published
Case Status:
Reversed
Ruling:

After Chapter 13 Debtors successfully stripped homeowner association lien for purposes of plan confirmation, bankruptcy court erred in awarding attorneys fees and costs to Chapter 13 Debtor as...

Judge(s):
JURY, TAYLOR, and KURTZ, Bankruptcy Judges.
Tag(s):

White v. MAS Financial (In re White)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 2 months ago
Citation:
CC-16-1067-TaKuKi (9th Circuit, Dec 02,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...

Judge(s):
Taylor, Kurtz, Kirscher
Tag(s):

Ulrich v. Walker (In re Boates)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 7 months ago
Citation:
In re Boates, No. AZ-15-1279-KuJaJu (9th Cir. B.A.P. July 8, 2016). Published.
Ruling:
A chapter 7 debtor’s rights arising from a prepetition payment to a lawyer are estate property, even if the engagement agreement isn't executory.
Judge(s):
Christopher D. Jaime, Bankruptcy Judge for the Eastern District of California, sitting by designation, and Meredith A. Jury and Frank L. Kurtz, Bankruptcy Appellate Panel Judges.
Tag(s):

Arlington Capital, LLC v. Bainton McCarthy LLC, et al. (In re GT Automation Group, Inc.)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 7 months ago
Citation:
In re GT Automation Group, Inc., No. 1:14-CV-98 (7th Cir. July 8, 2016) (unpublished).
Ruling:
In the bankruptcy context, an appellant lacks standing if it is unable to realize any economic benefit from a potential reversal.
Judge(s):
Posner, Williams, and Pallmeyer (District Judge of the Northern District of Illinois, sitting by designation.)
Tag(s):

Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Halloum)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
BAP No. EC-15-1291-DTaJu (BAP 9th Cir. Jun. 28, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) finding no abuse of discretion in approving a final fee application for debtor's former counsel through a...
Judge(s):
Dunn, Taylor, Jury
Tag(s):

Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

  • Summarized by ,
  • 9 years 9 months ago
Citation:
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling:
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for...
Judge(s):
Prado, Owen, and Haynes, Circuit Judges
Tag(s):

Arnold, et al. v. Arnold (In re Arnold)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 11 months ago
Citation:
Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
Ruling:
In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc.,...
Judge(s):
Karlin, Cornish, Michael (Cornish)
Tag(s):

Arnold, et al. v. Arnold (In re Arnold)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 11 months ago
Citation:
Arnold, et al. v. Arnold (In re Arnold), Case No. CO-15-031 (10th Cir. B.A.P. March 15, 2016) (unpublished)
Ruling:
The bankruptcy court was not bound to apply Johnson v. Georgia Highway Express factors in awarding attorneys' fees based upon Colorado civil theft statute, not section 330. The facts and record...
Judge(s):
Karlin, Cornish, Michael
Tag(s):

Kingdom Fresh Produce, Inc., et al. v. Stokes Law Office, L.L.P. (In the Matter of Delta Produce, L.P.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 9 years 11 months ago
Citation:
No. 14-51079 Fifth Circuit Court of Appeals
Ruling:
Attorney could not be paid his fees and expenses allocable to an objecting PACA claimant as 7 U.S.C. § 499e(c)(2) requires that buyers of perishable agricultural commodities must hold receivables...
Judge(s):
Before REAVLEY, PRADO, and COSTA, Circuit Judges.
Tag(s):

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