In re Discoll

Citation:
BAP No. AZ-12-1499-PaKuD (January 23, 2014)
Tag(s):
Ruling:
Vacated and remanded, to give Appellant opportunity to meaningfully and timely respond to the court's concerns as to the reasonableness of the requested fees.
Procedural context:
Appeal by debtor's counsel from the bankruptcy court's order granting counsel's fee request in a reduced amount.
Facts:
The bankruptcy court granted debtor's counsel ("Appellant") a "no-look" fee of $5,000, without prejudice to an additional fee award. Following a modification of the plan, counsel filed a fee application, which listed additional fees in the sum of $11,467, but also proposed to reduce that amount to $5,000 (explaining that this was because debtor possessed insufficient funds to cover the full amount). No party objected, and the court instructed Appellant to schedule a hearing. At the hearing, the court inquired as to total amount of the fee. The court did not indicate any concern with the reasonableness with the total fees
Judge(s):
Pappas, Kurtz, and Dunn.

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