In a Chapter 13 proceeding, the trustee asked that attorney's fees be reduced. The debtor applied for additional fees. Reviewing the facts in In re Walter & Geneva Johnson, U.S. Bankruptcy Court, Western District of New York Judge Carl L. Bucki determined $1,600 in attorney's fees was reasonable. However, the debtor's application for $150 in additional fees was denied.
... cases, this court will not require the attorneys for a debtor to submit time records relative to th...
A home lender could recover attorney fees incurred in connection with a borrower's Chapter 13 bankruptcy case, the 5th Circuit has ruled in reversing judgment. Countrywide loaned the debtor $126,000 for the purchase of a home in Texas. The loan was secured by a deed of trust on the property. Subsequently, the debtor defaulted on his loan obligations and filed for bankruptcy.
...paying reasonable attorneys' fees to protect its interest in the property and/...
Monies owed from a division of fees in a personal injury lawsuit are not dischargeable in an attorney's bankruptcy case, a U.S. District Court in Ohio has ruled in affirming a bankruptcy order. The defendant replaced the plaintiff representing a client seeking damages for nursing home negligence. The defendant obtained a $150,000 settlement in the negligence suit a short time later and the plaintiff claimed the majority of the attorney fees from the case.
The trial court did not abuse its discretion in ordering wife to pay husband's attorney fees, even though husband declared bankruptcy and did not discharge the fees, where wife's conduct was at the center of the parties' inability to resolve the issues short of litigation.
... TO FAIL TO AWARD [KENNETH] ALL OF HIS ATTORNEYS' FEES. . ASSIGNMENT OF ERROR NO. 2 IT WAS REVERSIB...
... (PG&E) filed for Chapter 11 bankruptcy, petitioner (Travelers), which had previously issu... a general unsecured claim for attorney's fees, which were authorized in the parties' original in... not entitled to collect a reasonable attorneys' fee from the loser," Alyeska Pipeline Service Co....
Spousal support and attorney fees awarded in a divorce case are debts that cannot be discharged in the husband's bankruptcy case, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment. The debtor was divorced three months before he filed for bankruptcy. Under the divorce decree, the debtor was obligated to pay $1,250 per month in spousal support and $9,200 for his wife's attorney fees.
...sought the recovery of attorney’s fees incurred in connection with the bankruptcy as well...; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/o...
Court held defendant in contempt for failing to pay plaintiff's attorney's fees and van repair costs, debts that defendant claims were discharged in bankruptcy. Because court's decision does not indicate basis for its contempt finding, remand for clarification. No evidence to support court's finding that defendant was in arrears on his spousal support obligation. Court failed to offer explanation for its decision to modify spousal support, and we will not search record for evidence to support finding that court failed to make. Because no clear evidence of change of circumstances and court failed to make a finding that change of circumstances occurred, we reverse court's judgment.
...The Bankruptcy Abuse Prevention and Consumer Protection Act of 20...debt relief agency” does not include attorneys and that §§526 and 528 are unconstitutional as a... reexamination of a debtor’s attorney’s fees payment “in contemplation of the filing of a pet...
A bankruptcy court could establish local guidelines with standardized fees that limit an attorney's compensation in a Chapter 13 case - such guidelines do not violate the Bankruptcy Code, the 9th Circuit has ruled. Under rules established by the Bankruptcy Court for the Northern District of California, a Chapter 13 debtor's attorney may obtain a fee award by (1) submitting a fee application under "no-look" guidelines that establish presumptive fees for a "basic case," (2) submitting a detailed fee application based on the hours actually spent on the case, or (3) first submitting a no-look application and later submitting a detailed application seeking additional fees based on the hours actually spent.
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