Case Has Nice Discussion On Nondischargeable/Dischargeable Fee Awards in Bankruptcy. We have to give credit to Judge Yegan and his colleagues on the Second District, Division 6. They helped clarify an issue we have seen before as far as what type of family attorney’s fees awards in family law proceedings are nondischargeable or […]
Debtor Can Obtain Fee Recovery For Successfully Prosecuting Suit For Damages For Automatic Stay Violation. In earlier posts of April 17, 2014, August 29, 2015, and December 22, 2014, we posted on In re Schwartz-Tallard, where the Ninth Circuit determined that 11 U.S.C. § 362(k) authorized attorney’s fees recovery from debtor’s prosecution of
“Hanging Paragraph” Claim Was “On The Contract” Under A Fees Clause. In In re Penrod, No. 13-16097 (9th Cir. Oct. 1, 2015) (unpublished), debtor was successful against a car lender in a “hanging paragraph” dispute under 11 U.S.C. § 1325(a)(*) [no typo here – because this subsection was not numbered after (a)(9) by
Award of Arbitration Costs Was Affirmative Relief Violating Automatic Stay, With Striking Of Costs Award But Affirmance Of Merits Award Being The End Results. In Hilton v. Allcare Medical Mgt., Inc., Case No. B253984 (2d Dist., Div. 1 Sept. 25, 2015) (unpublished), former employee lost an arbitration to former employer, but then declared
$55 Cash Payment Under Claims Procedure Was Consideration, With Class Counsel Obtaining $6.5 Million In Fees And Expenses. In Tait v. BSH Home Appliances Corp., Case No. 8:10-cv-00711 (C.D. Cal. July 27, 2015), U.S. District Judge David O. Carter approved a $6.5 million payment of fees/expenses to class counsel in a case involving
SCOTUS Decides American Rule Is In Play, With Congress Not Overriding In 11 U.S.C. § 330(a)(1). The United States Supreme Court, in Baker Botts L.L.P. v. Asarco LLC, No. 14-103 (June 15, 2015) (published), rejected Baker Botts’ application to obtain another $5 million in fees for successfully supporting its prior professional fee work
End Result Was Denial of Most Fee Recovery To Judgment Creditor, Although Routine Costs Were Allowed To The Creditor. In the companion cases of Devereaux v. Clontz, Case Nos. H037998 and H039324 (6th Dist. Apr. 30, 2015) (unpublished), judgment creditor sought attorney’s fees and costs in connection with post-judgment collection efforts against judgment
Court of Appeals Overturns Its Prior Adoption Of Hindsight, “Material Benefit” Standard In Pro-Snax. In Barron & Newburger, P.C. v. Texas Skyline, Limited, No. 13-50075 (5th Cir. April 9, 2015) (published), a bankruptcy judge allowed only about $20,000 of a $130,000 fee compensation request by Chapter 11 bankruptcy counsel under 11 U.S.C. §
11th Circuit Disagrees With 9th Circuit Ruling On Appellate Fee Availability For Dismissal Order. Petitioning creditors in involuntary bankruptcy filings need to be aware that they can be subject to having to pay a debtor’s attorney’s fees for obtaining a dismissal of the case and also may have to pay bad faith damages
Also, Chapter 7 Trustee Properly Dismissed Case Against Defendants, With Chapter 7 Trustee “Owning” the Dismissed Claims. Plaintiff, a Chapter 7 bankrupt, tried to get attorney’s fees a year after one of his actions was dismissed in favor of defendants by the Chapter 7 trustee under a settlement agreement. Plaintiff still went to
