Cases: Bankruptcy Efforts – Page 6

Civil Code Section 1717: Bankruptcy Related Actions Were Recoverable By Successful Lender

July 8, 2009

Fourth District, Division 1 Finds No Basis To Assess Fees Against Nonsignatory Individual Principal In the Absence of an Alter Ego Finding. In New Century Corporation v. Positive Investments, Inc., Case No. ECU03797 (4th Dist., Div. 1 July 8, 2009) (unpublished), lender was awarded attorney’s fees of $83,329 under an attorney’s fees clause of […]

Receivership Fees: Court Of Appeal Affirms $96,000 Fee Request For Receiver And His Counsel, Assessing Against Parties To The Litigation And Modifying Judgment So That Bankrupt Party’s Principal Bore A Proportionate Share

Cases: Bankruptcy Efforts, Cases: Sanctions

July 1, 2009

Fourth District, Division 1 Sanctions Party and His Counsel for Not Notifying It About a Bankruptcy Case with Automatic Stay Implications. The next case is not that remarkable for affirming a $96,000 award of fees to a receiver and his counsel, but reminds us that the trial court can equitably divide the fees against

Bankruptcy Postpetition Fees: Ninth Circuit Adopts BAP’s Decision That Unsecured Creditor’s Request For Postpetition Contractual/Statutory Fees Arising From Prepetition Claim Is Allowable

Cases: Bankruptcy Efforts

June 23, 2009

Ninth Circuit Adopts BAP Opinion As Its Own. For bankruptcy and creditor practitioners, the Ninth Circuit Court of Appeals recently affirmed a BAP decision (380 B.R. 204 (9th Cir. BAP 2007)) on an interesting unsecured creditors’ fees issue. The case is In re SNTL Corp., Case No. 08-60001 (9th Cir. June 23, 2009) (for

Bankruptcy: Bankruptcy Judges Have Discretion In Awarding Fees Against Involuntary Petitioners Based On A “Totality of Circumstances” Test

Cases: Bankruptcy Efforts

February 10, 2009

Ninth Circuit Rejects Awarding Fees Based Upon Tort Concepts or Class Theories of Liability. Bankruptcy practitioners, we have one for you. Do not despair. If we find them or you point them out (a call for interactive discussion with us), we will report on attorney’s fees in the insolvency arena. The next case happens

Judgment Creditor Entitled To Award Of Attorney’s Fees/Costs In His Judgment Enforcement Efforts In Bankruptcy Court Under Code Of Civil Procedure Section 685.040

Cases: Bankruptcy Efforts, Cases: Standard of Review

August 2, 2008

Second District Reverses Denial of Fees/Costs to Judgment Creditor For Efforts to Enforce Judgment in Bankruptcy Court. Based on supremacy clause issues, thorny issues have arisen over the years as to what attorney’s fees and costs a judgment creditor can obtain for bankruptcy court activities when a subsequent state court action