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In re BCE West, L.P.

United States Court of Appeals, Ninth Circuit
Feb 16, 2005
121 F. App'x 779 (9th Cir. 2005)

Opinion

Submitted February 8, 2005.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Shelton L. Freeman, Esq., Deconcini, McDonald, Yetwin & Lacy, P.C., Phoenix, AZ, for Appellant.

Richard A. Chesley, Jones, Day, Reavis & Pogue, Lori Ann Schmig, Snell & Wilmer, LLP, Richard Lorenzen, Perkins, Coie, Brown & Bain, PA, Phoenix, AZ, for Appellee.


Appeal from the United States District Court for the District of Arizona, Paul G. Rosenblatt, District Judge, Presiding.

Before WALLACE, RAWLINSON, and BYBEE, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

The bankruptcy court did not abuse its discretion or misapply the law when it reduced the total fee award payable to Appellant Houlihan Lokey Howard & Zukin, Inc. See Leichty v. Neary ( In re Strand), 375 F.3d 854, 857 (9th Cir.2004) ("We will not disturb a bankruptcy court's award of [professional] fees unless the bankruptcy court abused its discretion or erroneously applied the law.") (citations omitted). The court properly considered "the nature, the extent, and the value" of Appellant's services, taking into account the factors it deemed relevant. See 11 U.S.C. § 330(a)(3)(A); see also Houlihan Lokey Howard & Zukin Capital v. Unsecured Creditors' Liquidating Trust (In re Commercial Fin. Servs., Inc), 298 B.R. 733, 748 (B.A.P. 10th Cir.2003) ("[T]he factors to be taken into account in determining reasonableness are within the discretion of the bankruptcy court....").

AFFIRMED.


Summaries of

In re BCE West, L.P.

United States Court of Appeals, Ninth Circuit
Feb 16, 2005
121 F. App'x 779 (9th Cir. 2005)
Case details for

In re BCE West, L.P.

Case Details

Full title:In re: BCE WEST, L.P., et al, dba Boston Chicken dba Boston, Market…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 16, 2005

Citations

121 F. App'x 779 (9th Cir. 2005)

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