§Why CasetextPricing

Rodney Wayne Etheridge and Sandra Lynn Etheridge

Memorandum/Opinion

32 Cited authorities

  1. Barber v. Kimbrell's, Inc.

    577 F.2d 216 (4th Cir. 1978)   Cited 1,167 times
    Finding that district court improperly decided damages on TILA claims through bench trial, because requested statutory damages were legal in nature, and issue of amount of statutory damages owed to class of plaintiffs was factual issue

  2. Harman v. Levin

    772 F.2d 1150 (4th Cir. 1985)   Cited 250 times
    Holding that the factors set out in Barber are properly employed in the determination of a reasonable attorney's fee under 11 U.S.C. § 330

  3. In re Crivello

    134 F.3d 831 (7th Cir. 1998)   Cited 138 times
    Holding that bankruptcy court has discretion to award fees under § 328 despite professional's improper employment under § 327

  4. In re Saturley

    131 B.R. 509 (Bankr. D. Me. 1991)   Cited 137 times
    Holding that "a debtor's counsel has an affirmative duty punctiliously to disclose all its connections with the debtor"

  5. In re West Delta Oil Co., Inc.

    432 F.3d 347 (5th Cir. 2005)   Cited 74 times
    Holding special counsel violated § 327(e) where it had an economic interest in transaction that was adverse to the estate regarding the matter for which it was employed

  6. In re EWC, Inc.

    138 B.R. 276 (Bankr. W.D. Okla. 1992)   Cited 91 times
    Holding that the bankruptcy "court does not have the authority to allow employment of a professional with a conflict of interest" and that "such employment is void ab initio"

  7. Matter of Nat. Gypsum Co.

    123 F.3d 861 (5th Cir. 1997)   Cited 61 times   2 Legal Analyses
    Holding that bankruptcy courts must set compensation awards for professional consultants either according to § 330, which governs compensation of officers based on reasonableness, or § 328, which permits professionals to obtain prior court approval of certain compensation agreed to with the trustee, debtor, or committee

  8. In re B.E.S.

    93 B.R. 228 (Bankr. E.D. Cal. 1988)   Cited 62 times
    Holding that court has discretion to deny fees for failure to disclose

  9. In re Lee

    94 B.R. 172 (Bankr. C.D. Cal. 1989)   Cited 49 times
    Allowing retention of counsel but noting that failure to disclose representation of related parties is cause for denial

  10. Boleman Law Firm, P.C. v. U.S. Trustee

    355 B.R. 548 (E.D. Va. 2006)   Cited 21 times

    No. 3:06CV447. November 28, 2006. L. Lee Byrd, Sands Anderson Marks Miller PC, Charles Thomas Ebel, Sands Anderson Marks Miller PC, Jeffrey Hamilton Geiger, Sands Anderson Marks Miller PC, William Alan Gray, Sands Anderson Marks Miller PC, Richmond, VA, for Boleman Law Firm, P.C., The, Appellant. John R. Byrnes, Office of the U.S. Trustee, Robert Breen Van Arsdale, Office of the U.S. Trustee, Richmond, VA, for United States Trustee, Appellee. MEMORANDUM OPINION AND ORDER SPENCER, Chief Judge. The

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,361 times   78 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,657 times   57 Legal Analyses
    Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

  13. Section 523 - Exceptions to discharge

    11 U.S.C. § 523   Cited 27,275 times   141 Legal Analyses
    Granting federal courts exclusive jurisdiction over certain dischargeability disputes

  14. Section 330 - Compensation of officers

    11 U.S.C. § 330   Cited 4,050 times   17 Legal Analyses
    Determining "amount of reasonable compensation to be awarded to an examiner, trustee under chapter 11, or professional person"

  15. Section 341 - Meetings of creditors and equity security holders

    11 U.S.C. § 341   Cited 2,750 times   5 Legal Analyses
    Requiring the United States trustee to "convene and preside at a meeting of creditors" and to "orally examine the debtor to ensure that the debtor in a case under chapter 7" is aware of, among other things, the "consequences of seeking a discharge in bankruptcy"

  16. Rule 4007 - Determination of Dischargeability of a Debt

    Fed. R. Bankr. P. 4007   Cited 1,578 times   1 Legal Analyses
    Determining the dischargeability of a debt

  17. Section 328 - Limitation on compensation of professional persons

    11 U.S.C. § 328   Cited 1,075 times   3 Legal Analyses
    Allowing professionals employed by a trustee to bill on an hourly basis

  18. Rule 2014 - Employment of Professional Persons

    Fed. R. Bankr. P. 2014   Cited 730 times
    Requiring that an application to employ "state . . . all of the person's connections with . . . [the debtor's] attorneys"