Section 330 - Compensation of officers

3 Citing briefs

  1. Rodney Wayne Etheridge and Sandra Lynn Etheridge

    Memorandum/Opinion

    Filed December 10, 2019

    The Court agrees with the Bankruptcy Administrator’s assertion that a 45% contingency fee and the amount of time spent on this matter is unreasonable under the circumstances of this case, considering the factors set forth in § 330 and Levin, including without limitation the amount of time purportedly Case 18-11303 Doc 68 Filed 12/10/19 Page 14 of 25 15 expended pre-petition, the amount in controversy, and the results obtained.9 However, the Court does not need to determine the amount of any fees that otherwise might be reasonable under § 330 because, as discussed below, the Fee Application will be denied as a result of Mr. Gordon’s violations of Fed. R. Bankr. P. 2014. 2. Disclosure Requirements Under Fed. R. Bankr.

  2. In Re: Congoleum Corp.

    RESPONSE re Application/Petition,,,,,,.

    Filed April 13, 2010

    denied, 488 U.S. 852 (1988) (professional services rendered assisting the debtor may only be compensated under 11 U.S.C. § 503(b)(2), which allows administrative expense treatment only to fees and expenses authorized under 11 U.S.C. § 330, which may only be awarded to professionals that have first been employed under 11 U.S.C. § 327). Just as Weitz and Rice’s actual conflicts of interest would require disallowance of payment for such services if rendered post-petition and sought under 11 U.S.C. § 330, their actual conflicts of interest require disallowance of payment for Weitz and Rice’s services rendered pre-petition and sought under Section 1129(a)(4). In any event, the fact that Weitz and Rice were engaged pre-petition does not mean they were free to represent conflicting interests with impunity.

  3. McBride & Collier v. Callaway

    MEMORANDUM in Opposition re MOTION to Dismiss for Lack of Jurisdiction with Certificate of Service

    Filed January 29, 2010

    This Court Has Subject Matter Jurisdiction Movants’ arguments that this Court, which has original bankruptcy jurisdiction under 28 U.S.C. §1334 and § 157, cannot take jurisdiction over the instant standing orders that will affect hundreds of pending bankruptcy cases that clearly “arise under Title 11” is ludicrous. Moreover, these orders directly relate to the Bankruptcy Court’s implementation of 11 U.S.C. § 330 which affects attorney compensation in Chapter 13 cases, and therefore, clearly “arises under Title 11.” Logically, if this Court does not have jurisdiction to review these orders, then the Bankruptcy Court Case 5:09-cv-01995-DEW-KLH Document 20 Filed 01/29/10 Page 19 of 24 15 was without jurisdiction to enter them in the first place.