In re Aclin (March 11, 2010)
Issue: Is Applicant entitled to fees in excess of what the Austin Division Standing Order (Dated March 1, 2007) allows for cause based on that it took over three proposed Chapter 13 plans, a series of proposed plan modifications, and eleven months after filing bankruptcy before a plan was finally confirmed?
Holding: The Court looked to Section 330(a)(4)(B) of the Bankruptcy Code to determine the amount that should be considered “reasonable compensation” and granted in part, denied in part, an application for $12,801.25 in additional fees, since the Applicant did not fully meet the burden of showing that the requested compensation provided a benefit to the estate that could be measured against any net increases to the base amount of the Plan.
Ingalls v. Phillips (November 4, 2009)
Ingalls v. Phillips (November 3, 2009)
Issue: Should Trustee’s Complaint for turnover of funds that the Trustee asserts were improperly retained by Defendant in connection with his representation of Debtor be granted?
Holding: Yes. No matter how this case is dissected, Defendant has no legal authority for his retention of the funds paid to him by the Debtor during the Chapter 13 part of this case without Court permission and in violation of a prior Court order.