Bankr. No.:
99-30008
Chapter:
12
Date of Decision:
June 13, 2001
Issue:
(1) What fees should be awarded when the fee application appears to include services for two different bankruptcy estates? (2) Whether an attorney employed by the Chapter 7 bankruptcy estate may be paid from the estate on a contingency fee basis without submitting an itemized statement of services as part of his fee application?
Ruling:
(1) The Court did not allow compensation for those items of service and related expenses that appeared to have been rendered for the companion bankruptcy estate. (2) The estate attorney may be paid his contingent fee without filing an itemization of services where the contingent nature of his fees had been approved in his employment order. Had the attorney sought costs in addition to the contingency fee for services, as the order authorizing his employment permitted, the costs would have had to have been itemized in the fee application.
Full Bankruptcy Court Decision:
