Bankr. No.:
91-40108
Chapter:
7
Date of Decision:
March 24, 1995
Issue:
Whether certain fees should be disgorged in a failed reorganization case where evidence showed the case was filed to thwart a divorce property settlement?
Ruling:
The case should never have been filed since it was an improper attempt to thwart the actions of a state divorce court. However, no party timely sought dismissal of the case on those grounds and no party objected to the debtor's counsel's fees on that ground or preserved that objection for later hearing. Accordingly, no fees were disgorged. However, no additional fees were awarded despite two additional fee applications from the debtor's counsel.
Full Bankruptcy Court Decision:
