Law Offices of Neil Vincent Wake v. Sedona Institute (In Re Sedona Institute)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BOWIE, Bankruptcy Judge.
I
Appellant, as co-counsel for certain creditors, moved the bankruptcy court for appointment of a trustee or an examiner with expanded powers. After much contest the court appointed a traditional examiner.
Appellant then moved the court under Bankruptcy Code § 503(b)(4) for an award of the attorney’s fees incurred in obtaining the appointment of the examiner.2 The court denied the motion (and the motion for reconsideration) on the ground that fees could not be granted under § 503(b)(4) unless the creditor had an independent expense, beyond the attorney’s fees,…
2Cases cited24 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Samuel Martinez-Serrano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
- In Re Adams Apple, Inc., Debtor. Robert C. Burchinal, Donald G. Ott, Meton G. Raine, Karen O. Raine, John Ruud, Richard H. Mason, Phyllis Mason, Richard Floren, Rachel Floren, Kenneth R. Irwin, Sharon Irwin, Richard J. Willsey and Cheri Ann Willsey, Plaintiffs v. Central Washington Bank, Bank of California v. Central Washington BankCourt of Appeals for the Ninth Circuit · 1987
- In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in InterventionCourt of Appeals for the Ninth Circuit · 1986
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3Cited by37 opinions
- In re: Wallace Eugene Francis, Tracy Danielle FrancisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Price v. Lehtinen (In Re Lehtinen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Wall Street Plaza v. JSJF Corp. (In Re JSJF Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
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