Legal Opinion

Malpass v. Rodgers (In Re Music Merchants, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 20, 1997No. BAP No. CC-96-1364-VOH, Bankruptcy No. SA-87-04366-JBPublishedCited by 5 opinions

1Opinion of the Court

OPINION

YOLINN, Bankruptcy Judge:

OVERVIEW

Following a remand from the BAP determining that the trial court retained jurisdiction to reconsider a fee request following the dismissal of the underlying bankruptcy, an attorney representing the creditors’ committee requested certain fees and a fee enhancement for delay in payment. The trial court partially granted his request, but declined to enhance the award because of delay. The court denied the subsequent motion to reconsider and the attorney filed this timely appeal.

BACKGROUND FACTS 1

In July, 1987, Music Merchants, Inc. filed bankruptcy under…

2Cases cited5 opinions

  1. Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989
  2. In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
  3. Latta v. Western Inv. Co.Court of Appeals for the Ninth Circuit · 1949
  4. Scott v. AngeloneDistrict Court, D. Nevada · 1991
  5. In Re Commercial Consortium of CaliforniaUnited States Bankruptcy Court, C.D. California · 1991

3Cited by5 opinions

  1. Law Offices of Boone v. Derham-Burk (In Re Eliapo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. In Re First American Health Care of Georgia, Inc.United States Bankruptcy Court, S.D. Georgia · 1997
  3. In Re Sheehan Memorial HospitalUnited States Bankruptcy Court, W.D. New York · 2007
  4. In Re: Long Dei LiuDistrict Court, C.D. California · 2020
  5. Law Offices of Boone v. Derham-Burk (In Re Eliapo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003

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