Legal Opinion

In Re Fassinger

United States Bankruptcy Court, D. Oregon

Decided January 17, 1996No. 19-30752PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

POLLY S. HIGDON, Bankruptcy Judge.

This matter came before the court on the United States Trustee’s objection to fees generated by the debtor’s attorney. The U.S. Trustee takes the position that the Bankruptcy Code as amended by the Bankruptcy Reform Act of 1994 does not authorize the payment of these fees in a Chapter 7 case.

The court may only award fees to the debtor’s attorney to the extent it is authorized to do so by some provision of the Code. In re Weibel, 176 B.R. 209 (9th Cir. BAP 1994). Prior to the adoption of the 1994 Reform Act that authority was clearly included…

2Cases cited3 opinions

  1. McCutchen, Doyle, Brown & Enersen v. Official Committee of Unsecured Creditors (In Re Weibel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. In Re FriedlandUnited States Bankruptcy Court, D. Colorado · 1995
  3. In Re KinnemoreUnited States Bankruptcy Court, D. Idaho · 1995

3Cited by16 opinions

  1. In Re: Top Grade Sausage, Inc., Debtor (99-5383)Court of Appeals for the Third Circuit · 2000
  2. In Re: Century Cleaning Services, Inc. Debtor, United States Trustee v. Garvey, Schubert & Barer Michael Batlan, TrusteeCourt of Appeals for the Ninth Circuit · 1999
  3. In Re BottoneUnited States Bankruptcy Court, D. Massachusetts · 1998
  4. In Re MillerUnited States Bankruptcy Court, D. Kansas · 1997
  5. In Re Brierwood Manor, Inc.United States Bankruptcy Court, D. New Jersey · 1999

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