Legal Opinion
Asarco, L.L.C. v. Barclays Capital, Inc.
Court of Appeals for the Fifth Circuit
Decided December 11, 2012No. 11-41010PublishedCited by 28 opinions
1Opinion of the Court
JENNIFER WALKER ELROD, Circuit Judge:
In this fee dispute, we are asked to determine whether the bankruptcy court erred in: (1) awarding a $975,000 fee enhancement to Barclays Capital, Inc. (“Bar-clays”) pursuant to 11 U.S.C. § 328(a); and (2) denying Barclays’s request for a $2 million “success fee” based on the successful outcome of ASARCO, L.L.C.’s Chapter 11 bankruptcy proceeding. For the following reasons, we REVERSE the $975,000 fee enhancement and REMAND to the district court for further proceedings consistent with this opinion.
I
In August 2005, ASARCO, a mining company based in the…
2Cases cited18 opinions
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
- CRG Partners Group, LLC v. Neary (In Re Pilgrim's Pride Corp.)Court of Appeals for the Fifth Circuit · 2012
- In the Matter Of: Rebecca Mitchell Barron, Debtor. Cynthia Daniels v. Rebecca Mitchell Barron John A. Barron Charles EasleyCourt of Appeals for the Fifth Circuit · 2003
- Tummel & Carroll v. QuinlivanCourt of Appeals for the Fifth Circuit · 2005
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- TMT Procurement Corp. v. Vantage Drilling Co. (In Re TMT Procurement Corp.)Court of Appeals for the Fifth Circuit · 2014
- Credit Union Liquidity Services, L.L.C. v. Green Hills Development Co.Court of Appeals for the Fifth Circuit · 2014
- 21st Mortgage Corporation v. Kayla GlennCourt of Appeals for the Fifth Circuit · 2018
- Viegelahn v. Lopez (In Re Lopez)Court of Appeals for the Fifth Circuit · 2018
- Edwards Family Partnership v. JohnsonCourt of Appeals for the Fifth Circuit · 2022
23 more not listed; retrieve them via the Exa API.