Introducing ATLASLearn more
Legal Opinion

Matter of Malewicki

United States Bankruptcy Court, D. Nebraska

Decided March 31, 1992No. 17-40450PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In this Chapter 13 case, debtor’s counsel, Mr. Clay Statmore, requests allowance of $1,750.00 in compensation under a flat fee agreement. The application is denied because the compensation sought is unreasonable.

CONCLUSIONS OF LAW

Bankruptcy Code §§ 329 and 330, and Fed.R.Bankr.P. 2016(a), govern fee applications of attorneys. Under § 330, attorneys are to be allowed:

reasonable compensation for actual, necessary services rendered ... based on the nature, the extent, and the value of such services, the time spent on such services, and the cost of…

2Cases cited11 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. 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
  3. Harman v. LevinCourt of Appeals for the Fourth Circuit · 1985
  4. In Re Manoa Finance Company, Inc., a Hawaii Corporation, Debtor. H. William Burgess v. Charles R. Klenske, TrusteeCourt of Appeals for the Ninth Circuit · 1988
  5. In Re Roderick D. ReedCourt of Appeals for the Eighth Circuit · 1989

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  2. In Re: Lan Associates Xi, L.P. Patricia A. Staiano, United States Trustee v. James J. Cain, Trustee for Lan Associates Xi, L.P.Court of Appeals for the Third Circuit · 1999
  3. Bachman v. Laughlin (In Re McKeeman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  4. In Re CopelandUnited States Bankruptcy Court, W.D. Michigan · 1993
  5. In Re YatesUnited States Bankruptcy Court, N.D. Oklahoma · 1998

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API