Legal Opinion

Salomon North America v. Knupfer (In Re Wind N' Wave)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 2, 2005No. BAP No. CC-04-1462-BKMA, Bankruptcy No. LA-99-55241-ECPublishedCited by 16 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

This appeal presents the question of whether Bankruptcy Code § 503(b)(4) 1 permits a fee award to counsel representing petitioning creditors in prosecuting an involuntary petition where the creditors, although eligible for reimbursement of actual expenses under § 503(b)(3), had no other actual expenses to claim.

The bankruptcy court declined to follow our precedent, In re Sedona Institute, 220 B.R. 74 (9th Cir. BAP 1998), and held that no fee could be awarded unless the petitioning creditors actually had expenses other than professional fees and costs.

We are…

2Cases cited24 opinions

Lamie v. United States TrusteeSupreme Court of the United States · 2004
Nelson v. Adams USA, Inc.Supreme Court of the United States · 2000
In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004

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

3Cited by16 opinions

Klein v. Chappell (In Re Chappell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
In Re American Plumbing & Mechanical, Inc.United States Bankruptcy Court, W.D. Texas · 2005
North Sports, Inc. v. Knupfer (In Re Wind N' Wave)Court of Appeals for the Ninth Circuit · 2007
Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
Concannon v. Imperial Capital Bank (In Re Concannon)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006

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