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In re Mary Adams (Case No. 09-7001) 12/01/2011

The United States Trustee and a creditor objected to the debtor's counsel’s application for compensation for fees incurred in connection with litigation with respect to a claim that the subject of a pre-petition confession of judgment proceedings brought by the creditor against the debtor in the state circuit court. The United States Trustee and the creditor asserted that the fees sought were unreasonable under 11 U.S.C. § 330(a)(4)(B) and that the amount of time spent on the litigation was excessive in light of the case.  The Court held that the ultimate failure of the firm's efforts to defeat the creditor’s claim was not a reason to deny compensation to the debtor’s attorney and, therefore, partially granted the application for compensation.  However, the Court reduced counsel’s fees in the amount of $750 for failing to take action to make any inquiry as to whether an objection to claim was properly filed or whether it was a false pleading.

Date: 
Thursday, December 1, 2011
Category: 
Administrative Expense
Attorneys Fees
Chapter 13 Issues
Chapter: 
13