Market Center East Retail Prop, et al v. Lurie, et al, No. 12-2053 (10th Cir. 2013)
Annotate this CaseDebtor-Appellant Market Center East Retail Property, Inc. appealed the Bankruptcy Appellate Panel's affirming of the bankruptcy court's award of attorney's fees to Appellees Barak Lurie and his firm, Lurie & Park. Lurie was Market Center’s attorney in completing the sale of a retail shopping center to Lowe’s Home Center. Market Center argued: (1) the bankruptcy court erred in calculating the amount of attorney’s fees because the bankruptcy court should have used the lodestar approach in its calculations; (2) that the 11 U.S.C. 330(a)(3) factors were an exhaustive list of factors that the bankruptcy court was required to consider; and (3) that Congress intended 11 U.S.C. 330(a) to be construed consistently with case law for awarding attorney's fees under federal fee-shifting statutes such as 42 U.S.C. 1988. While the Tenth Circuit did not agree with Market Center in all regards, the Court nonetheless reversed and remanded for reconsideration of the fees.
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