Ridings v. Casamatta, No. 20-6023 (8th Cir. 2021)
Annotate this CaseThe Bankruptcy Appellate Panel affirmed the bankruptcy court's grant of the trustee's motion to determine the reasonableness of respondent's attorney's fees. At issue in this case is the reasonableness of fees charged by a consumer bankruptcy attorney, respondent, for all work associated with filing a chapter 7 case using a bifurcated arrangement. The panel found no clear error in any of the findings of fact made by the bankruptcy court, concluding that it was well within its authority to reduce respondent's fees by $500 and did not abuse its discretion in doing so. In this case, respondent failed to present evidence that would enable the court to conduct a lodestar analysis.
Court Description: [Ridgway, Author, with Shodeen and Dow, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not abuse its discretion in determining that the additional attorneys' fees charged consumer debtors based on their decision to pay counsel's fees in post-petition installments were excessive and should be returned to the debtor. [ June 18, 2021 ]
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