Associates Inc v.’s Empirical Analysis

Citation profile

4 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Bankruptcy Code assigns to courts a comprehensive duty to review fees in a particular case, and 11 U.S.C. § 330 is the sole mechanism by which fees may be enforced. Dismissal of a case, or a private agreement between the debtor and its attorney, cannot abrogate the bankruptcy court’s statutorily imposed duty of review. See Jensen v. Gantz (In re Gantz), 209 B.R. 999, 1002 (10th Cir. BAP 1997) (attorney entitled only to fees awarded by the bankruptcy court under § 330); In re Jeanes, No. 01-00760, 2004 WL 1718093 , at (Bankr.N.D.Iowa June 17, 2004) (“Because § 330(a) requires court approval to create the obligation to pay the attorney’s fees, absent court approval neither the debtor nor the estate is ever liable. Court approval under § 330(a) is what creates the liability, not the performance of the services.”) (citations omitted); In re Marin, 256 B.R. 503, 507 (Bankr.D.Colo.2000) (“There is no other way for an attorney to be paid! An attorney who extracts payments from debtors other than pursuant to proper disclosure, or to allowance under section 330, stands in violation of the provisions of the bankruptcy (sic) Code, and may properly be stripped of all fees.”) (emphasis original). As an attorney appointed under 11 U.S.C. § 327 , Halbert was required to seek approval of his fees from the court under 11 U.S.C. § 330 .”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Brown · Cupps & Garrison, LLC v. Rhiel (In Re Two Gales, Inc.)

2. “(a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103- (A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and (B) reimbursement for actual, necessary expenses.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Brown

3. “[a]s an attorney appointed under 11 U.S.C. § 327 , [the attorney] was required to seek approval of his fees from the court under 11 U.S.C. § 330 . Because he did not do so, his fees [from prior bankruptcy] are unenforceable ...”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Ford