In re Frazier’s Empirical Analysis
2017
Citation profile
1 federal appellate ·
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) · 11 U.S.C. § 1305 · 11 U.S.C. § 327 · 11 U.S.C. § 330 · 11 U.S.C. § 503 · 11 U.S.C. § 507 · 28 U.S.C. § 1334 · 28 U.S.C. § 157
Relies on Connecticut National Bank v. Germain · Lamie v. United States Trustee · United States v. Williams · Reading Company v. Brown · Norman v. Housing Authority of Montgomery
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is easy to imagine contested matters that may arise in a Chapter 13 case that would require a debtor’s attorney to incur expenses, such as deposition costs or witness fees. To suggest that such direct expenses of representing the debtor are not reimbursable seems contrary to the concepts of reasonableness and necessity encompassed in § 330(a)(4)(B). Moreover, that subsection refers back to the “other factors set forth in this section,” which are the factors relating to other professionals compensated under § 330(a)(1).”
1 later decision quote this exact passagee.g. In re Riley“[T]he Court finds that the advance of a Chapter 13 debtor's filing fee is not properly reimbursable under 11 U.S.C. § 330 (a). Pursuant to 28 U.S.C. § 1930 , a debtor's filing fee is, in essence, his or her cost of admission. To allow a debtor's attorney to satisfy this obligation of the debtor and seek repayment as an administrative expense funded by the Trustee has the potential to push this cost onto creditors. Nothing in the Bankruptcy Code contemplates such treatment of the filing fee.”
1 later decision quote this exact passage“[T]he obligation to pay the filing fee under 28 U.S.C. § 1930 is not an obligation of the estate. Rather, 28 U.S.C. § 1930 , requires the party commencing a bankruptcy case (here, the Debtor) to pay the appropriate filing fee.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.