Boddy’s Empirical Analysis

Citation profile

4 federal appellate · 7 district · 2 state decisions

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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In many cases, these factors will be dupli-cative if the court first determines the lodestar amount because the lodestar presumably subsumes all of these factors in its analysis of the reasonable hourly rate and the reasonable hours worked. At a minimum, however, the bankruptcy courts must expressly calculate the lodestar amount when determining reasonable attorney’s fees.”

   10 later decisions quote this exact passage · from the majority
   e.g. In re Cahill · In Re Watkins

2. “(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, an examiner, a professional person employed under section 327 or 1103— (A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional personal employed by any such person; and (B) reimbursement for actual, necessary expenses. (2) The court may, on its own motion or on the motion of the United States Trustee, the United States Trustee for the District or Region, the trustee for the estate, or any other party in interest, award compensation that is less than the amount of compensation that is requested. (3) In determining the amount of reasonable compensation to be awarded, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant facts, including (A) the time spent on such services; (B) the rates charged for such services; (C) whether the services were necessary to the administration of, or beneficial at the time at which the service was rendered toward the completion of, a case under this title; (D) whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue or task addressed; and (E) whether the compensation is reasonable based on the customary compensation charged by comparably”

   8 later decisions quote this exact passage · from the majority
   e.g. Pfeiffer v. Couch (In Re Xebec) · In Re Ohio Industries, Inc.

3. “‘In determining a reasonable attorney’s fee under § 330, many courts have adopted the formula used to calculate fees under various federal fee-shifting statutes.’ Under the typical federal fee-shifting statute, the court will arrive at an attorney’s fee by first determining the ‘lodestar’ amount, which is calculated by ‘multiplying the attorney’s reasonable hourly rate by the number of hours reasonably expended.’ The Supreme Court has made it clear that the lodestar method of fee calculation is the method by which federal courts should determine reasonable attorney’s fees under federal statutes which provide for such fees. Because the Code provides for attorney’s fees, and because the plain language of the Code indicates Congress intended no distinction between attorney’s fees in bankruptcy cases and those awarded in non-bankruptcy cases, the courts have generally relied upon the lodestar approach when determining attorney’s fees in bankruptcy cases.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Ohio Industries, Inc. · Lopez v. Consejo De Titulares Del Condominio Carolina Court Apartments (In Re Lopez)