· 10/31/1997
Chamberlain v. Kula (In Re Kula)
Citations
- 213 B.R. 729
- 38 Collier Bankr. Cas. 2d 1709
- 1997 Bankr. LEXIS 1728
- 31 Bankr. Ct. Dec. (CRR) 823
- 1997 WL 694299
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating, in dicta, that the lodestar calculation is not required in chapter 13 cases, however, the court should make a finding that such calculation is inappropriate under the circumstances
- stating, in dicta, that the lodestar calculation is not required in chapter 13 cases, however, the court should make a finding that such calculation is inappropriate under the circumstances
- discussing In re Apex Oil Co., 960 F.2d 728, (8th Cir.1992), and recognizing that although the Eighth Circuit does not require an express lodestar calculation, it is clearly the preferred method for calculating fees
- “A court should exclude from the initial lodestar calculation hours that were not ‘reasonably expended’ in the representation.”
- “Whether the compensation sought is reasonable, given the time, nature, extent of the services and the value of the services is always a question of fact for the court.”
- adopting the requirement set forth in Busy Beaver
Source: CourtListener parenthetical corpus (CC0).
Judges: Roger, Hill, Dreher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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