· 3/11/1994
In Re Busy Beaver Building Centers, Inc. Kirkpatrick & Lockhart
Citations
- 19 F.3d 833
- 30 Collier Bankr. Cas. 2d 1264
- 1994 U.S. App. LEXIS 4379
- 25 Bankr. Ct. Dec. (CRR) 603
- 1994 WL 73256
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the bankruptcy court has “an independent duty to review fee applications even absent objections”
- finding that Section 105(a) provides “clear and compelling authority” to sua sponte review fee and expense applications, particularly in light of the discretionary language of Section 330(a)(1
- acknowledging that while the judge’s experience is the starting point for any inquiry, it is certainly not the ending point
- stating that courts should \rely on the market\ to assess reasonableness of fees
- noting that the duty to conduct an independent examination of fee applications is grounded in the “court's inherent obligation to monitor the debtor's estate and to serve the public interest.”
- indicating necessity for an applicant’s right to a hearing prior to disal-lowance
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Hutchinson, Roth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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