469 B.R. 121
Bankr. M.D. Fla.2012Background
- Becker filed a voluntary Chapter 13 petition on April 3, 2009 in the M.D. Florida Orlando Division.
- The Chapter 13 Trustee objected to Branson's requested attorney fees as excessive, with Branson seeking $9,990.
- The court discussed a presumptively reasonable no-look Chapter 13 fee up to $4,500 plus a $1,250 monitoring fee, none of which automatically applied beyond case-specific allowances.
- Debtor's counsel sought (and the trustee allowed) multiple post-confirmation fee increases tied to mortgage modifications and plan changes, culminating in a final accepted amount of $9,740.
- Branson failed timely to file a full fee application and supplemental disclosures for substantial increases; the trustee also failed to Object timely, leading to a final order approving $9,740 in fees and costs.
- The court emphasized the need for timely disclosures and proper application of no-look limits in future cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of Branson's total fees | Becker argues fees were reasonable given modifications. | Weatherford argues fees exceed no-look and were not properly justified. | Partial sustainment; total allowed fees reduced to $9,740. |
| Disclosure and justification for post-confirmation fees | Branson contends he disclosed some fees but not all. | Trustee asserts failure to timely disclose and file a proper fee application. | Fees approved only to the extent disclosed and properly justified; additional fees disallowed. |
| Impact of no-look fee framework on the outcome | Branson relied on no-look framework to justify higher charges. | Trustee failed to object timely and Branson exceeded no-look thresholds. | Court approves $9,740 but cautions against exceeding no-look limits; emphasizes monitoring. |
Key Cases Cited
- Grant v. George Schumann Tire & Battery Co., 908 F.2d 874 (11th Cir. 1990) (source of lodestar concept and reasonableness factors)
- Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974) (twelve Johnson factors for reasonableness of fees)
- In re Cahill, 428 F.3d 536 (5th Cir. 2005) (no-look fee framework in Chapter 13 context)
- In re Howell, 226 B.R. 279 (Bankr.M.D.Fla. 1998) (standard for fixed or flat-fee approach in routine Chapter 13 cases)