11 Collier bankr.cas.2d 1140, Bankr. L. Rep. P 70,183 in Re John Thomas McCombs & Clara Cecelia McCombs Debtors. Curtis L. Mann, Tr., & A. Thomas Dewoskin v. John Thomas McCombs & Clara Cecelia McCombs, 751 F.2d 286 (8th Cir. 1985). · Go Syfert
11 Collier bankr.cas.2d 1140, Bankr. L. Rep. P 70,183 in Re John Thomas McCombs & Clara Cecelia McCombs Debtors. Curtis L. Mann, Tr., & A. Thomas Dewoskin v. John Thomas McCombs & Clara Cecelia McCombs, 751 F.2d 286 (8th Cir. 1985). Cases Citing This Book View Copy Cite
52 citation events across 23 distinct courts.
Strongest positive: In Re Zepecki (areb, 1998-09-24)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
cited Cited as authority (rule) In Re Zepecki
Bankr. E.D. Ark. · 1998 · confidence medium
Mann v. McCombs (In re McCombs), 751 F.2d 286, 288 (8th Cir.1984).
discussed Cited as authority (rule) Eugene Chamberlain v. Edward James Kula (2×) also: Cited "see"
8th Cir. BAP · 1997 · confidence medium
In re McCombs, 751 F.2d 286, 288 (8th Cir. 1984); In re Malewicki, 142 B.R. at 357 .
discussed Cited as authority (rule) In Re Drexel Burnham Lambert Group, Inc.
Bankr. S.D.N.Y. · 1991 · confidence medium
See, e.g., In re First Colonial Corp., 544 F.2d 1291, 1298-99 (5th Cir.), cert. denied, 431 U.S. 904 , 97 S.Ct. 1696 , 52 L.Ed.2d 388 (1977); Boston & Maine Corp., supra, 778 F.2d at 899 ; Harman v. Levin, 772 F.2d 1150, 1152-53 (4th Cir.1985); McCombs, supra, 751 F.2d at 287-88; In re Yermakov, 718 F.2d 1465 , 1471 (9th Cir.1983). 6 .One verbal formulation is to look to “that fee which is customarily charged in the local community by someone who possesses similar skill, experience, expertise, stature and reputation who is faced with similarly novel and complex issues and who procures compar…
discussed Cited as authority (rule) In Re Carter (2×) also: Cited "see, e.g."
Bankr. D.S.D. · 1989 · confidence medium
The Eighth Circuit in Mann v. McCombs (In re McCombs), 751 F.2d 286, 288 (1984), stated the following: Section 330 is meant to encourage high standards of professional legal practice in the bankruptcy courts.
cited Cited as authority (rule) In Re Yankton College
Bankr. D.S.D. · 1989 · confidence medium
McCombs, 751 F.2d at 287.
discussed Cited as authority (rule) Seiler v. First National Bank of Babbitt (In Re Benassi)
D. Minnesota · 1987 · confidence medium
As a consequence, Congress abandoned these standards in enacting the Bankruptcy Code and courts “are no longer bound by pre-Code notions of frugality and economy in fixing fees.” In re McCombs, 751 F.2d at 288.
discussed Cited as authority (rule) Matter of Kero-Sun, Inc.
Bankr. D. Conn. · 1986 · confidence medium
See also Boston & Maine Corp. v. Sheehan, Phinney, Bass & Green, 778 F.2d 890, 896 (1st Cir.1985) (“[i]n the absence of prior agreement, using the lodestar ... conforms to professional expectations since litigation fees are quite often based on time charges”); Harman v. Levin (In re Robertson), 772 F.2d 1150, 1152-53 (4th Cir.1985) (“we agree ... *633 that the twelve-factor analysis of [Johnson ] is appropriate to determine attorney’s fee awards in bankruptcy”); Mann v. McCombs (In re McCombs), 751 F.2d 286, 287-88 (8th Cir.1984) (affirmed district court use of twelve-factor test); Y…
discussed Cited "see" Kennedy v. Rams Hill, LLC (In Re Borrego Springs Development Corp.)
S.D. Cal. · 2000 · signal: accord · confidence high
Corp., 60 B.R. 366 , 369 *277 (S.D.Miss.1985) (affirming bankruptcy judge’s “sole discretionary power” to award reasonable fees to the trustee and his attorney, subject to the maximum ceiling); accord In re McCombs, 751 F.2d 286 , 288 (8th Cir.1984).
cited Cited "see" Chamberlain v. Kula (In Re Kula)
8th Cir. BAP · 1997 · signal: see · confidence high
See In re Malewicki, 142 B.R. at 355 (citing In re McCombs, 751 F.2d 286 (8th Cir.1984), and Bess v. Bess, 929 F.2d 1332 , 1335 n. 6 (8th Cir.1991)).
cited Cited "see" Steiner v. Kasden (In Re Kasden)
D. Minnesota · 1995 · signal: see · confidence high
See In re McCombs, 751 F.2d 286 , 287 (8th Cir.1984); In re Benassi, 72 B.R. 44, 46 (D.Minn.1987).
cited Cited "see" McDermott, Will & Emery v. Potter (In re MEI Diversified Inc.)
D. Minnesota · 1995 · signal: see · confidence high
See In re McCombs, 751 F.2d 286, 287 (8th Cir.1984); In re Benassi, 72 B.R. 44, 46 (D.Minn.1987).
cited Cited "see" Matter of Malewicki
Bankr. D. Neb. · 1992 · signal: see · confidence high
See In re McCombs, 751 F.2d 286 (8th Cir.1984); Bess v. Bess, 929 F.2d 1332 , 1335 n. 6 (8th Cir.1991).
cited Cited "see" Apex Oil Co. v. Palans
E.D. Mo. · 1991 · signal: accord · confidence high
Accord In re McCombs, 751 F.2d at 287.
examined Cited "see" In Re Cuisine Magazine, Inc. (3×)
Bankr. S.D.N.Y. · 1986 · signal: see · confidence high
See Mann v. McCombs (In re McCombs), 751 F.2d 286 (8th Cir.1984).
discussed Cited "see, e.g." Matter of Cano
Bankr. N.D. Ga. · 1991 · signal: see also · confidence medium
Although economy to the estate is still a consideration when determining the appropriateness of fees, Boston and Maine Corp., 778 F.2d at 898 ; Carter, 101 B.R. at 172 ; Temple Retirement Community, 97 B.R. at 336-37 , this Court has previously held and still believes that bankruptcy courts must “insure that bankruptcy specialists receive no less compensation for the value of their services than their counterparts in other areas of the law, thereby insuring that highly qualified attorneys are attracted to the practice of bankruptcy law,” In re D’Lites of America, 92 B.R. 554, 556 (Bankr.…
cited Cited "see, e.g." Gill v. Von Wittenburg (In Re Financial Corp. of America)
9th Cir. BAP · 1990 · signal: see also · confidence low
See also In re McCombs, 751 F.2d 286 , 288 (8th Cir.1984); In re Lee Way Holding Co., 102 B.R. 616, 628 (S.D.Ohio 1989); Roco, supra, 64 B.R. at 505 .
Retrieving the full opinion text from the archive…
11 Collier bankr.cas.2d 1140, Bankr. L. Rep. P 70,183 in Re John Thomas McCombs and Clara Cecelia McCombs Debtors. Curtis L. Mann, Trustee, and A. Thomas Dewoskin
v.
John Thomas McCombs and Clara Cecelia McCombs
83-2313.
Court of Appeals for the Eighth Circuit.
Feb 1, 1985.
751 F.2d 286
Cited by 5 opinions  |  Published

751 F.2d 286

11 Collier Bankr.Cas.2d 1140, Bankr. L. Rep. P 70,183
In re John Thomas McCOMBS and Clara Cecelia McCombs, Debtors.
Curtis L. MANN, Trustee, and A. Thomas DeWoskin, Appellants,
v.
John Thomas McCOMBS and Clara Cecelia McCombs, Appellees.

No. 83-2313.

United States Court of Appeals,
Eighth Circuit.

Submitted June 13, 1984.
Decided Dec. 28, 1984.
Rehearing Denied Feb. 1, 1985.

Curtis L. Mann, St. Louis, Mo., for appellants.

David O. Fischer, St. Louis, Mo., for appellees.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

PER CURIAM.

[*~286]1

Trustee Curtis L. Mann (Trustee) and Trustee's attorney, A. Thomas DeWoskin (Attorney), appeal from a final judgment entered in the District Court[1] for the Eastern District of Missouri awarding Trustee the sum of $64.10 for expenses incurred and awarding Attorney the sum of $150.00 for legal services rendered on behalf of Trustee. For reversal Trustee and Attorney argue that the district court erred in affirming these awards because the awards did not constitute "reasonable compensation" pursuant to the United States Bankruptcy Code, 11 U.S.C. Sec. 330 (1982). For the reasons discussed below, we affirm.

2

On November 19, 1981, debtors John and Clara McCombs (Debtors) filed a joint voluntary petition in bankruptcy. In their bankruptcy petition, Debtors listed their residence as having a fair market value of approximately $10,000. Debtors claimed exemptions on that property totalling $2,921.42 out of the total exemption of $15,800 available to them.

3

Trustee had the real estate appraised and determined that the Debtors' residence was worth as much as $29,000. Trustee concluded that Debtors had undervalued their property and that there was potential equity in the property in excess of the exemptions claimed by Debtors and the amount owed to the bank.

4

Trustee employed DeWoskin as his attorney and filed suit in the United States Bankruptcy Court[2] for the Eastern District of Missouri, seeking recovery of non-exempt assets. Debtors filed an answer to Trustee's complaint denying that their property was valued at $29,000, claiming instead that its actual value was $7,000. Debtors also sought leave to amend their exemption schedule to claim an exemption of $14,000 in their residence. Trustee and Attorney objected to Debtors' motion to amend on the grounds that Debtors had sufficient notice to amend before administration of the estate had begun.

5

A hearing was held on November 4, 1982, and Debtors were permitted to file their amended exemption schedule, the bankruptcy court finding that there would be no resulting prejudice to general creditors. At the hearing, the bankruptcy court awarded Trustee $64.10 as reasonable compensation for expenses incurred and awarded Attorney $150.00 as reasonable compensation for services rendered.

6

Trustee and Attorney appealed the order of the bankruptcy court to the district court. The district court correctly noted that although

7

compensation awarded an attorney employed by the trustee of a bankrupt estate must be reasonable and based on factors such as "time, the nature, extent and the value of such services and the cost of comparable services other than in a case under title eleven of the Bankruptcy Act," it is also an accepted principle in this Circuit that the Bankruptcy Judge is allowed discretion fixing that award.

8

In re McCombs, 33 B.R. 387 at 388 (E.D.Mo. Aug. 24, 1983), citing 11 U.S.C. Sec. 330(a)(1) (1982). Applying the abuse of discretion standard of review, see Matter of United States Golf Corp., 639 F.2d 1197, 1201 (5th Cir.1981), the district court carefully considered the evidence presented and concluded:

9

[T]he Bankruptcy Judge did not fail to apply the proper legal standard and procedure, nor did he base his fee award on clearly erroneous findings of fact. The Bankruptcy Judge found that the legal principles presented in this case were "neither complex nor unusual" and awarded what he determined to be reasonable compensation. Appellant attorney himself fails to explain in what way the Bankruptcy Judge erred. He merely asserts that greater weight should have been given to several fee determination factors among those listed in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974).

10

The Bankruptcy Judge was in a better position than is this Court to determine that appropriate amount of compensation for appellant attorney and, finding no evidence that the Judge abused his discretion, this Court leaves his award of $150.00 unchanged.

11

At 388 (footnote omitted).

12

Considering the bankruptcy court's award to Trustee, the district court stated:

13

Appellant Trustee appeals his award of $64.10 for expenses, claiming that he is entitled to the additional sum of $250.00 representing the value of his services rendered. As appellees correctly observe, however, said Trustee has performed no compensable services beyond preparation of an estate status report. He did not secure any of Debtors' assets, nor did he conduct negotiations with creditors. The Trustee disbursed none of the bankrupt estate to creditors. In short, only his documented expenses totalling $64.10 are compensable.

14

Id. at 388.

[*~287]15

The fee provision of the Bankruptcy Code, 11 U.S.C. Sec. 330, is meant to encourage high standards of professional legal practice in the bankruptcy courts. See In re Atlas Automation, Inc., 27 B.R. 820, 822 (E.D.Mich.1983). Bankruptcy courts are no longer bound by pre-Code notions of frugality and economy in fixing fees. Id. Bankruptcy courts must consider whether the fee awards are commensurate with fees for professional services in non-bankruptcy cases, thus providing sufficient economic incentive to practice in the bankruptcy courts. Id. Although the award could have been more generous, the allowance granted was within the discretion of the bankruptcy court. Accordingly, we affirm on the basis of the district court's opinion. See 8th Cir.R. 14.

1

The Honorable Roy W. Harper, United States Senior District Judge for the Eastern and Western Districts of Missouri

2

The Honorable James J. Barta, Judge, United States Bankruptcy Court for the Eastern District of Missouri