J.L. Lavender & Mary Lavender, Individually, & J.L. Lavender D/B/A Lavender Constr. Co. v. Wood Law Firm, 785 F.2d 247 (8th Cir. 1986). · Go Syfert
J.L. Lavender & Mary Lavender, Individually, & J.L. Lavender D/B/A Lavender Constr. Co. v. Wood Law Firm, 785 F.2d 247 (8th Cir. 1986). Cases Citing This Book View Copy Cite
60 citation events (16 in the last 25 years) across 26 distinct courts.
Strongest positive: In re Sandpoint Cattle Co. (nebraskab, 2016-07-28)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Sandpoint Cattle Co.
Bankr. D. Neb. · 2016 · confidence medium
The Eighth Circuit Court of Appeals has held that, where a debtor’s attorney has failed to comply with the statute and the rules, subsequent fee applications “should be denied and the funds received should be ordered returned to the estate.” Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) (emphasis added).
discussed Cited as authority (rule) Williams v. Pillar Capital Holdings, LLC (In Re Living Hope Southwest Medical Svcs, LLC)
Bankr. W.D. Ark. · 2011 · confidence medium
"In re Blessing Indus., 263 B.R. at 273 (citing In re D.C., Inc., Bankr.No. 97-01860-W, slip op. at 2, 1997 WL 33384401 (Bankr.N.D.Iowa Dec. 19, 1997) (citing Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) (construing bankruptcy statute requiring prior court approval for professional compensation))); In re Lehigh Valley Professional Sports *152 Clubs, Inc., 260 B.R. at 750 (citing In re City Wide Press, Inc., 102 B.R. 431, 436 (Bankr.E.D.Pa.1989), aff'd, 110 B.R. 710 (E.D.Pa.1990)).
discussed Cited as authority (rule) In Re Motors Liquidation Co.
Bankr. S.D.N.Y. · 2010 · confidence medium
See In re Singson, 41 F.3d 316, 319 (7th Cir. 1994); In re F/S Airlease II, Inc. v. Simon, 844 F.2d 99 , 105-108 (3d Cir.1988); In re Arkansas Co., 798 F.2d 645, 648 (3d Cir.1986); Lavender v. Wood Law Firm, 785 F.2d 247, 248-249 (8th Cir.1986) (per curiam).
discussed Cited as authority (rule) Farinash v. Vergos (In Re Aultman Enterprises)
E.D. Tenn. · 2001 · confidence medium
Partnership, 189 F.3d 86, 87-88 (2nd Cir.1999) (citing In re Jarvis, favorably and concluding bankruptcy-court has that equitable power); In re Triangle Chems., Inc., 697 F.2d 1280, 1286-89 (5th Cir.1983) (analyzing cases and statutes and holding bankruptcy courts have equitable power to retroactively approve employment upon proper showing all other requirements for employment under § 327 were met); Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) (holding “in limited circumstances, the bankruptcy court as a matter of fundamental fairness may exercise its discretion and enter a n…
discussed Cited as authority (rule) In Re NWFX, Inc.
Bankr. W.D. Ark. · 2001 · confidence medium
Recognizing the bankruptcy courts’ equitable powers, the court stated that, “in limited circumstances, the bankruptcy court as a matter of fundamental fairness may exercise its discretion and enter a nunc pro tunc order authorizing compensation.” Lavender v. Wood Law Firm, 785 F.2d 247, 248-49 (8th Cir.1986).
cited Cited as authority (rule) In Re Blessing Industries Inc.
Bankr. D. Iowa · 2001 · confidence medium
No. 97-01860-W, slip op. at 2 (Bankr.N.D.Iowa Dec. 19, 1997)(citing Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986)).
discussed Cited as authority (rule) In Re Redding
Bankr. W.D. Mo. · 2000 · confidence medium
The Eighth Circuit Court of Appeals has held that, where a debtor’s attorney has failed to comply with the statute and the rules, subsequent fee applications “should be denied and the funds received should be ordered returned to the estate.” Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) (emphasis added).
discussed Cited as authority (rule) In Re Albrecht
10th Cir. BAP · 2000 · confidence medium
(In re Monument Auto Detail, Inc.), 226 B.R. 219 (9th Cir. BAP 1998); McCutchen, Doyle, Brown & Enersen v. Official Comm. of Unsecured Creditors (In re Weibel, Inc.), 176 B.R. 209 (9th Cir. BAP 1994); In re Marshall, 211 B.R. 662, 664 (Bankr.D.Minn.1997) (citing Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986)); In re Channel 2 Assocs., 88 B.R. 351 (Bankr.D.N.M.1988).
discussed Cited as authority (rule) In re Welch
Bankr. W.D. Ark. · 2000 · confidence medium
See, e.g., Snyder v. Dewoskin (In re Mahendra), 131 F.3d 750, 756 (8th Cir.1997) (attorney for chapter 7 debt- or was not due fees from estate for post-petition services when attorney did not seek permission to be employed by estate), cert. denied, 523 U.S. 1107 , 118 S.Ct. 1678 , 140 L.Ed.2d 815 (1998); In re Grabill Corp., 983 F.2d 773, 777 (7th Cir.1993) (attorneys found ineligible to serve were not entitled to compensation for work performed for debtor); Canatella v. Towers (In re Alcala), 918 F.2d 99, 104 (9th Cir.1990) (attorney who pursued debtor’s pre-petition cause of action without…
discussed Cited as authority (rule) In Re Redding (2×)
Bankr. W.D. Mo. · 1999 · confidence medium
Secondly, an attorney who is employed to represent a debtor must give notice to creditors and receive court approval prior to being compensated from the funds of the bankruptcy estate. 11 U.S.C. § 330 (a)(1); Bankruptcy Rule 2016; Local Rule 2016-1; Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986).
discussed Cited as authority (rule) In Re Encapsulation International, LLC
Bankr. W.D. Tenn. · 1998 · confidence medium
It is “axiomatic that attorney’s fees are not recoverable unless the applicant has obtained court approval.” In re Marshall, 211 B.R. 662, 664 (Bankr.D.Minn.1997) (citing Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986), and In re Mork, 19 B.R. 947, 948 (Bankr.D.Minn.1982)).
discussed Cited as authority (rule) In Re Marshall
Bankr. D. Minn. · 1997 · confidence medium
Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) (holding that, in absence of court approval, “applications for fees should be denied.”); In re Mork, 19 B.R. 947, 948 (Bankr.D.Minn.1982) (holding that application of this rule has been “uniform[] and without exception ... in the bankruptcy court in the District of Minnesota....”).
cited Cited as authority (rule) Huisinga v. Craig & Nichols, P.C. (In Re Byrd)
D.S.D. · 1993 · confidence medium
Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986).
discussed Cited as authority (rule) In Re Schubert
S.D.N.Y. · 1992 · confidence medium
See, e.g., F/S Airlease II, Inc. v. Simon, 844 F.2d 99 , 105-08 (3d Cir.), cert. denied, 488 U.S. 852 , 109 S.Ct. 137 , 102 L.Ed.2d 110 (1988); In Matter of Arkansas Co., 798 F.2d 645, 648-50 (3d Cir.1986); Lavender v. Wood Law Firm, 785 F.2d 247, 248-49 (8th Cir.1986) (per curiam); In Matter of Triangle Chemicals, Inc., 697 F.2d 1280, 1289 (5th Cir.1983); see also In Matter of Ladycliff College, 35 B.R. 111, 113 (Bankr.S.D.N.Y.1983) (“Central to [ 11 U.S.C. § 327 (a)] is the requirement that there must be prior court authorization for both the person and the service or the person will not …
discussed Cited as authority (rule) In Re Offield
Bankr. W.D. Mo. · 1991 · confidence medium
In limited circumstances, “a bankruptcy court as a matter of fundamental fairness may exercise its discretion and enter a nunc pro tunc order authorizing compensation.” Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986).
discussed Cited as authority (rule) In Re Peoples Savings Corp.
Bankr. N.D. Ill. · 1990 · confidence medium
Co., 66 B.R. 488, 489 (Bankr.N.D.Ill.1986); In re Lavender v. Wood Law Firm, 785 F.2d 247, 249 (8th Cir.1986); In re Massetti, 60 B.R. 756, 759 (Bankr.E.D.Pa.1986); In re Roberts, 58 B.R. 65, 67 (Bankr.D.N.J.1986); In re Willamette Timber Systems, Inc., 54 B.R. 485, 489 (Bankr.
cited Cited as authority (rule) In Re Samford
Bankr. E.D. Mo. · 1989 · confidence medium
Lavender v. Wood Law Firm at 248.
cited Cited as authority (rule) In Re Tri-County Water Ass'n, Inc.
Bankr. D.S.D. · 1988 · confidence medium
Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986).
examined Cited as authority (rule) In Re Westside Creek Ltd. Partnership (3×) also: Cited "see"
Bankr. E.D. Ark. · 1988 · confidence medium
An attorney is not entitled to compensation from the estate in a case under chapter 11 unless prior thereto an order is entered approving the employment of the attorney pursuant to 11 U.S.C. § 327 (a) and Bankruptcy Rule 2014(a). 2 See Credit Alliance Corp. v. Boies (In re Crook), 79 B.R. 475, 477 (Bankr. 9th Cir.1987); Lavender v. Wood *180 Law Firm, 785 F.2d 247, 248 (8th Cir.1986); Albers v. Dickinson, 127 F.2d 957, 961 (8th Cir.1942); In re Independent Sales Corp., 73 B.R. 772, 775-76 (Bankr.S.D.Iowa 1987); In re S.T.N.
discussed Cited as authority (rule) In re Rich Joyce Enterprises, Inc.
E.D.N.Y · 1987 · confidence medium
In re Certain Special Counsel to Boston & Maine Corp., 737 F.2d 115, 119 (1st Cir.1984); Matter of Arkansas Company, Inc., 798 F.2d 645 (3rd Cir.1986); Triangle Chemicals Inc. v. Hensley, 697 F.2d 1280 (5th Cir.1983); Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986); Matter of Laurent Watch Co., 539 F.2d 1231 (9th Cir.1976); In re Stuart, Inc., 16 B.R. 296 (Bankr.W.D,N.Y.1981); In the Matter of Kero-Sun, Inc., 44 B.R. 121, 124 (Bankr.D.Conn.1984).
cited Cited as authority (rule) Matter of Independent Sales Corp.
Bankr. S.D. Iowa · 1987 · confidence medium
Lavender v. Wood, 785 F.2d 247, 248 (8th Cir.1986).
discussed Cited "see" In re Living Hope Southeast, LLC
Bankr. E.D. Ark. · 2012 · signal: see · confidence high
See In re NWFX, Inc., 267 B.R. 118 (Bankr.W.D.Ark.2001) ("Recognizing the bankruptcy courts’ equitable powers, the Eighth Circuit Court of Appeals stated that, 'in limited circumstances, the bankruptcy court as a matter of fundamental fairness may exercise its discretion and enter a nunc pro tunc order authorizing compensation.’ ”) (quoting Lavender v. Wood Law Firm, 785 F.2d 247, 248-49 (8th Cir.1986)).
discussed Cited "see" In Re Grimes (2×)
Bankr. D.S.D. · 1990 · signal: see · confidence high
See Lavender v. Wood Law Firm, 785 F.2d 247 (8th Cir.1986).
cited Cited "see" In the Matter of Bill K. Hargis and Marilyn E. Hargis, Debtors. Palmer & Palmer, P.C. v. United States Trustee
5th Cir. · 1989 · signal: see · confidence high
See Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986); In re WPMK, Inc., 42 B.R. [166] 157, 161 (Bankr.D.Haw.1984); In re Kero-Sun, Inc., 58 B.R. 770, 780 (Bankr.D.Conn.1986).
discussed Cited "see" Matter of King
W.D. Mo. · 1989 · signal: see · confidence high
See Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) ("An attorney hired to represent a debtor-in-possession must . . . receive court approval prior to being compensated by the estate. . . .
discussed Cited "see" Miner v. Westergren (In re King)
W.D. Mo. · 1989 · signal: see · confidence high
See Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) (“An attorney hired to represent a debtor-in-possession must ... receive court approval prior to being compensated by the es-tate_ Without such prior approval, ordinarily subsequent applications for fees should be denied and the funds received should be ordered returned to the estate.”); Matter of Triangle Chemicals, Inc., 697 F.2d 1280, 1282-84 (5th Cir.1983) (explaining that although section 327(a) refers specifically to the trustee, the word “trustee” is identical to “debtor in possession” for Chapter 11 purposes an…
discussed Cited "see, e.g." Padgett v. Nicholson (2×)
Fed. Cir. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Lavender v. Wood Law Firm, 785 F.2d 247, 248 (8th Cir.1986) ("[T]he bankruptcy court as a matter of fundamental fairness may exercise its discretion and enter a nunc pro tunc order . . . ."); In re Triangle Chems., Inc., 697 F.2d 1280, 1289 (5th Cir.1983) (same); see also Cont'l Cas.
discussed Cited "see, e.g." In Re Keren Ltd. Partnership
S.D.N.Y. · 1998 · signal: see also · confidence medium
In re Jarvis, 53 F.3d 416, 420 (1st Cir.1995); In re F/S Airlease II, Inc. v. Simon, 844 F.2d 99 , 105-08 (3d Cir.1988); See also Lavender v. Wood Law Firm, 785 F.2d 247, 248-49 (8th Cir.1986) (per curiam).
Retrieving the full opinion text from the archive…
J.L. LAVENDER and Mary Lavender, Individually, and J.L. Lavender D/B/A Lavender Construction Company, Appellees,
v.
WOOD LAW FIRM, Appellant
85-1690.
Court of Appeals for the Eighth Circuit.
Mar 3, 1986.
785 F.2d 247
1986 U.S. App. LEXIS 22595
C. Keith Griffith, Little Rock, Ark., for appellant.
Arnold, Henley, Gibson.
Cited by 42 opinions  |  Published
PER CURIAM.

The Wood Law Firm appeals a district court’s [1] summary affirmance of a bankruptcy court’s [2] order directing it to reimburse the bankruptcy estate for fees it had received. We affirm.

Appellant made this application for compensation pursuant to Bankruptcy Rule 2016 for services provided to J.L. Lavender and Mary Lavender, individually, and J.L. Lavender d/b/a Lavender Construction Company. The Lavenders are seeking reorganization under Chapter XI of the Bankruptcy Code. 11 U.S.C. §§ 1101 et seq. The bankruptcy court had authorized the Lavenders to employ appellant to represent them as debtors-in-possession. Appellant sought $23,951.00 in fees for work done between October 1, 1982 and November 16, 1983. Appellant admitted having been previously paid $16,022.33 by the Lavenders. These payments were made without notice to creditors and without specific court approval. The bankruptcy court denied appellant’s application and ordered it to reimburse the estate for funds received without authorization. The bankruptcy court did authorize appellant to receive $8,337.27 in fees and expenses to be paid once appellant reimburses the estate. The district court summarily affirmed the bankruptcy court’s order.

An attorney hired to represent a debtor-in-possession must give notice to creditors and receive court approval prior to being compensated by the estate. 11 U.S.C. § 330; Bankruptcy Rule 2016. Without such prior approval, ordinarily subsequent applications for fees should be denied and the funds received should be ordered returned to the estate. However, in limited circumstances, the bankruptcy court as a matter of fundamental fairness may exercise its discretion and enter a nunc pro tunc order authorizing compensation. See In re Triangle Chemicals, Inc., 697 F.2d 1280, 1284-85 (5th Cir.1983). This discretion arises from the bankruptcy court’s powers as a court of equity. See Johnson v. First National Bank of Monte [*249] video, 719 F.2d 270, 273 (8th Cir.1983), cert. denied, 465 U.S. 1012, 104 S.Ct. 1015, 79 L.Ed.2d 245 (1984). [3]

Here, appellant clearly failed to comply with the notice and application requirements of the Bankruptcy Code and Rules. The bankruptcy court refused to exercise its discretion to retroactively authorize appellant’s request. The facts of this case support the court’s restraint. Appellant had sufficient experience to know of the Code’s notice and application requirements. Moreover, the record indicates a general lack of activity and success on the part of the appellant in moving the case forward. Therefore, we affirm the court’s direction to the appellant to reimburse the estate for fees received without approval.

1

. The Honorable Elsijane T. Roy, United States District Judge, Eastern and Western Districts of Arkansas.

2

. The Honorable James G. Mixon, United States Bankruptcy Judge, Eastern and Western Districts of Arkansas.

3

. Such exercise of discretion is not barred by this court’s decision in Albers v. Dickinson, 127 F.2d 957 (8th Cir.1942). That decision was explicitly limited to interpretation of Supreme Court orders promulgated under the old Bankruptcy Act. Moreover, Albers did not address the question whether nunc pro tunc orders could be issued in proper circumstances.