Bankruptcy Mastery

Becoming a better bankruptcy lawyer

  • Home
  • About Cathy
  • Contact Cathy
  • Articles by Topic
    • Attorneys fees
    • Bankruptcy Practice
    • Before filing
    • Business bankruptcy
    • Cases new & significant
    • Counseling clients
    • Family Law in Bankruptcy
    • Means test
    • Opinionated
    • Real property
    • Rule 3002.1
    • Tax
  • Table of Contents
  • Start Here

Who Wants To Get Paid?

By Cathy Moran, Esq. Filed Under: Attorneys fees

dollar sign leo

Anyone interested in attorneys fees?

Are you filing adversaries and motions to collect money from creditors and other miscreants?

Then it’s worth looking at two snippets about attorneys fees that have floated across my radar screen.

FRCP 54

One of the participants at the Litigating on a Shoe String roundtable at the NACBA convention pointed out the deadline in Rule 54 to request attorneys fees.

Rule 54 contains a 14 day deadline after entry of judgment in which you can move for allowance of attorneys fees.  FRCP 54(d).

Another voice at the roundtable noted that local rules may alter that in your district.

But wait:  in bankruptcy adversaries and contested matters, only subsections a-c of the federal rule apply.

So, if your courtroom victory entitles you to attorneys fees, check your local bankruptcy rules .  In my division,  I saw a firm lose out on more than $50,000 in attorneys fees because their motion for fees was late.

FRBP 7008

Beware of FRBP 7008  warned the headline in an ABI Journal article in March.  Absent strict compliance, you may lose your attorneys fees.

Subsection (b) of the rule reads:

(b) Attorney’s Fees. A request for an award of attorney’s fees shall be pleaded as a claim in a complaint, cross-claim, third-party complaint, answer, or reply as may be appropriate.

The authors cited a number Ninth Circuit cases addressing the rule.  Fotouhi v. Mansdorf, 427 BR 798 (ND CA 2010);  DiSalvo, 221 BR 769 ( BAP 9th 1996) and Odom, 113 BR 623 (Bankr. CD CA  1990).

Pretty disappointing to be the counsel who wins the case, and loses the attorneys fees for failure to properly plead a right to fees.  Some reported cases treat a tardy request for fees as an amendment to the pleadings.  Personally, I’d rather not be in the position of having to cover my bases at trial.

Be explicit about what you want, up front.

More

Fee applications need a story

The $21K story

More from my site

  • What Keeps Me BusyWhat Keeps Me Busy
  • Get To The Heart Of This Lien BusinessGet To The Heart Of This Lien Business
  • Cautionary Tale re Bankruptcy, Attorneys and NoticeCautionary Tale re Bankruptcy, Attorneys and Notice
  • Client Horror Story Contains An Asset Of The Bankruptcy EstateClient Horror Story Contains An Asset Of The Bankruptcy Estate
  • When Delaying The Discharge May Benefit The DebtorWhen Delaying The Discharge May Benefit The Debtor
  • Wait, Wait, Don’t FileWait, Wait, Don’t File

Filed Under: Attorneys fees

[footer_backtotop]

Copyright © 2025 ·Prose · Genesis Framework by StudioPress · WordPress

Theme customization by Rowboat Media LLC