In Re Riverside-Linden Investment Co., Debtor. Ralph O. Boldt, Trustee Estes & Hoyt v. Kathryn Crake Earl Hafer

Appellant law firm Estes and Hoyt (“E & H”) appeals the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the Bankruptcy Court’s denial of attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. section 158 (d) and affirm.

I.

E & H was hired by the Bankruptcy Trustee for debtor, Riverside-Linden Investment Company (“Riverside-Linden”), to assist in the sale of Riverside-Linden’s property and in the liquidation and winding up of the estate. On December 30,1987, E & H filed a final fee application which requested reimbursement for fees incurred (1) investigating an unopposed claim by the sole remaining creditor (“the Hafer claim”) while the estate was solvent; (2) opposing a motion by Kathryn Crake (“Crake”), a partner in Riverside-Linden, to dismiss the case or compel distribution; and (3) investigating the history and formation of Riverside-Linden in preparing tax returns. The final application noted that the request assumed no objections to the application. In the event the application was contested, E & H requested leave to file a supplemental fee application.

Crake objected to the final fee application. The Bankruptcy Court sustained Crake’s objections and…