Thomas v. Namba (In Re Thomas)

MEMORANDUM

Shari L. Thomas (“Thomas”) appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s order, on remand from the BAP, approving an application for attorneys’ fees submitted by Farmer & Ready (“Farmer”), counsel for the chapter 7 Trustee, under 11 U.S.C. § 330 . Thomas v. Namba, et al. (In re Thomas), 2009 WL 7751299 (9th Cir. BAP 2009). Thomas argues (1) that the bankruptcy court abused its discretion by approving the application for fees without contemporaneous fee records, in violation of § 330; (2) that the bankruptcy court abused its discretion by awarding full fees for travel time; and (3) that the bankruptcy court erred when it concluded that Thomas was barred from challenging fees on the basis that the sale of her property was unnecessary. We affirm.

“We review decisions of the BAP de novo. When a decision of the bankruptcy court is on appeal from the BAP, we independently review the bankruptcy court’s decision.” Burnett v. Resurgent Capitol Serv. (In re Burnett), 435 F.3d 971, 975 (9th Cir.2006) (internal quotation marks and citations omitted). “We will not disturb a bankruptcy court’s award of attorneys’ fees unless the…