Meronk

Arter & Hadden LLP v. Meronk

Good Law
24 F. App'x 737
United States Court of Appeals for the Ninth CircuitDecember 6, 2001No. 00-55996; BAP No. CC-99-01628-KDBCalifornia580 words

Opinion

Lead Opinion

MEMORANDUM *

Arter & Hadden, LLP (“Arter”) appeals the Bankruptcy Appellate Panel’s (“BAP”) reversal of the bankruptcy court’s $50,000 bonus award to Arter as special counsel for Frank and Evelyn Meronk’s (“Meronks”) bankruptcy estate. Arter argues that it deserved a bonus because it obtained results that are not reflected in its standard hourly rate or number of hours worked. We have jurisdiction under 28 U.S.C. § 158 (d) (2001), and we affirm the BAP’s reversal of the bankruptcy court’s award.

Because the parties are familiar with the facts, we recite only those that are integral to our decision.

1. The Bankruptcy Court Abused Its Discretion In Granting the $50,000 Bonus.

On appeal from the BAP, we review the bankruptcy court’s decision independently. Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). A bankruptcy court’s fee award will not be disturbed absent an abuse of discretion or erroneous application of law. Gold Coast Asset Acquisition, LP v. 1441 Veteran St. Co. (In re 1441 Veteran St. Co.), 144 F.3d 1288, 1290 (9th Cir.1998).

There is a strong presumption that payment of an attorney’s standard hourly rate constitutes reasonable compensation.…

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