In Re Filiae Eliapo in Re Judy Eliapo, Debtors, Law Offices of David A. Boone v. Devin Derham-Burk U.S. Trustee

This appeal concerns the appropriate standards and procedures for awarding attorney’s fees in connection with Chapter 13 bankruptcy petitions. The Bankruptcy Court for the Northern District of California has established three means by which a debtor’s attorney may obtain a fee award in a Chapter 13 case. The attorney may (1) submit a fee application under “no-look” guidelines that establish presumptive fees for a “basic case” and specified variations thereon, (2) submit a detailed fee application based on the hours actually spent on the case, or (3) first submit a no-look application and later submit a detailed application seeking additional fees based on the hours actually spent.

In this case, Appellant Law Offices of David A. Boone (“Boone”) initially submitted a fee application under the no-look guidelines. Boone later submitted a second fee application in which he sought additional fees based on the hours actually spent. In ruling on the second application, the bankruptcy court allowed a fee for a “basic case” based on the no-look guidelines and some additional fees according to the hours actually spent, but it refused to allow the full amount of fees requested. The BAP…