In re Campos Wholesale Inc.

Good Law
1994 WL 171167·166 B.R. 914·1994 U.S. Dist. LEXIS 5252
United States District Court, Northern District of CaliforniaApril 19, 1994Nos. C-93-2630, C-93-2942 and C-93-3154California2,362 words

Opinion

Lead Opinion

Wilken, J.

OPINION AND ORDER IN CONSOLIDATED APPEAL AFFIRMING ORDERS OF BANKRUPTCY COURT

I.

INTRODUCTION

This matter came on regularly for hearing on March 25, 1994 before the Northern District of California, the Honorable Claudia Wilken presiding, on the consolidated appeal of the United States Trustee from the orders of the bankruptcy court in three separate actions awarding attorney Ray Olmstead fees at rate determined to be reasonable rather than at the billing rate mentioned in the applications for authorization of employment. This Court took the matter under submission. Based upon the written submissions and oral arguments of all counsel, the Court now affirms the orders of the bankruptcy court.

II.

JURISDICTION AND STANDARD OF REVIEW

The district court has jurisdiction over this appeal pursuant to 28 U.S.C. § 158 (a).

The bankruptcy court’s award of attorneys’ fees will not be disturbed on appeal absent an abuse of discretion or an erroneous application of the law. Unsecured Creditors’ Committee v. Puget Sound Plywood Inc., 924 F.2d 955, 957 (9th Cir.1991). The bankruptcy court’s findings of fact are binding on the district court unless clearly erroneous. Id. The bankruptcy…

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