In re Warner Springs Partnership

MEMORANDUM DECISION

This is an action by several Warner Springs Ranch Co-Owners (“Co-Owners”) for payment of attorney fees under 11 U.S.C. § 503 (b)(3) and (4).

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No.'312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(A).

FACTS

This case was commenced in April of 1992 when an involuntary petition was filed against the debtor under Chapter 7 of the Bankruptcy Code. The case was subsequently converted to one under Chapter 11.

In February 1995, debtor filed a motion for approval of a disclosure statement for a plan of reorganization calling for the forced sale of approximately 1,240 undivided interests (“UDI’s”) by approximately 1,600 Co-Owners. Debtor also commenced an adversary proceeding against each of the Co-Owners, individually, seeking to sell their UDI’s pursuant to Bankruptcy Code § 363(f) and (h).

Debtor’s counsel informed counsel for the Ranehowners’ Association (“Association”), a major creditor of debtor, that debtor would strongly object to the Association’s attorneys…