My article presents original empirical research on the issue of “No Look” or presumptively approved attorneys’ fees in consumer Chapter 13 bankruptcy cases. 11 U.S.C. §330 requires court approval of attorneys’ fees. Courts are frequently unable to address the volume of applications if individual review is required. As such, many courts have set presumptively approved attorneys’ fees in which the attorneys’ fees for routine services are approved administratively. Circuits are split as to whether this practice can be rationalized with existing caselaw, the Bankruptcy Code or legislative intent. My study examines the practices of each Bankruptcy Court and finds a haphazard tapestry of fees, policies and procedures. To address these issues, I propose specific language to amend §330.
Click here to read my article “‘No Look’ Attorneys’ Fees and the Attorneys Who Are Looking: An Empirical Analysis of Presumptively Approved Attorney’s Fees in Ch. 13 Bankruptcies and a Proposal for Reform,” 20 American Bankruptcy Institute Law Review 291 (2012).
