In re Aaron Ferer & Sons Co.

Summary

The United States District Court for the District of Nebraska affirmed a bankruptcy court's award of $244,505 in attorney's fees to counsel for a Chapter XI debtor-in-possession. The court held that the bankruptcy court did not abuse its discretion by granting a rehearing, receiving additional evidence, or considering factors beyond hourly rates and hours worked in setting the fee award.

Holdings

1. The bankruptcy court properly granted a rehearing and permitted additional testimony because the motion was based on an error of law in the original fee determination, not merely an attempt to relitigate the same matter.
2. The attorney's-fee award was not excessive, and the bankruptcy court did not clearly err, commit legal error, or abuse its discretion in awarding $244,505.00.

Questions Presented

1. Whether the bankruptcy court abused its discretion by granting counsel a rehearing and permitting additional evidence on the attorney's-fee issue.
2. Whether the bankruptcy court's award of $244,505.00 in attorney's fees was excessive or otherwise erroneous.

Disposition

affirmed