GOOD NEWS! THE NINTH CIRCUIT HAS MOTIVATED ATTORNEYS FOR PREVAILING PLAINTIFFS!
For the past year, our local courts have reduced our fees requested when we prevail against suing creditors and providing other bankruptcy services. While we did not agree with these decisions, we also purposely chose not to appeal since we were waiting for the decision of Moreno v. City of Sacramento, 2008 U.S. App. LEXIS 15951 (9th Cir. Cal. July 28, 2008). Well, the Ninth Circuit has now ruled, and as expected, the District Court ruling reducing attorney fees was wrong. Instead, attorney fees must be paid as requested by the losing party, unless sufficient evidence exists by an objecting party. The days of the “gut feeling” reductions by judges are OVER! So what does this mean? The bottom line is that our firm and other firms are once again motivated to represent our clients to the fullest extent allowable by law without any undue influence by a Court reducing our fees based upon their arbitrary opinion. To read more, please click my national blog here. Written by Michael G. Doan