United States Eighth Circuit

In consolidated bankruptcy proceedings wherein the bankruptcy court denied a motion seeking recusal of the bankruptcy judge, approved a settlement negotiation, denied a motion for hearing on the settlement, and approved an award of attorneys' fees, judgment is affirmed where: 1) the recusal motion was made untimely; 2) upon reviewing the totality of the circumstances, the bankruptcy court did not abuse its discretion in approving the settlement agreement or denying the motion for settlement hearing; and 3) because the fee award was only challenged on the basis of a conflict and not contested as to whether the amount was reasonable, the court did not abuse its discretion in its award of attorneys' fees.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

• RILEY, Circuit Judge., Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jerry L. Strasheim, argued, Omaha, NE, for Appellant.


• For Appellees:
  
• Roger W. Damgaard, Patrick T. Dougherty, Clair R. Gerry, argued, James C. Robbennolt, Sander J. Morehead, on the brief, Sioux Falls, SD, for Appellees.