United States Ninth Circuit

A Montana bankruptcy court's award of attorney's fees to a debtor-in-possession is reversed where an automatic stay triggered by an earlier bankruptcy petition, filed in another court, enjoined the award of attorney's fees until after the expiration or lifting of the stay.

Appellate Information

• Argued 11/03/2004
• Decided 02/02/2005
• Published 02/02/2005

Judges

• ALARCÓN, Senior Circuit Judge., Before: ALARCÓN, W. FLETCHER, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jay T. Jorgensen, Sidley, Austin, Brown & Wood LLP, Washington, DC;  Deborah L. Carstens (on the briefs), Bullivant Houser Bailey PC, Seattle, WA;  Ann T. Wilson (on the briefs), Law Offices of Ann T. Wilson, Seattle, WA;  James A. Patten (on the briefs), Patten, Peterman, Bekkedahl & Green PLLC, Billings, MT;  Michele G. Radosevich (on the briefs), Davis, Wright & Tremaine, Seattle, WA, for the appellant.


• For Appellees:
  
• Jon R. Binney and Lon J. Dale (on the brief), Milodragovich, Dale, Steinbrenner & Binney PC, Missoula, MT, for the appellee.