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United States Ninth Circuit


In re: Wind N' Wave, 05-56254

Creditors who receive compensation under Bankruptcy Code section 503(b)(4) should also be compensated for costs incurred in litigating a fee award, so long as the services meet the section 503(b)(4) requirements and the case "exemplifies a 'set of circumstances' where litigation was 'necessary'." (Superseding opinion)

Appellate Information

  • Argued 06/06/2007
  • Decided 12/03/2007
  • Published 12/03/2007

Judges

  • Before:  CYNTHIA HOLCOMB HALL and CONSUELO M. CALLAHAN, Circuit Judges, and LYLE E. STROM, Senior District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • James E. Adler, Law Offices of David B. Bloom, Los Angeles, CA, for the appellants.

  • For Appellees:
  • Eric P. Israel and Frank X. Ruggier, Danning, Gill, Diamond & Kollitz, Los Angeles, CA, for the appellee.
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