Local Rule DCt.LBR 8020-1: AWARD OF ATTORNEY'S FEES
D.D.C. — General rule
DCt.LBR 8020-1 AWARD OF ATTORNEY'S FEES
(a) MOTION REQUIRED.
A claim for attorney's fees and related nontaxable expenses incurred in an appeal must be made by motion.
(b) MOTIONS FOR ATTORNEY'S FEES FOR MISCONDUCT IN APPEAL.
Motions seeking attorney's fees under Bankruptcy Rule 8020 for misconduct in the District Court must be filed in the District Court. DCt.LCvR 54.2 applies to the determination of attorney's fees pursuant to a motion filed under Bankruptcy Rule 8020.
(c) MOTIONS FOR ATTORNEY'S FEES OTHER THAN UNDER BANKRUPTCY RULE 8020.
Except for motions under Fed. R. Bankr. P. 8020, a motion for recovery of attorney's fees incurred in an appeal:
(1) is referred to the Bankruptcy Court by operation of DCt.LBR 5011-1 and must be filed with the Clerk of the Bankruptcy Court, with the motion bearing the caption of the Bankruptcy Court; and
(2) unless a statute or order provides otherwise, the motion must be filed within 14 days after entry of the final judgment or order disposing of the appeal, and shall be disposed of in accordance with the LBRs of the Bankruptcy Court.
COMMENT TO DCt.LBR 8020-1: Bankruptcy Rule 8020 is not the exclusive basis for an award of attorney's fees incurred in an appeal: sometimes a statute authorizes a bankruptcy court that has dismissed a case or adversary proceeding to award attorney's fees (and nontaxable expenses) against the losing party. See, e.g., 11 U.S.C. §§ 303(i) and 523(d). Rule 8020-1(c) recognizes that motions to recover such attorney's fees, including those relating to the appeal, ordinarily should be heard in the Bankruptcy Court. When a party believes that the reference to the Bankruptcy Court of a motion to award attorney's fees incurred in the appeal should be withdrawn, the parties should comply with the DCt.LBRs governing withdrawal of the reference.