context: The bankruptcy court also correctly held that Olson is not entitled to be compensated from the estate to prosecute the state court appeal or to handle the dischargeability litigation. The clear weight of authority supports the proposition that reasonable compensation under SS 330(a)(1) for actual, necessary services means services that benefit the debtor's estate, not the debtor.
citation_a.signal: but see
citation_a.identifier: 80 B.R. 1, 2
citation_a.parenthetical: debtor's attorney entitled to compensation under SS 330 for defense of dischargeability complaint
citation_a.sentence: See, e.g., Matter of Ryan, 82 B.R. 929, 931-32 (N.D.Ill.1987) (all decisions interpreting § 330 of Bankruptcy Code carry over near-unanimous view that, as a matter of law, attorneys may recover from the estate only if their labors actually benefit the estate); In re Taylor, 66 B.R. 390, 395 (Bankr.W.D.Pa.1986); In re Moore, 57 B.R. 270, 271 (Bankr.W.D.Okla.1986); Matter of Zweig, 35 B.R. 37, 38 (Bankr.N.D.Ga.1983); In re Rosen, 25 B.R. 81, 86 (Bankr.D.S.C. 1982); see also Matters of Jones, 665 F.2d 60 (5th Cir.1982) (per curiam) (Bankruptcy Act case) (fees related to defending against objections to discharge not payable from estate); In re Cleveland, 80 B.R. 204, 205 (Bankr.S.D.Cal.1987) (case law is well-settled that an attorney for a debtor in a chapter 7 case is Hot entitled to compensation out of the estate for services beneficial only to debtor; defense of non-discharge-ability action not compensable out of estate); but see In re Deihl, 80 B.R. 1, 2 (Bankr.D.Maine 1987) (debtor’s attorney entitled to compensation under § 330 for defense of dischargeability complaint).
citation_b.signal: see also
citation_b.parenthetical: fees related to defending against objections to discharge not payable from estate
citation_b.sentence: See, e.g., Matter of Ryan, 82 B.R. 929, 931-32 (N.D.Ill.1987) (all decisions interpreting § 330 of Bankruptcy Code carry over near-unanimous view that, as a matter of law, attorneys may recover from the estate only if their labors actually benefit the estate); In re Taylor, 66 B.R. 390, 395 (Bankr.W.D.Pa.1986); In re Moore, 57 B.R. 270, 271 (Bankr.W.D.Okla.1986); Matter of Zweig, 35 B.R. 37, 38 (Bankr.N.D.Ga.1983); In re Rosen, 25 B.R. 81, 86 (Bankr.D.S.C. 1982); see also Matters of Jones, 665 F.2d 60 (5th Cir.1982) (per curiam) (Bankruptcy Act case) (fees related to defending against objections to discharge not payable from estate); In re Cleveland, 80 B.R. 204, 205 (Bankr.S.D.Cal.1987) (case law is well-settled that an attorney for a debtor in a chapter 7 case is Hot entitled to compensation out of the estate for services beneficial only to debtor; defense of non-discharge-ability action not compensable out of estate); but see In re Deihl, 80 B.R. 1, 2 (Bankr.D.Maine 1987) (debtor’s attorney entitled to compensation under § 330 for defense of dischargeability complaint).