As reported by Robin Miller of CBAR, a bankruptcy court’s decision regarding an award of attorney’s fees is reviewed for an abuse of discretion. In re Boddy, 950 F.2d 334 (6th Cir. 1991).
An abuse of discretion occurs where the bankruptcy court “relied upon clearly erroneous findings of fact, improperly applied the governing law or used an erroneous legal standard.” In re Williams, 357 B.R. 434 (6th Cir. B.A.P. 2007). An abuse of discretion is defined as a “definite and firm conviction that the [court below] committed a clear error of judgment.” The question is not how the reviewing court would have ruled, but rather whether a reasonable person could agree with the bankruptcy court’s decision; if reasonable persons could differ as to the issue, then there is no abuse of discretion. In re Eagle–Picher Indus., Inc., 285 F.3d 522 (6th Cir. 2002).
In re Berry, 2014 WL 4471438 (E.D. Mich., Sept. 4, 2014)
(case no. 5:14-cv-12029) (District Judge Judith E. Levy)