Pricewaterhouse v. Litzler

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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United States Court of Appeals
Fifth Circuit
F I L E D
May 13, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-11323
In the Matter Of: HARBOUR FINANCIAL GROUP INC.
Debtor
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PRICEWATERHOUSECOOPERS, LLP,
Appellant,
VERSUS
JOHN H. LITZLER,
Appellee.
Appeal from the United States District Court
For the Northern District of Texas, Dallas Division
(00-CV-1283)
Before HIGGINBOTHAM, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Pricewaterhousecoopers, LLP (PWC) appeals from the district
court’s decision affirming the fee award made by the bankruptcy

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court to PWC for its work on the ultimately unsuccessful Chapter 11
reorganization of Harbour Financial Group. The award, made
pursuant to 11 U.S.C. § 330, reduced PWC’s requested fees from
$613,933.50 to $207,928.00, and its requested expenses from
$63,777.91 to $13,277.15. On appeal PWC argues that the bankruptcy
court and district court both erred in so reducing its fees and
expenses.
We review the bankruptcy court’s professional fee
determinations for an abuse of discretion. In the Matter of
Evangeline Refining Co., 890 F.2d 1312, 1325 (5th Cir. 1989). The
bankruptcy court abuses its discretion only where it applies an
incorrect legal standard, erroneous fee calculation procedures, or
bases an award on a finding of fact that is clearly erroneous. Id.
Finding that the bankruptcy court did not abuse its
discretion, the judgment of the district court is AFFIRMED.

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