166031P.pdf   05/18/2017  Stephen McCormick  v.  Starion Financial
   U.S. Court of Appeals Case No:  16-6031
   U.S. Bankruptcy Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Chief Judge Saladino, Author, with Federman and Shodeen, 
   Bankruptcy Judges] 
   Bankruptcy Appellate Panel - Chapter 11 - Attorneys fees. For review of 
   this court's prior opinion, see Starion Fin. v. McCormick, 523 B.R.151 
   (B.A.P., 8th Cir. 2014. On remand to consider the timeliness and 
   reasonableness of the fees and costs, the bankruptcy court concluded the 
   untimely submission of a request for fees was not a material breach of the 
   plan and awarded a reduced amount of fees and costs. The debtors appeal. 
   This court's prior opinion is not clearly erroneous and does not work a 
   manifest injustice; thus, it is the law of the case and will not be 
   reopened. The bankruptcy court did not err in applying materiality factors 
   in determining timeliness and did not err in holding a short delay in 
   submitting request for attorneys fees was not a material breach of the 
   plan. The bankruptcy court did not abuse its discretion in determining the 
   reasonableness of the fees and reducing the fees rather than denying all 
   the fees.