Page:Baker Botts L.L.P. v. ASARCO LLC.pdf/22

142 reconcile its narrow interpretation of “reasonable compensation” with §330(a)(6)’s provision for fee-application preparation fees.

In my view, the majority is wrong to distinguish between the costs of fee preparation and the costs of fee litigation. Cf. Jean, 496 U. S., at 162 (“We find no textual or logical argument for treating … differently a party’s preparation of a fee application and its ensuing efforts to support that same application”). And the majority should not distinguish between the compensability of fee litigation under the Equal Access to Justice Act and fee litigation under the Bankruptcy Code. Its decision to do so creates anomalies and undermines the basic purpose of the Bankruptcy Code’s fee award provision.

For these reasons, I respectfully dissent.