Kotts v. Westphal

John R. Kotts appeals from the district court’s1 affirmance of the bankruptcy courts’ refund orders under 11 U.S.C. § 329. For reversal, Kotts argues that the bankruptcy court had no authority to order a refund because Kotts represented debtors rather than debtors-in-possession, and that the nature of the hearing and supporting evidence violated Kotts’s right to due process. We affirm.

Kotts, a bankruptcy attorney, commenced ten Chapter 11 reorganization proceedings for clients between October, 1980, and August, 1981, but never applied to the court under 11 U.S.C. § 327(a) for approval of…