Legal Opinion

Miller v. United States Trustee (In Re Independent Engineering Co.)

Bankruptcy Appellate Panel of the First Circuit

Decided February 26, 1999No. BAP MB 97-098PublishedCited by 15 opinions

1Per curiam

The Debtor’s original attorney, Thomas Miller, (“Miller”), appeals from an order of the bankruptcy court vacating a prior order approving Miller’s application to be employed as Debtor’s counsel. In addition to vacating its prior order, the bankruptcy court disqualified Miller from serving as Debtor’s counsel and required Miller to disgorge all retainers and fees and return them to the Debtor. For the reasons set forth, we affirm.

JURISDICTION

Miller was disqualified as counsel to the Debtor and ordered to disgorge all fees. The disgorgement order is an order that “conclusively determine[d] a…

2Cases cited14 opinions

  1. In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
  2. In re Saco Local Development Corp.Court of Appeals for the First Circuit · 1983
  3. Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
  4. In Re Kendavis Industries International, Inc.United States Bankruptcy Court, N.D. Texas · 1988
  5. In Re SaturleyUnited States Bankruptcy Court, D. Maine · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. In Re Global Ocean Carriers Ltd.United States Bankruptcy Court, D. Delaware · 2000
  2. In Re Keller Financial Services of Florida, Inc.United States Bankruptcy Court, M.D. Florida · 2000
  3. In Re MayeauxUnited States Bankruptcy Court, E.D. Texas · 2001
  4. In re Sandpoint Cattle Co.United States Bankruptcy Court, D. Nebraska · 2016
  5. In re ChatkhanUnited States Bankruptcy Court, E.D. New York · 2012

10 more not listed; retrieve them via the Exa API.

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