Legal Opinion
Specker Motor Sales Co. v. Eisen
District Court, W.D. Michigan
Decided June 20, 2003No. 2:03-cv-00079PublishedCited by 11 opinions
1Opinion of the Court
OPINION
ENSLEN, District Judge.
This bankruptcy appeal raises a question regarding whether 11 U.S.C. § 726(b) mandates disgorgement of interim payments to professionals to effect pro rata distribution of Chapter 11 administrative debts or leaves disgorgement to the court’s discretion. The Court will affirm the Order of the Bankruptcy Court.
I. Background
The facts are not in dispute and are as follows. Plaintiff filed a voluntary Chapter 11 petition on March 18, 1997 with the assistance of counsel, who was paid a retainer of $10,000.00. The Bankruptcy Court approved counsel’s employment by Order…
2Cases cited17 opinions
- Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
- United States v. NolandSupreme Court of the United States · 1996
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- Adams v. City of MilwaukeeSupreme Court of the United States · 1913
- Clarke v. RogersSupreme Court of the United States · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rus, Miliband & Smith v. Yoo (In Re Dick Cepek, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- In Re US Flow Corp.United States Bankruptcy Court, W.D. Michigan · 2005
- In Re Dental Profile, Inc.United States Bankruptcy Court, N.D. Illinois · 2011
- In Re Chewning & Frey Security, Inc.United States Bankruptcy Court, N.D. Georgia · 2005
- In Re Rockaway Bedding, Inc.United States Bankruptcy Court, D. New Jersey · 2011
6 more not listed; retrieve them via the Exa API.