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Legal Opinion

In Re: Brenda F. Hines, Debtor. Robert L. Gordon v. Brenda F. Hines

Court of Appeals for the Ninth Circuit

Decided July 16, 1998No. 96-55735PublishedCited by 56 opinions

1Opinion of the Court

SHADUR, District Judge:

This small-dollars but large-issue litigation poses a problem that pervades each of the many thousands of no-asset or low-asset personal bankruptcies in the federal court system: the legal posture of the attorneys’ fees paid or payable by Chapter 7 debtors. Whether the debtor is required by his or her attorney to pay all of the fees up front — even before the filing in bankruptcy — or, as here, enters into a prefiling arrangement for payment of the fees (or a material portion of the fees) after filing, the legal status of the fees attributable to postpetition services…

2Cases cited12 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  3. In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
  4. In Re Keith v. Pinkstaff Linda L. Pinkstaff, Debtors. Keith v. Pinkstaff Linda L. Pinkstaff v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  5. In the Matter of Daisy M. Prudhomme and John and Kathleen Batten, Debtors. John F. Arens v. Al Boughton, TrusteeCourt of Appeals for the Fifth Circuit · 1995

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

3Cited by56 opinions

  1. Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005
  2. Albert Bethea v. Robert J. Adams & Associates Law Offices of Melvin James Kaplan and Zalutsky & Pinski, Ltd.Court of Appeals for the Seventh Circuit · 2003
  3. In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  4. In Re GriffinUnited States Bankruptcy Court, N.D. Illinois · 2004
  5. In Re WaldoUnited States Bankruptcy Court, E.D. Tennessee · 2009

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

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