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In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, Trustee

Court of Appeals for the Fifth Circuit

Decided February 18, 1983No. 81-2453PublishedCited by 206 opinions

1Opinion of the Court

TATE, Circuit Judge:

This is an appeal from a bankruptcy court’s final judgment denying attorney’s fees. Jurisdiction of this appeal is asserted upon the basis of 28 U.S.C. § 1293(b) (1978).

In what appears to be a case of first impression before this court, the narrow issue before us arises in the context of a requirement of bankruptcy statute and rule that no attorney shall be employed for a bankruptcy estate (here, a debtor in possession), except upon order by the court and upon compliance with certain procedural formalities. Here, an attorney for the debtor corporation continued to perform…

2Cases cited29 opinions

  1. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  2. New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
  3. In the Matter of Cle-Ware Industries, Inc., Debtor. Cle-Ware Industries, Inc. v. Howard SokolskyCourt of Appeals for the Sixth Circuit · 1974
  4. In Re Eureka Upholstering Co.Court of Appeals for the Second Circuit · 1931
  5. In Re Rogers-Pyatt Shellac Co.Court of Appeals for the Second Circuit · 1931

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3Cited by206 opinions

  1. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  2. 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
  3. In Re Auto-Train Corporation, Inc.Court of Appeals for the D.C. Circuit · 1987
  4. In Re S.T.N. Enterprises, Inc.United States Bankruptcy Court, D. Vermont · 1987
  5. In Re Chapel Gate Apartments, Ltd.United States Bankruptcy Court, N.D. Texas · 1986

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