Legal Opinion
Barron v. Countryman
Court of Appeals for the Fifth Circuit
Decided December 7, 2005No. 04-40462PublishedCited by 40 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Robert Barron, a bankruptcy attorney, appeals the judgment of the bankruptcy and district courts ordering him to disgorge fees taken both pre- and postpetition from clients who utilized his services in one hundred sixty-seven Chapter 13 bankruptcies. The courts erred in construing Barron’s retainer agreements to require escrow of the prepetition “deposits” earned for prepetition services. Neither Texas professional ethics standards nor applicable Bankruptcy Code provisions and court rules support the courts’ results. We do, however, affirm the order to disgorge…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re McDonald Bros. Construction, Inc.United States Bankruptcy Court, N.D. Illinois · 1990
- In Re Chapel Gate Apartments, Ltd.United States Bankruptcy Court, N.D. Texas · 1986
- In the Matter of James A. Maddox, Debtors. Tower Loan of Mississippi, Inc. v. James A. Maddox, Jr., and Harold J. Barkley, Jr., TrusteeCourt of Appeals for the Fifth Circuit · 1994
- In the Matter of Thomas Robert Gilchrist, Debtor. Thomas Robert Gilchrist v. Carl H. WestcottCourt of Appeals for the Fifth Circuit · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re BergUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- Reese Baker v. Lowell CageCourt of Appeals for the Fifth Circuit · 2013
- Disciplinary Board of the Supreme Court v. HannNorth Dakota Supreme Court · 2012
- White v. Coyne, Schultz, Becker & Bauer, S.C. (In re Pawlak)United States Bankruptcy Court, W.D. Wisconsin · 2012
- In re HirschUnited States Bankruptcy Court, W.D. Michigan · 2016
35 more not listed; retrieve them via the Exa API.