Legal Opinion
In Re: Martha Sanchez, Debtor. Martha Sanchez v. Robert L. Gordon, Dba Gordon and Associates
Court of Appeals for the Ninth Circuit
Decided March 5, 2001No. 99-56225PublishedCited by 7 opinions
1Opinion of the Court
SCHROEDER, Chief Judge:
The question before us in this bankruptcy appeal is whether a Chapter 7 debtor’s attorney violated the automatic stay provision of 11 U.S.C. § 362 by collecting legal fees for post-petition services in an amount greater than the bankruptcy court later determined to be reasonable. We hold that where, as here, the attorney had no reason to know that the court would later hold that part of his fees were excessive, there was no violation.
This appeal represents another in a series of appeals over the ability of attorneys for Chapter 7 debtors to collect fees under deferred…
2Cases cited5 opinions
- Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
- In Re MartinUnited States Bankruptcy Court, D. Colorado · 1996
- In Re: Brenda F. Hines, Debtor. Robert L. Gordon v. Brenda F. HinesCourt of Appeals for the Ninth Circuit · 1998
- 97 Cal. Daily Op. Serv. 2365, 97 Cal. Daily Op. Serv. 3328, 97 Daily Journal D.A.R. 4238, 97 Daily Journal D.A.R. 5746 in Re Jennifer Biggar, Donna Martinez, Martin Clark, Debtors. Hessinger and Associates v. U.S. TrusteeCourt of Appeals for the Ninth Circuit · 1997
- Hines v. Gordon (In Re Hines)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
3Cited by7 opinions
- 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
- In Re: John Fickling, Debtor. John Fickling, Debtor-Appellee v. Flower, Medalie & Markowitz, Esqs.Court of Appeals for the Second Circuit · 2004
- Welsh v. CaseCourt of Appeals of Oregon · 2002
- Knutson v. Tredinnick (In Re Tredinnick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- 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
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