Legal Opinion

In Re Glimcher

United States Bankruptcy Court, D. Arizona

Decided May 8, 2012No. 2:11-bk-15333-RJHPublishedCited by 1 opinion

1Opinion of the Court

OPINION RE: TURNOVER OF RETAINERS

RANDOLPH J. HAINES, Bankruptcy Judge.

The threshold issue here, and perhaps the only issue, is when does a retainer become the attorney’s money instead of the client’s. This matter comes before the Court on the Chapter 7 1 Trustee’s Motion to Compel Turnover, and the response filed by Jennings, Strouss, & Salmon, P.L.C. (“JSS”). The Trustee has requested an order from the Court compelling turnover of the pre-petition retainers paid to both JSS and also the pre-petition retainer paid to Wright Tax Solutions (“Wright” or “Wright Tax Solutions”).

Based on the…

2Cases cited5 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. In Re BlackburnUnited States Bankruptcy Court, D. Idaho · 2011
  4. Matter of SwartzArizona Supreme Court · 1984
  5. Matter of HirschfeldArizona Supreme Court · 1998

3Cited by1 opinion

  1. Boy Scouts of America and Delaware BSA LLC v.Court of Appeals for the Third Circuit · 2025

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