Kelly v. Giguere (In re Giguere)

ORDER DENYING DEBTOR’S MOTION TO DISQUALIFY

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Before the Court is the Debtor’s 28 U.S.C. § 455 request that the undersigned “be disqualified in the within proceedings,” on the ground that our March 10, 1995, Order regarding attorney’s fees “casts a cloud of partiality over these proceedings.” This is so, the Debtor argues, because the denial of the fee application of Miller, Scott, Howe & Kelly, without prejudice, also provided that “[t]he movant is free to file a request for fees under 11 U.S.C. § 503(b) in the bankruptcy proceeding.” Although the Movant…