Legal Opinion
In re Appalachian Star Ventures, Inc.
United States Bankruptcy Court, E.D. Tennessee
Decided March 9, 2006No. 93-35224PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
MARCIA PHILLIPS PARSONS, Bankruptcy Judge.
In Speaker Motor Sales Co. v. Eisen, 393 F.3d 659 (6th Cir.2004), the Sixth Circuit Court of Appeals held that 11 U.S.C. § 726(b)1 mandated the disgorgement of a retainer paid to a chapter 11 debtor’s attorney when necessary to achieve a pro rata distribution among other administrative claimants in a case converted from chapter 11 to chapter 7. Not addressed in that case is the effect, if any, of an attorney’s lien on a retainer under state law. This court concludes that because an attorney with a lien is not similarly situated with other…
2Cases cited18 opinions
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Specker Motor Sales Co. v. Sail Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
- In Re Burnside Steel Foundary Co.United States Bankruptcy Court, N.D. Illinois · 1988
- In Re Lochmiller Industries, Inc.United States Bankruptcy Court, S.D. California · 1995
- Pennsylvania, Department of Labor & Industry v. Cunningham & Chernicoff, P.C. (In Re Pannebaker Custom Cabinet Corp.)United States Bankruptcy Court, M.D. Pennsylvania · 1996
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cupps & Garrison, LLC v. Rhiel (In Re Two Gales, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- In re D & H Machine Service, Inc.United States Bankruptcy Court, E.D. Tennessee · 2016
- In Re Mobile Team, LLCUnited States Bankruptcy Court, E.D. Virginia · 2011
- Cupps & Garrison, LLC v. Rhiel (In Re Two Gales, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- Cupps & Garrison, LLC v. Rhiel (In Re Two Gales, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
3 more not listed; retrieve them via the Exa API.