Ulrich v. Walker (In Re Boates)

OPINION

KURTZ, Bankruptcy Judge:

INTRODUCTION

The judgment on appeal disposed of the parties’ cross-motions for summary judgment and dismissed the chapter 7 1 trustee Dale D. Ulrich’s adversary proceeding against the debtor’s counsel Schian Walker, P.L.C. In the adversary proceeding, Ulrich unsuccessfully sought to recover for the benefit of the bankruptcy estate $60,000 the debtor paid prepetition to Schi-an Walker pursuant to a retainer agreement. Under the express terms of the retainer agreement, the $60,000 was a flat fee the debtor was fully prepaying in exchange for Schian Walker’s promise…