Legal Opinion

McCarthy v. Brevik Law (In re McCarthy)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided October 28, 2013No. BAP No. 13-6042PublishedCited by 5 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Chapter 13 debtor, Michael Stephen McCarthy (the “Debtor”), appeals from the *90judgment of the bankruptcy court dismissing the Debtor’s adversary proceeding in which the Debtor sought to avoid the statutory attorney fee lien of Brevik Law (“Brevik”). We have jurisdiction over this appeal from the final judgment of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we set aside the bankruptcy court’s dismissal of the Debtor’s adversary proceeding and remand this matter to the bankruptcy court for further proceedings consistent with this…

2Cases cited5 opinions

  1. In Re Douglas P. Demarah, Debtor. Douglas P. Demarah, Debtor-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  2. LaBarge v. Benda (In Re Merrifield)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. In Re DicksonCourt of Appeals for the Sixth Circuit · 2011
  4. In Re SteckUnited States Bankruptcy Court, D. New Jersey · 2003
  5. Seaver v. New Buffalo Auto Sales (In re Hecker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013

3Cited by5 opinions

  1. Pierce v. Collection Associates, Inc. (In re Pierce)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2014
  2. Brandon Pierce v. Collection Associates, Inc.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
  3. Brandon Pierce v. Collection Associates, Inc.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
  4. In re: Edward Clark Ainsworth and Stephanie Jo AinsworthUnited States Bankruptcy Court, D. South Dakota · 2026
  5. Peters v. Libert Land Holdings 16 LLCUnited States Bankruptcy Court, D. Nebraska · 2019

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