Legal Opinion · Concurring in part, dissenting in part
In Re: Shelly Elias, Debtor. Shelly Elias v. U.S. Trustee, Las Vegas, and Lisowski Law Firm, Ltd.
Court of Appeals for the Ninth Circuit
Decided August 30, 1999No. 98-15347Published
1Concurring in part, dissenting in partFernandez, Circuit Judge
Because I see the questions and answers somewhat differently from the majority, I concur in part and dissent in part, but in so doing must restate the case.
Elias retained Lisowski Law Firm as counsel when she sought to file a Chapter 11 proceeding. The firm had also represented her before, and was then owed money for its previous services. Elias paid $3,000 of those fees, and also paid Lisowski a retainer for services regarding the bankruptcy, which was filed within 90 days of the $3,000 fee payment.
When the firm petitioned for appointment as debtor’s attorney it should, by all accounts, have…
2Cases cited25 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994
- Federal Communications Commission v. League of Women Voters of CaliforniaSupreme Court of the United States · 1984
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