Banner v. Bagen (In Re Bagen)

BRIEANT, District Judge.

Before this Court are two appeals, which the Court now consolidates, from orders, upon a decision and on reargument made by the Bankruptcy Court (Hon. Jeremiah E. Berk, Bankruptcy Judge). The appellant-defendant, Gregory Bagen, who is an attorney, filed a joint petition with his wife on October 7, 1992, for relief under Chapter 7 of the Bankruptcy Code. At the tíme of the bankruptcy filing, Mr. Bagen was the attorney of record for a number of plaintiff clients with personal injury actions pending in state courts. His pre-petition retainer contracts provided for payment…