In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. Martin
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This case deals with the right of a lawyer, preliminary to submitting a client's petition under chapter 11 of the 1978 Bankruptcy Code (Code), to take security for the payment of attorneys’ fees to be incurred while representing the client in connection with the bankruptcy proceedings. It likewise inevitably deals with the propriety of such an act. Apropos of the central point at issue, directly pertinent precedent ranges from slim to none. So, we write on what amounts to a clean slate.
I. BACKGROUND
The facts relevant to this matter are not now in serious dispute. They…
2Cases cited31 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
- In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
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- In Re Marvel Entertainment Group, Inc.Court of Appeals for the Third Circuit · 1998
- In Re Arochem CorporationCourt of Appeals for the Second Circuit · 1999
- Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
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