Cupps & Garrison, LLC v. Rhiel (In Re Two Gales, Inc.)

ARTHUR I. HARRIS, Bankruptcy Judge,

concurring in the judgment in part and dissenting in part.

While I cannot join in the majority’s opinion, particularly its discussion of ripeness, I generally concur in the result, which is essentially to vacate the bankruptcy court’s orders to the extent that they hold that it makes no difference whether the debtor’s chapter 11 counsel has a valid security interest under state law, and remand the case for further pro*437ceedings. Like the Ninth Circuit BAP that addressed a similar dispute in Miliband & Smith, APC v. Yoo (In re Dick Cepek, Inc.), 339 B.R. 730…