Legal Opinion

Cardwell v. Bankruptcy Estate of Spivey (In re Douglas Asphalt Co.)

United States Bankruptcy Court, S.D. Georgia

Decided November 20, 2012No. Bankruptcy No. 09-51272; Adversary No. 11-05013PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

JOHN S. DALIS, Bankruptcy Judge.

This matter comes before me on the amended motion for summary judgment by Defendants Kenneth E, Futch and Savage & Turner, P.C.1 (“Attorneys”)2. The *565first issue raised is whether Attorneys have an attorney’s charging lien (“Charging Lien”) against the proceeds of a settlement reached post-petition when Attorneys served as both pre-petition counsel to the Debtor and post-petition special counsel to the debtor’s bankruptcy estate. Related to that issue is the question of how a pre-petition…

2Cases cited37 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Allen v. Tyson Foods, Inc.Court of Appeals for the Eleventh Circuit · 1997
John M. HAIRSTON, Plaintiff-Appellant, v. the GAINESVILLE SUN PUBLISHING CO., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1994
Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985

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3Cited by1 opinion

JOHN DA GROSA SMITH v. RYAN MILLSAPCourt of Appeals of Georgia · 2022