Legal Opinion

In Re Howard Atkins Romie Atkins, Debtors. Howard Atkins, Dba Coyote Health Center v. Wain, Samuel & Co.

Court of Appeals for the Ninth Circuit

Decided October 27, 1995No. 94-15076PublishedCited by 36 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Former Chapter 11 debtors, Mr. & Mrs. Howard Atkins (“debtors”), appeal the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s nunc pro tune order that both retroactively authorized services an accounting firm rendered to the estate on an emergency basis and awarded the firm fees for those services. Because we agree that exceptional circumstances existed to warrant the retroactive approval, we affirm the BAP’s decision.

I

The debtors filed for a Chapter 11 reorganization on March 30, 1990. On May 21, 1991, the debtors’ personal attorney, Mr.…

2Cases cited17 opinions

  1. In Re James E. Johnston, Dba Johnston Enterprises, Debtor. Steelcase Inc. v. James E. Johnston and Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1994
  2. McCutchen, Doyle, Brown & Enersen v. Official Committee of Unsecured Creditors (In Re Weibel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  3. DeRonde v. Shirley (In Re Shirley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  4. In Re Kroeger Properties and Development, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. Bankr. L. Rep. P 72,146 in Re Thc Financial Corp., a Hawaii Corporation, Debtor. Lily M. Okamoto v. Thc Financial CorporationCourt of Appeals for the Ninth Circuit · 1988

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3Cited by36 opinions

  1. Alexander v. Compton (In re Bonham)Court of Appeals for the Ninth Circuit · 2000
  2. In Re at Home Corporation, a Delaware Corporation, Debtor. Pacific Shores Development, LLC v. At Home Corporation, Dba Excite at HomeCourt of Appeals for the Ninth Circuit · 2004
  3. Mehdipour v. Marcus & Millichap (In Re Mehdipour)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  4. Movitz v. Baker (In Re Triple Star Welding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. In Re AlbertUnited States Bankruptcy Court, D. Massachusetts · 1997

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