Legal Opinion

Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 13, 2008No. BAP No. NV-07-1266-JuKPa. Bankruptcy No. 04-14779-LBR. Adversary No. 06-01121-LBRPublishedCited by 116 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

This appeal is from a $38,354.30 judgment rendered under 11 U.S.C. § 550(a)(1) and (2) 1 against a transferee of unauthorized postpetition transfers avoidable under § 549. During the postpetition period, appellant law firm, Woods & Erickson (“W & E”), received an unauthorized legal fee and later assisted the debtor in selling what it knew to be an undisclosed asset for $1 million and received some of the proceeds from the transferee for payment of further fees.

W & E, among other arguments, assigns error to the bankruptcy court’s ruling that a trustee may recover…

2Cases cited35 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  5. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005

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3Cited by116 opinions

  1. Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLCUnited States Bankruptcy Court, S.D. New York · 2012
  2. Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Madoff Securities)District Court, S.D. New York · 2013
  3. Official Committee of Unsecured, Creditors v. JP Morgan Chase Bank, N.A. (In Re M. Fabrikant & Sons, Inc.)United States Bankruptcy Court, S.D. New York · 2008
  4. Alakozai v. Citizens Equity First Credit Union (In Re Alakozai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  5. Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2011

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