Legal Opinion

Nischwitz v. Miskovic (In Re Airspect Air, Inc.)

Court of Appeals for the Sixth Circuit

Decided October 4, 2004No. 03-3303, 03-3484PublishedCited by 9 opinions

1Opinion of the Court

SILER, Circuit Judge.

The bankruptcy court authorized Air-spect Air, Inc. (“Airspect”), then in Chapter 11 proceedings, to retain Jeffrey Nis-chwitz as special counsel in order to prosecute a breach of contract action against the City of Akron (the “City”). Airspect retained Nischwitz under a contingency fee agreement, and, after the lawsuit settled, Nischwitz filed an application for his contingency fee. The bankruptcy court denied the application, however, finding pursuant to § 330 of the Bankruptcy Code that the fee sought by Nischwitz was unreasonable. Nischwitz appealed to the Bankruptcy…

2Cases cited8 opinions

  1. In Re DownsCourt of Appeals for the Sixth Circuit · 1996
  2. In Re William M. Behlke and Dina E. Behlke, Debtors, William M. Behlke and Dina E. Behlke v. Saul Eisen, United States TrusteeCourt of Appeals for the Sixth Circuit · 2004
  3. Zolfo, Cooper & Co. v. Sunbeam-Oster Company, IncCourt of Appeals for the Third Circuit · 1995
  4. In the Matter Of: Rebecca Mitchell Barron, Debtor. Cynthia Daniels v. Rebecca Mitchell Barron John A. Barron Charles EasleyCourt of Appeals for the Fifth Circuit · 2003
  5. Donaldson Lufkin & Jenrette Securities Corp. v. National Gypsum Co.Court of Appeals for the Fifth Circuit · 1997

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3Cited by9 opinions

  1. In re AubielBankruptcy Appellate Panel of the Sixth Circuit · 2015
  2. Kemp, Klein, Umphrey, Endelman & May v. Bankruptcy Estate of Veltri Metal Products, Inc. (In Re Veltri Metal Products, Inc.)Court of Appeals for the Sixth Circuit · 2006
  3. In Re: Airspect Air, Inc.Court of Appeals for the Sixth Circuit · 2004
  4. Riker, Danzig, Scherer, Hyland & Perretti LLP v. Official Committee of Unsecured CreditorsDistrict Court, S.D. New York · 2008
  5. In re YoungquistUnited States Bankruptcy Court, D. Kansas · 2013

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