Legal Opinion

In re Frye

United States Bankruptcy Court, D. Vermont

Decided April 12, 2017No. Case # 15-10242PublishedCited by 12 opinions

1Opinion of the Court

MEMORA3SDUM OF DECISION

Rejecting the Debtors’ Claim That § 329 is Unconstitutional and Granting, in Part, the U.S, Trustee’s Motion for Disgorgement of Attorneys’ Fees

Colleen A. Brown, United States Bankruptcy Judge

The U.S. Trustee seeks disgorgement of all attorneys’ fees paid in this case, based upon the excessiveness of the fees the Debtors’ attorney received and that attorney’s failure to comply with the disclosure requirements of the Bankruptcy Code and Rules. The attorney denies his fees are excessive, concedes he failed to disclose fees properly, but opposes full disgorgement as a…

2Cases cited21 opinions

  1. Hill v. ColoradoSupreme Court of the United States · 2000
  2. Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
  3. Village of Schaumburg v. Citizens for a Better EnvironmentSupreme Court of the United States · 1980
  4. Virginia v. HicksSupreme Court of the United States · 2003
  5. Christopher J. Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 CvCourt of Appeals for the Second Circuit · 2006

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3Cited by12 opinions

  1. In re StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2018
  2. In re NunezUnited States Bankruptcy Court, E.D. New York · 2019
  3. In re GrabanskiUnited States Bankruptcy Court, D. North Dakota · 2017
  4. Brandin Gregory LearsonUnited States Bankruptcy Court, E.D. Louisiana · 2022
  5. David A Stewart and Terry P StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2025

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