Legal Opinion
Se Prop. Holdings, LLC v. Stewart (In re Stewart)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided June 4, 2019No. BAP Nos. WO-18-068; WO-18-079; Bankr. No. 15-12215PublishedCited by 7 opinions
1Opinion of the Court
MARKER, Bankruptcy Judge.
I. Introduction
Attorney Ruston Welch failed to disclose the compensation he received from *428David and Terry Stewart (the "Debtors") and their related entities, as required by 11 U.S.C. § 329(a) and Federal Rule of Bankruptcy Procedure 2016(b).2 Upon discovering the omission, one of the Debtors' creditors sought to have Mr. Welch's compensation disgorged. After a hearing, the bankruptcy court ordered Mr. Welch to pay a sanction of $ 25,000 to the Debtors' estate, rather than disgorging the almost $ 350,000 of total compensation. The creditor moved to alter or amend the…
2Cases cited47 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Van Cauwenberghe v. BiardSupreme Court of the United States · 1988
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3Cited by7 opinions
- David A Stewart and Terry P StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2021
- David A Stewart and Terry P StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2021
- David A Stewart and Terry P StewartUnited States Bankruptcy Court, W.D. Oklahoma · 2025
- Estate of Arlene TownsendDistrict Court, M.D. Florida · 2021
- Estate of Arlene Townsend v. Shumaker Loop & Kendrick, LLPDistrict Court, M.D. Florida · 2020
2 more not listed; retrieve them via the Exa API.