Legal Opinion

Davis v. Hibbits (In Re Sullivan's Jewelry, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided November 16, 1998No. BAP 98-6013EMPublishedCited by 9 opinions

1Opinion of the Court

DREHER, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court 1 which granted summary judgment in favor of Plaintiff, Leslie A. Davis, 2 Chapter 7 trustee (trustee) for Debt- or, Sullivan Jewelry, Inc. (debtor). At issue is whether Defendant, Roger M. Hibbits (Hibbits), must return to the estate attorneys’ fees paid to him by the debtor for services rendered between the date an involuntary petition for relief was filed against the debtor and the date the order for relief was entered (the involuntary gap period). The material facts are simple, straightforward and undisputed.

F…

2Cases cited4 opinions

  1. In the Matter of Wiredyne, Inc., Debtor. Appeal of Tamalou Williams, TrusteeCourt of Appeals for the Seventh Circuit · 1993
  2. Agate Holdings Inc. v. Ceresota Mill Ltd. Partnership (In Re Ceresota Mill Ltd. Partnership)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  3. In Re McNar, Inc.United States Bankruptcy Court, S.D. California · 1990
  4. Pruss v. Pelofsky (In Re Sauer)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998

3Cited by9 opinions

  1. Schroeder v. Rouse (In Re Redding)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  2. In re Sandpoint Cattle Co.United States Bankruptcy Court, D. Nebraska · 2016
  3. In re Miller Automotive Group, Inc.United States Bankruptcy Court, W.D. Missouri · 2014
  4. In re Baab Steel, Inc.United States Bankruptcy Court, D. Colorado · 2013
  5. Carol Linda DilleUnited States Bankruptcy Court, W.D. Missouri · 2021

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