Legal Opinion

McCrary & Dunlap Construction Co. v. Mendes & Gonzales PLLC

Court of Appeals for the Sixth Circuit

Decided October 27, 2003No. 01-5355PublishedCited by 15 opinions

1Opinion of the Court

OPINION

COLE, Circuit Judge.

Mendes & Gonzales, PLLC (“M&G”), special litigation counsel to McCrary & Dunlap Construction Company, LLC, the debtor in this bankruptcy case (“Debtor”), appeals the district court’s judgment ordering complete disgorgement of fees received by the firm and denial of all compensation. The district court imposed this sanction after finding that M&G had willfully failed to: (1) seek court approval prior to receiving compensation, and (2) disclose the receipt of the second of two $10,000 retainer payments from Eddie McCrary (“McCrary”), the Debtor’s principal and largest…

2Cases cited20 opinions

  1. United States v. Charles PerryCourt of Appeals for the Sixth Circuit · 1990
  2. In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. ForduCourt of Appeals for the Sixth Circuit · 1999
  3. In Re DownsCourt of Appeals for the Sixth Circuit · 1996
  4. In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
  5. In Re Park-Helena Corp., Debtor. Neben & Starrett, Inc. v. Chartwell Financial CorporationCourt of Appeals for the Ninth Circuit · 1995

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3Cited by15 opinions

  1. In Re Parklex Associates, Inc.United States Bankruptcy Court, S.D. New York · 2010
  2. Mitchell v. Anderson (In re Mitchell)United States Bankruptcy Court, N.D. Ohio · 2016
  3. White v. Coyne, Schultz, Becker & Bauer, S.C. (In re Pawlak)United States Bankruptcy Court, W.D. Wisconsin · 2012
  4. In re FryeUnited States Bankruptcy Court, D. Vermont · 2017
  5. In re ChatkhanUnited States Bankruptcy Court, E.D. New York · 2012

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