Legal Opinion
Banner v. Bagen (In Re Bagen)
United States Bankruptcy Court, S.D. New York
Decided September 28, 1995No. 19-10191PublishedCited by 24 opinions
1Opinion of the Court
INTRODUCTION
JEREMIAH E. BERK, Bankruptcy Judge.
Pursuant to section 542 of the Bankruptcy Code, the Chapter 7 Trustee requests that the Debtor/attorney turnover funds attributable to prepetition, personal-injury contingent-fee retainer contracts with his clients. The Debtor here moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), contending that he had no prepetition right to payment under the contingent-fee contracts and, therefore, any attorney fees subsequently paid to him on these contracts are not property of his bankruptcy estate. For the reasons stated…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Robert N. Brown and Barbara Bex Brown, Debtors. Barbara Bex Brown v. Virginia M. Dellinger, Individually and D/B/A Dellinger Art & AntiquesCourt of Appeals for the Second Circuit · 1984
- In the Matter of Richard A. Tonry and Irene Juneau Tonry, Debtors. Richard A. Tonry and Irene Juneau Tonry v. Jean O. Hebert, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1984
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Booth v. Vaughan (In Re Booth)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
- Official Committee of Unsecured Creditors Ex Rel. Estate of Labrum & Doak v. Ashdale (In Re Labrum & Doak, LLP)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- Sharp v. DeryDistrict Court, E.D. Michigan · 2000
- Banner v. Bagen (In Re Bagen)District Court, S.D. New York · 1996
19 more not listed; retrieve them via the Exa API.