Legal Opinion

Erricola v. Thomas, Utell, Van De Water & Raiche, PA (In re Gaudette)

United States Bankruptcy Court, D. New Hampshire

Decided September 26, 2001No. Bankruptcy No. 96-12653-MWV; Adversary No. 99-1148-MWVPublished

1Opinion of the Court

MEMORANDUM OPINION

MARK W. VAUGHN, Chief Judge.

Before the Court is the Chapter 7 Trustee’s (“Trustee”) complaint seeking to recover $10,566.46 from the law firm of Thomas, Utell, Van De Water and Raiche, P.A. (“Defendant” or “firm”), constituting legal fees paid to the Defendant from assets of the OFS Pension Plan and Trust (“OFSPPT”). The Trustee alleges that the fees were improperly paid without court approval and in contravention of an agreement not to dissipate assets of the pension fund pending the outcome of an adversary in this Court to determine whether the pension fund was property of…

2Cases cited6 opinions

  1. Jensen v. Gantz (In Re Gantz)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
  2. Mayer, Glassman & Gaines v. Washam (In Re Hanson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  3. In Re BottoneUnited States Bankruptcy Court, D. Massachusetts · 1998
  4. In Re FassingerUnited States Bankruptcy Court, D. Oregon · 1996
  5. In Re MillerUnited States Bankruptcy Court, D. Kansas · 1997

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