In Re Herrera

ORDER (1) DENYING DEBTOR’S MOTION FOR CONTEMPT BUT COMPELLING ATTORNEY FULLERTON TO TURNOVER DOCUMENTS; AND (2) DENYING FULLERTON’S MOTION FOR SANCTIONS

ROBERT A. MARK, Bankruptcy Judge.

The motions before the Court raise three issues: (1) Can an attorney in possession of a Chapter 7 debtor’s documents refuse to turn over the documents based upon the attorney’s retaining lien; (2) if turnover is required, is the attorney entitled to a replacement lien or administrative expense claim; and (3) if so, how should the court value the replacement lien or administrative expense.

Factual and Procedural…