Legal Opinion
In Re Bennett
United States Bankruptcy Court, N.D. Texas
Decided November 26, 1991No. 19-40042PublishedCited by 27 opinions
1Opinion of the Court
MEMORANDUM OF OPINION ON DISGORGEMENT OF ATTORNEY FEES
JOHN C. AKARD, Bankruptcy Judge.
ISSUE
Floyd Holder, Trustee-in-Bankruptcy (Trustee) in the James R. Bennett and wife, Sandra Annette Bennett (Debtors) case, seeks disgorgement of attorney fees from Debtors’ attorney, Thomas Paty Stamps (Stamps), in the amount of $20,653.17 pur suant to 11 U.S.C. § 329(b)(1). Debtors and Stamps object to Trustee’s motion and raise as defenses: that this issue should have been brought as an adversary proceeding and not as a motion; statute of limitations defenses under 11 U.S.C. §§ 549(d) and 550(e); that the…
2Cases cited28 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
- In the Matter of Arlan's Department Stores, Inc., DebtorCourt of Appeals for the Second Circuit · 1979
- In the Matter of Placid Oil Company, Debtor. Professional Geophysics, Inc. v. Placid Oil Co.Court of Appeals for the Fifth Circuit · 1991
- In Re Kendavis Industries International, Inc.United States Bankruptcy Court, N.D. Texas · 1988
23 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Busy Beaver Building Centers, Inc. Kirkpatrick & LockhartCourt of Appeals for the Third Circuit · 1994
- In the Matter of Daisy M. Prudhomme and John and Kathleen Batten, Debtors. John F. Arens v. Al Boughton, TrusteeCourt of Appeals for the Fifth Circuit · 1995
- Jensen v. United States Trustee (In Re Smitty's Truck Stop, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- In Re Telesphere Communications, Inc.United States Bankruptcy Court, N.D. Illinois · 1994
- In Re Raymond R. Olsen, Debtor. John R. Olsen v. Gordon Zerbetz, TrusteeCourt of Appeals for the Ninth Circuit · 1994
22 more not listed; retrieve them via the Exa API.