Legal Opinion
Smith v. Marshall (In Re Hot Tin Roof, Inc.)
Bankruptcy Appellate Panel of the First Circuit
Decided March 18, 1997No. BAP MB 96-033PublishedCited by 22 opinions
1Opinion of the Court
GOODMAN, Bankruptcy Judge.
Arthur D. Smith, Esq., former counsel to Chapter 11 debtor Hot Tin Roof, Inc. (“HTR”), appeals from an order of the Bankruptcy Court denying Smith’s application for fees and requiring him to disgorge all fees received in connection with the case on or after April 1, 1994. The Bankruptcy Court found that (1) at the time the petition was filed, Smith was not a disinterested person within the meaning of 11 U.S.C. § 327(a) 1 and Fed.R.Bankr.P. 2014(a), 2 and (2) Smith failed to disclose his connection with HTR and insiders of HTR, as well as adverse interests between HTR…
2Cases cited13 opinions
- 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
- In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
- Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
- In Re EWC, Inc.United States Bankruptcy Court, W.D. Oklahoma · 1992
- In Re Wilde Horse Enterprises, Inc.United States Bankruptcy Court, C.D. California · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Iannacchino v. RodolakisCourt of Appeals for the First Circuit · 2001
- Beal Bank, SSB v. Waters Edge Limited PartnershipDistrict Court, D. Massachusetts · 2000
- In Re Keller Financial Services of Florida, Inc.United States Bankruptcy Court, M.D. Florida · 2000
- Winship v. Cook (In Re Cook)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- In Re VebeliunasUnited States Bankruptcy Court, S.D. New York · 1999
17 more not listed; retrieve them via the Exa API.