Legal Opinion

Sundquist v. Bank of America, N.A. (In re Sundquist)

United States Bankruptcy Court, E.D. California

Decided November 15, 2017No. Case 14-02278; Case No. 10-35624; Adv. Pro. No. 14-02278; Docket Control No. ELG-1PublishedCited by 2 opinions

1Opinion of the Court

OPINION ON MOTION TO EXPUNGE ATTORNEYS’ FEE LIEN

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

This Motion to Expunge an attorneys’ fee lien asserted by the debtors’ former attorney involves an important tool in the judicial toolbox for addressing the dilemma of counsel who incompetently represent debtors who have a meritorious case.

Former counsel asserts an attorneys’ fee lien as a challenge to the bankruptcy court’s power to cancel an attorneys’ contract under Bankruptcy Code § 329(b), 11 U.S.C. § 329(b), and to limit fees for debtors’ counsel to “reasonable” compensation.

The lien is being used as…

2Cases cited36 opinions

Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
Johnson v. Home State BankSupreme Court of the United States · 1991
17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005

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3Cited by2 opinions

Erik Sundquist v. Dennise HendersonCourt of Appeals for the Ninth Circuit · 2020
In re: C&M Russell, LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2019