Legal Opinion
In the Matter of Daisy M. Prudhomme and John and Kathleen Batten, Debtors. John F. Arens v. Al Boughton, Trustee
Court of Appeals for the Fifth Circuit
Decided February 7, 1995No. 93-5467PublishedCited by 77 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
The bankruptcy court required Appellant John Arens to disgorge a $75,000 retainer he received for legal services and to pay that amount to the plan trustee in these two Chapter 11 cases. Appellee Farm Credit Bank had moved for disgorgement of the fee, and the United States Trustee moved for examination of debtors’ transactions with their attorneys. After an evidentiary hearing, the bankruptcy court ordered disgorgement of the full retainer. The court found that the fee was paid in contemplation of bankruptcy, that it was excessive, and that the Arens firm (a sole…
2Cases cited14 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
- In The Matter Of U.S. Golf CorporationCourt of Appeals for the Fifth Circuit · 1981
- In the Matter of Arlan's Department Stores, Inc., DebtorCourt of Appeals for the Second Circuit · 1979
- In The Matter Of Futuronics CorporationCourt of Appeals for the Second Circuit · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Jensen v. United States Trustee (In Re Smitty's Truck Stop, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- In Re: William Kyle Kisseberth and Ekaterina Kisseberth, Debtors. Ronald R. Henderson v. William Kyle Kisseberth and Ekaterina KisseberthCourt of Appeals for the Sixth Circuit · 2001
- Law Offices of Franke v. TiffanyCourt of Appeals for the Ninth Circuit · 1997
- Waldron v. Adams & Reese, L.L.P. (In Re American International Refinery, Inc.)Court of Appeals for the Fifth Circuit · 2012
- In Re LewisCourt of Appeals for the First Circuit · 1997
72 more not listed; retrieve them via the Exa API.