Legal Opinion

In Re Emanuel

United States Bankruptcy Court, S.D. New York

Decided December 23, 2009No. 18-23456PublishedCited by 4 opinions

1Opinion of the Court

POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

STUART M. BERNSTEIN, Chief Bankruptcy Judge.

Kenneth Heller (“Heller”) represented the debtor and the estate in a wrongful death action until he was disbarred. Substitute special personal injury counsel, Ja-coby & Meyers (“J & M”), settled the litigation, and Heller now seeks fees and expenses under a theory of quantum me-ruit. Any award will reduce the amount of J & M’s contingent fee, and J & M has vigorously opposed Heller’s application. Alan Nisselson, Esq., the chapter 7 trustee (the “Trustee”), and the United States Trustee also oppose…

2Cases cited17 opinions

  1. In Re Comcoach Corporation, Debtor-Appellee, the Roslyn Savings Bank v. Comcoach CorporationCourt of Appeals for the Second Circuit · 1983
  2. Southern Boulevard, Inc. v. Martin Paint Stores (In Re Martin Paint Stores)District Court, S.D. New York · 1997
  3. Decolator, Cohen & DiPrisco, LLP v. Lysaght, Lysaght & Kramer, P.C.Appellate Division of the Supreme Court of the State of New York · 2003
  4. In Re WoodworthCourt of Appeals for the Second Circuit · 1936
  5. Padilla v. SansivieriAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by4 opinions

  1. In Re EmanuelUnited States Bankruptcy Court, S.D. New York · 2010
  2. Heller v. Emanuel (In Re Emanuel)District Court, S.D. New York · 2011
  3. In re LeeUnited States Bankruptcy Court, D. Massachusetts · 2013
  4. Jose R. RiveraUnited States Bankruptcy Court, S.D. New York · 2020

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