Legal Opinion

United States Trustee v. Garvey, Schubert & Barer (In Re Century Cleaning Services, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 17, 1997No. BAP No. OR-96-2118-HNJ, Bankruptcy No. 395-36126-elp7PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HAGAN, Bankruptcy Judge.

The United States Trustee (UST) appeals an order of the bankruptcy court allowing compensation to the chapter 7 Debtor’s attorney, Garvey, Schubert & Barer. Because Garvey, Schubert & Barer held a valid hen on a retainer, that was not avoided, we AFFIRM the bankruptcy court’s decision.

FACTUAL STATEMENT

On September 8, 1995, Century Cleaning Services (“Century”) filed a petition for rehef under chapter 11, Title 11, United States Code: 2 On the same date the Appellee law firm, Garvey, Schubert & Barer (“Garvey”), filed arl apphcation to be employed as counsel for…

2Cases cited14 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1988
  3. Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  4. McCutchen, Doyle, Brown & Enersen v. Official Committee of Unsecured Creditors (In Re Weibel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. In the Matter of Richard C. Browy, Bankrupts. James S. Brannon, as Trustee in Bankruptcy v. Stephen D. Gay, AttorneyCourt of Appeals for the Seventh Circuit · 1976

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3Cited by7 opinions

  1. First Federal Bank of California v. Weinstein (In Re Weinstein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  2. In Re: Century Cleaning Services, Inc. Debtor, United States Trustee v. Garvey, Schubert & Barer Michael Batlan, TrusteeCourt of Appeals for the Ninth Circuit · 1999
  3. In Re BottoneUnited States Bankruptcy Court, D. Massachusetts · 1998
  4. Shapiro Buchman LLP v. Gore Bros. (In Re Monument Auto Detail, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. In Re HodesUnited States Bankruptcy Court, D. Kansas · 1999

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