Legal Opinion
In Re C & P Auto Transport, Inc.
United States Bankruptcy Court, E.D. California
Decided December 15, 1988No. 15-10359PublishedCited by 58 opinions
1Opinion of the Court
MEMORANDUM DECISION ON MOTION FOR RECONSIDERATION AND CLARIFICATION OF ORDER APPOINTING ATTORNEY FOR DEBTOR
CHRISTOPHER M. KLEIN, Bankruptcy Judge.
The Bankruptcy Code requires the court to approve employment, including terms and conditions, of professionals to represent the estate, and their fees can be paid out of estate funds only upon court order. 11 U.S.C. §§ 327-331. These duties are central to the integrity of the bankruptcy system.
A $5,000.00 “retainer” was paid on the eve of bankruptcy to the counsel who subsequently was appointed to represent the estate. That counsel asks me to…
2Cases cited14 opinions
- In the Matter of Arlan's Department Stores, Inc., DebtorCourt of Appeals for the Second Circuit · 1979
- In Re Wood and HendersonSupreme Court of the United States · 1908
- In Re Chapel Gate Apartments, Ltd.United States Bankruptcy Court, N.D. Texas · 1986
- In Re Manoa Finance Company, Inc., a Hawaii Corporation, Debtor. H. William Burgess v. Charles R. Klenske, TrusteeCourt of Appeals for the Ninth Circuit · 1988
- Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
9 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Zolfo, Cooper & Co. v. Sunbeam-Oster Company, IncCourt of Appeals for the Third Circuit · 1995
- In Re McDonald Bros. Construction, Inc.United States Bankruptcy Court, N.D. Illinois · 1990
- In Re Hathaway Ranch PartnershipUnited States Bankruptcy Court, C.D. California · 1990
- In Re Plaza Hotel Corp.United States Bankruptcy Court, E.D. California · 1990
- In Re NBI, Inc.United States Bankruptcy Court, D. Colorado · 1991
53 more not listed; retrieve them via the Exa API.