Elias v. Lisowski Law Firm, Chtd. (In Re Elias)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Dissent
RUSSELL, Bankruptcy Judge,
dissenting:
I respectfully dissent.
I would REVERSE and REMAND with instructions that the bankruptcy court enter an order vacating the order of employment and deny the request for attorney’s fees.
The following excerpts from the majority’s opinion demonstrate that it does not share my concern regarding the serious impact of Lisowski’s actions upon the integrity of the bankruptcy system:
Here, the Debtor’s position that the bankruptcy court should invalidate her contract with Lisowski is based not upon the argument that Lisowski did not earn his fees during her bankruptcy…
2Cases cited26 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- In Re Park-Helena Corp., Debtor. Neben & Starrett, Inc. v. Chartwell Financial CorporationCourt of Appeals for the Ninth Circuit · 1995
- In Re RobertsDistrict Court, D. Utah · 1987
- In Re Wood and HendersonSupreme Court of the United States · 1908
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