Pruss v. Pelofsky (In Re Sauer)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
KRESSEL, Bankruptcy Judge.
Appellants Marion Pruss and Broom, Johnson, Clarkson, Peppard & Pruss appeal the decision of the bankruptcy court disallowing their final fee applications and ordering disgorgement of fees. We affirm that portion of the bankruptcy court’s order disallowing fees, but reduce the disgorgement amount to $43,354.21.
Background
James A. Sauer is a former general contractor who built and operated strip malls. In the mid-80’s, Sauer created J.A.S. Enterprises, Inc., to act as the titleholder for real estate acquisitions. By April of 1990, Sauer and J.A.S. were experiencing…
2Cases cited11 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
- United States v. Arthur OrtizCourt of Appeals for the Tenth Circuit · 1986
- Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
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- Davis v. Hibbits (In Re Sullivan's Jewelry, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- In re Mushroom Transportation Co.United States Bankruptcy Court, E.D. Pennsylvania · 2013
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