Legal Opinion

In Re Mary Poole, Debtor. Russell A. Brown, Chapter 13 Trustee v. Michael T. Smith

Court of Appeals for the Ninth Circuit

Decided August 25, 2000No. 99-15742PublishedCited by 26 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

In this appeal, we consider whether a bankruptcy attorney, properly admitted to practice in the relevant federal district court, may be denied fees pursuant to 11 U.S.C. § 101(4) because he is not admitted to practice in the state where the district court sits. We conclude he may not, and we affirm the judgment of the Bankruptcy Appellate Panel.

I

Debtor Mary Poole filed a voluntary petition in bankruptcy pursuant to Chapter 13 of the United States Bankruptcy Code in 1997. She was represented by Defendant Michael T. Smith, who listed his place of business in the bankruptcy…

2Cases cited13 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Schware v. Board of Bar Examiners of NMSupreme Court of the United States · 1957
  3. In Re RuffaloSupreme Court of the United States · 1968
  4. Kalb v. FeuersteinSupreme Court of the United States · 1940
  5. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000

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3Cited by26 opinions

  1. Winterrowd v. American General Annuity InsuranceCourt of Appeals for the Ninth Circuit · 2009
  2. David J. Gallo, Movant-Appellant v. United States District Court for the District of Arizona, Real Party in Interest-AppelleeCourt of Appeals for the Ninth Circuit · 2003
  3. Sigma Micro Corp. v. Healthcentral.com (In Re Healthcentral.com)Court of Appeals for the Ninth Circuit · 2007
  4. Surrick v. KillionCourt of Appeals for the Third Circuit · 2006
  5. Amusement Industry, Inc. v. Midland Avenue Associates, LLCDistrict Court, S.D. New York · 2011

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