Legal Opinion

In Re: John Fickling, Debtor. John Fickling, Debtor-Appellee v. Flower, Medalie & Markowitz, Esqs.

Court of Appeals for the Second Circuit

Decided March 3, 2004No. 03-5018PublishedCited by 29 opinions

1Opinion of the Court

JOHN M. WALKER, JR., Chief Judge.

Appellant Flower, Medalie & Markowitz, Esqs. (“FMM”), a law firm that represented debtor-appellee John Fickling during his bankruptcy proceeding, seeks to recoup the fees it earned and expenses it incurred prior to the conversion of Fick-ling’s case from Chapter 11 to Chapter 7. Both the bankruptcy court and the district court concluded that such fees and expenses were properly discharged and therefore not recoverable from the debtor. We affirm.

BACKGROUND

On October 23, 1992, Fickling filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code…

2Cases cited5 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Albert Bethea v. Robert J. Adams & Associates Law Offices of Melvin James Kaplan and Zalutsky & Pinski, Ltd.Court of Appeals for the Seventh Circuit · 2003
  3. In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  4. In Re Claude Emery, Debtor. Citibank, N.A. v. Claude EmeryCourt of Appeals for the Second Circuit · 1998
  5. In Re: Martha Sanchez, Debtor. Martha Sanchez v. Robert L. Gordon, Dba Gordon and AssociatesCourt of Appeals for the Ninth Circuit · 2001

3Cited by29 opinions

  1. Allan J. Rittenhouse v. Saul Eisen, U.S. TrusteeCourt of Appeals for the Sixth Circuit · 2005
  2. Murrietta v. Fehrs (In Re Fehrs)United States Bankruptcy Court, D. Idaho · 2008
  3. In Re WaldoUnited States Bankruptcy Court, E.D. Tennessee · 2009
  4. Lubit v. Chase (In Re Chase)United States Bankruptcy Court, S.D. New York · 2007
  5. In Re MansfieldUnited States Bankruptcy Court, E.D. Pennsylvania · 2008

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