Legal Opinion

In the Matter of Bemporad Carpet Mills, Inc., Bankrupt. Clinton J. Morgan v. Walter E. Heller & Co.

Court of Appeals for the Fifth Circuit

Decided November 20, 1970No. 29291PublishedCited by 6 opinions

1Per curiam

Morgan, an attorney, ably represented the trustee in bankruptcy for a bankrupt corporation. 1 He now contends that the District Court failed to provide adequate compensation, in the form of contingency fees, for successful litigation on behalf of the bankrupt. We affirm.

The essential facts are not in dispute. On behalf of the bankrupt, Morgan spent approximately 1033 hours on protracted litigation. His efforts significantly increased the value of the estate, and consequently the amount available to creditors. Morgan also spent 120 hours of non-litigation time working for the bankrupt, the…

2Cases cited4 opinions

  1. Massachusetts Mutual Life Insurance Company and College Inn, Inc. v. J. H. Brock, as Trustee of the Wingreen CompanyCourt of Appeals for the Fifth Circuit · 1969
  2. Henry Jacobowitz v. Double Seven CorporationCourt of Appeals for the Ninth Circuit · 1967
  3. Charles C. Shaw, as Trustee in Bankruptcy of Bemporad Carpet Mills, Inc., Bankrupt v. Walter E. Heller & CompanyCourt of Appeals for the Fifth Circuit · 1967
  4. Sumner Sollitt Co. v. AdelmanCourt of Appeals for the Seventh Circuit · 1969

3Cited by6 opinions

  1. In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
  2. United States v. JohnsonCourt of Appeals for the Fifth Circuit · 1978
  3. American Benefit Life Insurance v. BaddockCourt of Appeals for the Fifth Circuit · 1977
  4. Bankr. L. Rep. P 70,798 in Re Boston and Maine Corporation, Debtor v. Sheehan, Phinney, Bass & Green, P.A.Court of Appeals for the First Circuit · 1985
  5. Tmt Trailer Ferry, Inc. v. KirklandCourt of Appeals for the Fifth Circuit · 1978

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