Legal Opinion
Specker Motor Sales Co. v. Sail Eisen, United States Trustee
Court of Appeals for the Sixth Circuit
Decided December 17, 2004No. 03-1893PublishedCited by 45 opinions
1Opinion of the Court
BOGGS, Chief Judge.
Donald Bays appeals from the district court’s order requiring him to disgorge the portion of his retainer in excess of his pro rata share of the Specker Motor Sales Company bankruptcy estate. Bays argues that the district court erred in finding that disgorgement is mandatory when necessary to effectuate a pro rata distribution of the estate’s assets. Because we conclude that such disgorgement is mandatory, we affirm the district court.
I
Specker Motor Sales, Inc., entered into Chapter 11 bankruptcy on March 18, 1997. On April 21, 1997, the bankruptcy court authorized Specker…
2Cases cited15 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- Spenlinhauer v. O'DonnellCourt of Appeals for the First Circuit · 2001
10 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Curreys of Nebraska, Inc. v. United Producers, Inc.Court of Appeals for the Sixth Circuit · 2008
- In Re StoverUnited States Bankruptcy Court, W.D. Michigan · 2010
- Rus, Miliband & Smith v. Yoo (In Re Dick Cepek, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- In Re US Flow Corp.United States Bankruptcy Court, W.D. Michigan · 2005
- KFC Corp. v. WagstaffDistrict Court, W.D. Kentucky · 2013
40 more not listed; retrieve them via the Exa API.