Legal Opinion
In Re Mansfield
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 2, 2008No. 19-11056PublishedCited by 20 opinions
1Opinion of the Court
Opinion
STEPHEN RASLAVICH, Chief Judge.
Introduction.
The instant matter presents a deceptively simple question: whether a Chapter 7 Debtor’s attorney who is party to a “flat fee” prepetition retention agreement may pursue the postpetition collection of any unpaid portion of the fee. The Court concludes that counsel may not do so because any unpaid portion of such a fee is a prepetition debt, subject to discharge and, hence, unrecoverable.
The relevant facts are not in dispute. Prior to filing the above-captioned bankruptcy case the debtor, Patrick Edward Mansfield (“Debtor”), entered into a…
2Cases cited28 opinions
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
- United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
- 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
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3Cited by20 opinions
- In Re WaldoUnited States Bankruptcy Court, E.D. Tennessee · 2009
- In re SlabbinckUnited States Bankruptcy Court, E.D. Michigan · 2012
- Walton v. Clark & Washington, P.C.United States Bankruptcy Court, M.D. Florida · 2011
- In re MarottaUnited States Bankruptcy Court, M.D. North Carolina · 2012
- In Re LawsonUnited States Bankruptcy Court, E.D. Tennessee · 2010
15 more not listed; retrieve them via the Exa API.