Legal Opinion
Reese Baker v. Lowell Cage
Court of Appeals for the Fifth Circuit
Decided December 16, 2013No. 12-41125PublishedCited by 19 opinions
1Opinion of the Court
HIGGINSON, Circuit Judge:
A bankruptcy judge may regulate attorney compensation by ordering debt- or’s counsel to return to the estate excessive compensation. 11 U.S.C. § 329(b). 1 Separately, a bankruptcy judge has authority to discipline attorneys who violate the disclosure requirements of the Bankruptcy Code and Rules. Arens v. Boughton (In re Prudhomme), 43 F.3d 1000, 1003 (5th Cir.1995). Because a bankruptcy judge’s reach under the plain language of § 329(b) is limited to attorney compensation, however, we REVERSE and REMAND the bankruptcy court order before us.
FACTS AND PROCEEDINGS
In…
2Cases cited11 opinions
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- In the Matter of Daisy M. Prudhomme and John and Kathleen Batten, Debtors. John F. Arens v. Al Boughton, TrusteeCourt of Appeals for the Fifth Circuit · 1995
- Waldron v. Adams & Reese, L.L.P. (In Re American International Refinery, Inc.)Court of Appeals for the Fifth Circuit · 2012
- In Re Harolyn Anderson, Debtor. Richard M. Anderson, Cross-Appellee v. Harolyn Anderson, Cross-Appellant, and John F. Bufe, TrusteeCourt of Appeals for the Fifth Circuit · 1991
- Wootton v. Ravkind (In Re Dixon)United States Bankruptcy Court, N.D. Texas · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In re T.H.United States Bankruptcy Court, E.D. Virginia · 2015
- Kernell Thaw v. Christopher MoserCourt of Appeals for the Fifth Circuit · 2014
- Se Prop. Holdings, LLC v. Stewart (In re Stewart)Bankruptcy Appellate Panel of the Tenth Circuit · 2019
- Cole v. Nabors Corporate Servs., Inc. (In re CJ Holding Co.)District Court, S.D. Texas · 2019
- NSJS Ltd. Partnership v. Waco Town Square Partners, LP (In re Waco Town Square Partners, LP)District Court, S.D. Texas · 2015
14 more not listed; retrieve them via the Exa API.