Legal Opinion

Barton v. Chrysler (In Re Paine)

District Court, W.D. Michigan

Decided August 4, 1981No. K80-907 CAPublishedCited by 31 opinions

1Opinion of the Court

OPINION

BENJAMIN F. GIBSON, District Judge.

The basic question in this case is whether a bankruptcy judge possesses the discretionary power to deny attorney fees solely upon the basis that the attorney’s representation was subject to conflicting interests. Resolution of this question requires the Court to construe Bankruptcy Rule 219(c)(1); the rule enumerating criteria for awarding attorney fees. Appellant Barton (the attorney herein seeking compensation) makes the novel argument that the enumerated criteria establish the exclusive standards by which Bankruptcy judges are to exercise their…

2Cases cited15 opinions

  1. Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
  2. Weil v. NearySupreme Court of the United States · 1929
  3. American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
  4. American Benefit Life Insurance v. BaddockCourt of Appeals for the Fifth Circuit · 1977
  5. Silbiger v. Prudence Bonds CorporationCourt of Appeals for the Second Circuit · 1950

10 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  2. In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
  3. In Re Kendavis Industries International, Inc.United States Bankruptcy Court, N.D. Texas · 1988
  4. In Re MartinUnited States Bankruptcy Court, D. Colorado · 1996
  5. In Re Watson Seafood & Poultry Co., Inc.United States Bankruptcy Court, E.D. North Carolina · 1984

26 more not listed; retrieve them via the Exa API.

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