Legal Opinion
Matter of Ryan
District Court, N.D. Illinois
Decided December 30, 1987No. 87 C 3112, 84 B 2138 and 84 B 5455PublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM OPINION
GRADY, Chief Judge.
This petition for attorney’s fees is before us on appeal of James J. Muench (“Muench”) from the Bankruptcy Court’s order denying fees. The appeal concerns a question of law of first impression in this circuit. Other courts have addressed this precise question, however, and the majority view is that an attorney may not be compensated out of the funds of the bankruptcy estate unless his work benefits the estate. We adopt this majority view and affirm the ruling of the bankruptcy court.
FACTS
This fee petition arises from a Chapter 7 bankruptcy. An involuntary…
2Cases cited9 opinions
- In Re Ebbler Furniture and Appliances, Inc., Debtor. Donald Samson, Trustee v. Alton Banking & Trust Co.Court of Appeals for the Seventh Circuit · 1986
- 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
- In the Matter of Gregory Bynner JONES, Sr., BankruptCourt of Appeals for the Fifth Circuit · 1982
- In Re RhotenUnited States Bankruptcy Court, M.D. Tennessee · 1984
- Matter of ZweigUnited States Bankruptcy Court, N.D. Georgia · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Wootton v. Ravkind (In Re Dixon)United States Bankruptcy Court, N.D. Texas · 1992
- In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1990
- In Re Prairie Central Railway Co.United States Bankruptcy Court, N.D. Illinois · 1988
- In Re BernardUnited States Bankruptcy Court, N.D. Texas · 1988
- In Re Spanjer Bros., Inc.United States Bankruptcy Court, N.D. Illinois · 1996
37 more not listed; retrieve them via the Exa API.