Legal Opinion
In Re Plaza Hotel Corp.
United States Bankruptcy Court, E.D. California
Decided March 21, 1990No. 17-26491PublishedCited by 43 opinions
1Opinion of the Court
MEMORANDUM DECISION ON TRUSTEE’S MOTION FOR ORDER COMPELLING DISGORGEMENT OF FEES AND FOR DISQUALIFICATION OF DEBTOR’S COUNSEL
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
The chapter 11 trustee moves to have debtor’s counsel disqualified and his retainer disgorged. The United States Trustee supports the motion.
The retainer will be ordered disgorged as a sanction, inter alia, for failing to disclose under Bankruptcy Rule 2014 that the “pre-petition retainer” was really a prepetition-postpetition straddle that was designed to be paid postpetition.
Additionally, counsel will be disqualified for…
2Cases cited22 opinions
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- In Re Georgetown of Kettering, Ltd., Debtor. Hunter Savings Association v. Baggott Law Offices Co., L.P.A. Frederic E. Gagel and Garrett H. FreyCourt of Appeals for the Sixth Circuit · 1984
- In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood DoorCourt of Appeals for the Ninth Circuit · 1983
- In Re Rogers-Pyatt Shellac Co.Court of Appeals for the Second Circuit · 1931
17 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- In Re Park-Helena Corp., Debtor. Neben & Starrett, Inc. v. Chartwell Financial CorporationCourt of Appeals for the Ninth Circuit · 1995
- Clarence Thomas v. Tenneco Packaging Co., Inc.Court of Appeals for the Eleventh Circuit · 2002
- United States v. WunschCourt of Appeals for the Ninth Circuit · 1996
- Jensen v. United States Trustee (In Re Smitty's Truck Stop, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- In Re: William Kyle Kisseberth and Ekaterina Kisseberth, Debtors. Ronald R. Henderson v. William Kyle Kisseberth and Ekaterina KisseberthCourt of Appeals for the Sixth Circuit · 2001
38 more not listed; retrieve them via the Exa API.