Rus, Miliband & Smith v. Yoo (In Re Dick Cepek, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
Following conversion of a case from Chapter 11 to Chapter 7, the bankruptcy court ordered debtor’s Chapter 11 counsel to disgorge a portion of its pre-petition retainer in order to equalize payments among all chapter 11 administrative claimants pursuant to section 726(b).1 The Chapter 11 counsel appealed. We hold that a professional with a valid prepetition security retainer that has been properly documented, disclosed and approved by the bankruptcy court cannot be required to surrender it in the interest of equal treatment under section 726(b). Because the…
2Cases cited26 opinions
- National Park Hospitality Association v. Department of the InteriorSupreme Court of the United States · 2003
- In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
- In Re Park-Helena Corp., Debtor. Neben & Starrett, Inc. v. Chartwell Financial CorporationCourt of Appeals for the Ninth Circuit · 1995
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- In Re McDonald Bros. Construction, Inc.United States Bankruptcy Court, N.D. Illinois · 1990
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3Cited by26 opinions
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- In Re BlackburnUnited States Bankruptcy Court, D. Idaho · 2011
- Dye v. Brown (In Re AFI Holding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- White v. Coyne, Schultz, Becker & Bauer, S.C. (In re Pawlak)United States Bankruptcy Court, W.D. Wisconsin · 2012
- Kun v. Mansdorf (In Re Woodcraft Studios, Inc.)District Court, N.D. California · 2011
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