Legal Opinion

Winship v. Cook (In Re Cook)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided August 19, 1998No. BAP No. WY-97-065, Bankruptcy No. 90-20215-APublishedCited by 28 opinions

1Opinion of the Court

OPINION

PUSATERI, Bankruptcy Judge.

Stephen R. Winship (“Winship”) appeals from an order disqualifying him as counsel for the chapter 7 Trustee and requiring disgorgement of all fees and expenses previously paid out of the bankruptcy estate. For the reasons set forth below, we affirm.

I. Background.

In March 1990, Ray Cook filed a petition for relief under chapter 7 of the Bankruptcy Code in the District of Wyoming. About a week later, his son, Alan Cook, and two limited partnerships in which they were involved, WLCO and Vancor, filed chapter 7 petitions. Gary Barney (“the Trustee”) was appointed…

2Cases cited22 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  4. Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
  5. 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

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3Cited by28 opinions

  1. Waldron v. Adams & Reese, L.L.P. (In Re American International Refinery, Inc.)Court of Appeals for the Fifth Circuit · 2012
  2. Search Market Direct, Inc. v. Jubber (In Re Paige)Court of Appeals for the Tenth Circuit · 2012
  3. In Re VebeliunasUnited States Bankruptcy Court, S.D. New York · 1999
  4. In Re 7677 East Berry Avenue Associates, L.P.United States Bankruptcy Court, D. Colorado · 2009
  5. In Re United Companies Financial Corp.United States Bankruptcy Court, D. Delaware · 1999

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

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