Legal Opinion
Redmond v. Lentz & Clark, P.A. (In Re Wagers)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided November 28, 2006No. BAP Nos. KS-06-056, Bankruptcy Nos. 03-24484, 04-6095PublishedCited by 6 opinions
1Opinion of the Court
OPINION
THURMAN, Bankruptcy Judge.
The Debtors’ Chapter 7 trustee (“Trustee”) appeals the Bankruptcy Court’s judgment allowing the Debtors’ counsel, Lentz & Clark, P.A. (“Firm”), to recover its post-petition attorney fees from a pre-petition retainer. Because we are bound to follow the United States Supreme Court’s decision in Lamie v. United States Trustee, 1 we reverse.
I. BACKGROUND
The facts leading up to this appeal are uncontested. The Debtors hired the Firm in 2003 to advise them about their financial situation. The Debtors initially paid the Firm a $5,000 cash retainer. In October 2003,…
2Cases cited20 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United States v. GrandersonSupreme Court of the United States · 1994
- Andrews & Kurth L.L.P. v. Family Snacks, Inc. (In Re Pro-Snax Distributors, Inc.)Court of Appeals for the Fifth Circuit · 1998
- In Re McDonald Bros. Construction, Inc.United States Bankruptcy Court, N.D. Illinois · 1990
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First National Bank v. Woods (In Re Woods)Court of Appeals for the Tenth Circuit · 2014
- In Re HanksUnited States Bankruptcy Court, D. Utah · 2007
- Weinman v. Graves (In Re Graves)Court of Appeals for the Tenth Circuit · 2010
- White v. Coyne, Schultz, Becker & Bauer, S.C. (In re Pawlak)United States Bankruptcy Court, W.D. Wisconsin · 2012
- Redmond v. Carson (In Re Carson)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
1 more not listed; retrieve them via the Exa API.