Swartz v. Odle (In re Odle)

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether an attorney has a valid claim for 20% of the proceeds of a worker’s compensation settlement.

The Debtor, David M. Odie, filed a petition pursuant to Chapter 7 of the Bankruptcy Code on February 23, 1996. One of the assets of the bankruptcy estate is a worker’s compensation settlement.

The Debtor retained Attorney Stephen CuUison on September 6, 1994, to handle a worker’s compensation claim against Philip Pennington, d/b/a Portable Sanitation Systems. The basis for the claim was a slip and fall accident which occurred…