Legal Opinion
In Re Busetta-Silvia
Bankruptcy Appellate Panel of the Tenth Circuit
Decided September 8, 2004No. BAP No. NM-03-087. Bankruptcy No. 13-02-17194-SAPublishedCited by 12 opinions
1Opinion of the Court
OPINION
MICHAEL, Bankruptcy Judge.
In a case of first impression within our circuit, we are asked to decide whether counsel for Chapter 13 debtors have the right to be paid under the terms of a Chapter 13 plan for services performed prepetition. The bankruptcy court ruled that such services must be paid for in full prior to the filing of the case or be treated like any other prepetition unsecured claim. 1 We reverse and remand for further proceedings.
I. Background
In July 2002, Diana Busetta-Silvia (“Debtor”) sought the advice of Michael K. Daniels (“Daniels”), an attorney who practices in the…
2Cases cited24 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Catlin v. United StatesSupreme Court of the United States · 1945
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- In re HirschUnited States Bankruptcy Court, W.D. Michigan · 2016
- In re ConnerUnited States Bankruptcy Court, D. New Mexico · 2016
- In Re FranciscoUnited States Bankruptcy Court, D. New Mexico · 2008
- In Re Aerobox Composite Structures, LLCUnited States Bankruptcy Court, D. New Mexico · 2007
7 more not listed; retrieve them via the Exa API.