Legal Opinion

Brown v. Luker (In Re Zepecki)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided February 12, 2001No. 00-6074EAPublishedCited by 25 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Steven C.R. Brown (the “Attorney”) appeals the bankruptcy court 1 order requiring him to return to the estate the sum of $32,840.00 paid to him in attorneys’ fees. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm.

ISSUE

The issues on appeal are whether: (1) the bankruptcy court improperly asserted jurisdiction to order disgorgement of the fees paid to the Attorney for services allegedly performed for the debtor, Robert G. Zepecki, (the “Debtor”); (2) the bankruptcy…

2Cases cited9 opinions

  1. In Re: Clara ClarkCourt of Appeals for the Eighth Circuit · 2000
  2. Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
  3. In Re: Bishweshwar Rai MAHENDRA, Debtor, Eric J. SNYDER, Creditor—Appellant, v. A. Thomas DEWOSKIN, Trustee—AppelleeCourt of Appeals for the Eighth Circuit · 1997
  4. Conrad, Rubin & Lesser v. PenderSupreme Court of the United States · 1933
  5. Burma Jean Martin v. Richard L. CoxCourt of Appeals for the Eighth Circuit · 1998

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3Cited by25 opinions

  1. In re HanawahineUnited States Bankruptcy Court, D. Hawaii · 2017
  2. In Re MayeauxUnited States Bankruptcy Court, E.D. Texas · 2001
  3. Drews v. Vote (In Re Vote)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. Reese Baker v. Lowell CageCourt of Appeals for the Fifth Circuit · 2013
  5. In Re LaferriereUnited States Bankruptcy Court, D. Vermont · 2002

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