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Ungaretti & Harris LLP v. Steinberg (In re Resource Tech. Corp.)

Ungaretti & Harris LLP v. Steinberg (In re Resource Tech. Corp.)

Ruling
Former chapter 11 trustee's counsel was not entitled to surcharge for services provided to perserve collateral prior to conversion to chapter 7.
Procedural posture

After conversion of a debtor's bankruptcy case from chapter 11 to chapter 7, plaintiff counsel to the former chapter 11 trustee, brought an adversary proceeding against defendant chapter 7 trustee in the converted case, claiming entitlement to payment for counsel's services from funds obtained in a prior settlement. The trustee moved for approval of a settlement which would provide a cash payment to counsel.

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opinion summary, case decided on December 04, 2006 , LexisNexis #0107-012