Desmond v. Baker (In re McDonnell)
Mar
30
2007
Ruling
Legal fees paid by debtor from proceeds of unauthorized postpetition sale of residence were recoverable by trustee.
Procedural posture
Plaintiff, a chapter 7 trustee, sued defendant, counsel to debtor, pursuant to 11 U.S.C. § 542(a) for $1,000 that he received from debtor on account of legal fees allegedly owed for legal services, which payment was made from the proceeds of debtor's postpetition but unauthorized sale of her residence while a chapter 13 was pending. Cross-motions for summary judgment were filed.
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Court
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