In re Patterson
Jan
15
2008
Ruling
Debtor's attorney's prepetition retainer was subject to disgorgement.
Procedural posture
After an attorney for a chapter 11 debtor withdrew and the case was converted to a chapter 7 case, the attorney filed an application for compensation, seeking permission to apply a prepetition retainer paid to her in partial satisfaction of her fees, with the balance due to be paid by the debtor if not paid pursuant to 11 U.S.C.S. § 726(b) at the close of the case. Both the chapter 7 trustee and the U.S. Trustee objected.
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Court
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