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Cupps & Garrison Loc v. Rhiel (In re Two Gales Inc.)

Cupps & Garrison Loc v. Rhiel (In re Two Gales Inc.)

Ruling
Bankruptcy court erred in denying attorneys' fee application based on priority of distribution after conversion without determining validity of retaining lien.
Procedural posture

Appellant counsel for a bankruptcy debtor prior to conversion of the debtor's case from Chapter 11 to Chapter 7 applied for approval of its attorney fees and costs. Counsel appealed the order of the U.S. Bankruptcy Court for the Southern District of Ohio which denied the fee application and ordered counsel to disgorge a retainer paid by the debtor.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 14, 2011 , LexisNexis #0811-037