- 11 U.S.C.
Banner v. Cohen Estis & Assocs. LLP (In re Balco Ltd.)
Jul
07
2006
Ruling
On reconsideration, disgorgement of attorneys' fees upheld where firm failed to disclose conflict of interest.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant law firm which represented bankruptcy debtors in consolidated cases, seeking disgorgement of the firm's retainer based on lack of disclosures under 11 U.S.C. § 327 and Fed. R. Bankr. P. 2014. The firm moved for reconsideration of the order which directed the firm to disgorge the retainer and denied the firm's fee application.
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Court
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