United States Tenth Circuit

In an appeal arises out of an adversary proceeding brought by a bankruptcy trustee against the bankruptcy debtors and a law firm representing them, a Bankruptcy Appellate Panel decision reversing a ruling in favor of the law firm is affirmed for the reasons stated by the BAP where: 1) funds held by the firm as a retainer for post-petition legal services were estate property; and 2) estate property could not be used to compensate the firm for post-petition legal services.

Appellate Information

• Decided 12/12/2007
• Published 12/13/2007

Judges

• PER CURIAM., Before TACHA, Chief Circuit Judge, HARTZ, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Carl R. Clark (Jeffrey A. Deines and Andrew D. Hennier, with him on the briefs), Lentz & Clark, P.A., Overland Park, Kansas, appearing for the Appellants., Catherine Y. Hancock, Attorney, Civil Rights Division, Appellate Section (Peter D. Keisler, Assistant Attorney General;  Roberta A. Deangelis, Acting General Counsel, P. Matthew Sutko, Attorney, and Sean E. Martin, Attorney, Executive Office for United States Trustees;  William Kanter and Sushma Soni, Attorneys, Civil Rights Division, Appellate Section, on the brief), United States Department of Justice, Washington, DC, appearing for the Amicus Curiae.


• For Appellees:
  
• Christopher J. Redmond (P. Glen Smith and Scottie S. Kleypas, with him on the brief), Husch & Eppenberger, LLC, Leawood, Kansas, appearing for the Appellee.