United States Sixth Circuit
IN RE BIG RIVERS ELEC. CORP., 02-6212
District court acted within its discretion in ordering the examiner appointed in a Chapter 11 reorganization, and the examiner's law firm, to disgorge all fees dispensed to them during the case. The examiner violated his duties to remain disinterested and loyal, and to disclose payments promised to him, when he secretly negotiated, and in some instances consummated, personal compensation arrangements with unsecured creditors.
Appellate Information
- Decided 01/08/2004
- Published 01/08/2004
Judges
- Before GIBBONS and SUTTON, Circuit Judges; MILLS, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Donald L. Cox (argued and briefed), Lynch, Cox, Gilman & Mahan, Louisville, KY, for Appellant., Michael A. Fiorella (argued and briefed), Sullivan, Mountjoy, Stainback & Miller, Owensboro, KY, for Debtor., James M. Miller (briefed), Sullivan, Mountjoy, Stainback & Miller, Owensboro, KY, for Debtor.
- For Appellees:
- Michael E. Robinson (argued and briefed), U.S. Department of Justice, Civil Division, William Kanter (briefed), U.S. Department of Justice, Civil Division, Washington, D.C., Alan C. Stout (briefed), Stout Law Office, Marion, KY, for Appellees.