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United States Sixth Circuit


In re: 5900 Assocs., Inc., 05-1838

A bankruptcy court retains jurisdiction to approve attorney's fees under 11 U.S.C. section 330 even after the underlying case is dismissed. In a proceeding arising from a bankruptcy trustee's efforts to set aside a debtor's transfer of property as a fraudulent transfer, an adverse judgment against the trustee is affirmed where, for purposes of determining the debtor's solvency at the time of the challenged transfer, a claim for attorney's fees from a prior case was unenforceable because the debtor's attorney never sought bankruptcy court approval of those fees under 11 U.S.C. section 330(a).

Appellate Information

  • Decided 11/07/2006
  • Published 11/07/2006

Judges

  • Before KEITH and BATCHELDER, Circuit Judges;  ALDRICH, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  Terrance A. Hiller, Jr., Kupelian Ormond & Magy, Southfield, Michigan, for Appellant.  Ryan D. Heilman, Daniel J. Weiner, Schafer & Weiner, Bloomfield Hills, Michigan, for Appellee.
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