United States Ninth Circuit

In bankruptcy proceedings in which a law firm representing debtor objected to certain funds requested by the bankruptcy trustee from accumulated funds held as collateral for a lender's loans, grant of trustee's motion to augment his administrative fund and pay certain specified expenses is affirmed where: 1) a waiver of surcharge or assessment against the collateral, approved as to form and content by the firm and signed by the debtor, was comprehensive and effectively barred the claims now being made by the firm; and 2) establishment of the trustee's Administrative Fund did not require the application of Bankruptcy Code section 506(c).

Appellate Information

• Argued 12/03/2007
• Decided 01/03/2008
• Published 01/03/2008

Judges

• NOONAN, Circuit Judge:, Before:  HARRY PREGERSON, JOHN T. NOONAN, and STEPHEN S. TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David R. Weinstein, Jacquelyn H. Choi, Los Angeles, CA, for the appellants.


• For Appellees:
  
• John J. Bingham, Jr., John N. Tedford, IV, Los Angeles, CA, for the appellee.