Saint George, UT
Chapter 7 bankruptcy Lawyer at Saint George, UT
Practice Areas: Chapter 7 Bankruptcy, Divorce & Separation ... +3 more
OUTCOME: Won on summary judgment
A former client represented by a competitive law firm sued alleging violations of the bankruptcy code and rules of professional conduct arising from representing the debtor in chapter 7 bankruptcy. At ... issue was whether a bifurcated fee agreement is permissible in chapter 7 cases.
OUTCOME: Won
After United States Trustee (UST) successfully moved to reopen debtor's Chapter 7 case based on issues raised by bankruptcy counsel's use of “zero-down” bifurcated fee arrangement, UST filed motion for ... sanctions, as to which bankruptcy counsel's summary judgment motion was granted, 2019 WL 1567751. Law firm from which debtor initially sought legal services but whose representation he ultimately declined because he lacked funds to pay its required prepetition retainer also filed motion for sanctions against bankruptcy counsel, and later was substituted as debtor's attorney. The court granted summary judgment holding that bankruptcy counsel's claims for postpetition services arose under a postpetition agreement that was not subject to the automatic stay, and the debtor suffered no compensable damages from bankruptcy counsel's representation of him.
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