Kun v. Mansdorf, et al.

Citation:
No. 12-15014 (9th Cir. Feb. 27, 2014)
Tag(s):
Ruling:
Attorney is required to disgorge pre-petition retainer since he failed to disclose his status as a creditor.
Procedural context:
Appeal from district court order affirming a bankruptcy court order.
Facts:
Attorney performed pre-petition services for Debtor and accepted a $5,000 retainer. Attorney failed to disclose to the bankruptcy court that he had performed pre-petition services for the Debtor and was therefore a creditor of the bankruptcy estate. The bankruptcy court required the attorney to disgorge the retainer.
Judge(s):
Callahan and M. Smith, Circuit Judges, and Hellerstein, Senior District Judge

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