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In re Rosebud Farm, Inc.

On the remand from the District Court of the court’s disallowance of a claim for attorney’s fees and costs arising from a prepetition judgment against the debtor and upon further briefing and fully competing claims brought by the judgment creditor (the attorney’s prepetition client), held:  Having been given an unwarranted second chance to submit a sufficient claim in the chapter 7 case, the attorney/claimant has established that he has an unsecured claim against the debtor’s estate.  The evidence submitted to the court is not in dispute, though is insufficient to establish a secured claim against the debtor or the bankruptcy estate.  The claim of the judgment creditor is, on the other hand, fully secured.  As a result, the attorney’s claim is allowed solely as an unsecured claim and the judgment creditor’s is allowed as a secured one, in the amounts set forth in the Memorandum Decision.

Tuesday, April 30, 2024