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Judge A. Benjamin Goldgar

In re Allan M. Olbur
October 1, 2004

03 B 13958, 03 A 02190

In re Richard Myung Park
September 13, 2004

04 B 02337, 04 A 02630

In re David D. Quimby
September 2, 2004

04 B 10026, 04 A 03105

In re GGSI Liquidation, Inc
September 1, 2004

01 B 31747, 03 A 03849

In re UAL Corporation
September 20, 2004

00 B 73447

Judge Jacqueline P. Cox

In re Griffin
August 26, 2004

04 B 19670

Through counsel, the chapter 7 debtors moved to redeem a vehicle under § 722. The court granted the motion but requested that counsel provide the court with additional information on the fee arrangement between the debtors and the debtors’ counsel. Supplemental documents revealed that (1) although the bankruptcy case was not filed until May 20, 2004, counsel began billing for the motion on February 8, 2004; and (2) a tripartite arrangement existed between the debtors, debtors’ counsel and a third party where the third party made a post-petition loan to the debtors to pay counsel for the pre-petition debt created by counsel’s pre-petition retainer agreement with the debtors and to redeem the vehicle from the secured creditor. The court found that the additional revenue from the redemption motion was not voluntarily disclosed to the court. The court concluded that counsel was not entitled to a fee for bringing the motion to redeem.

04 A 02333, 04 B 09265

United States Trustee made a variety of legal challenges to a bankruptcy petition preparer’s conduct under various subsections of 11 U.S.C. § 110 in two separate chapter 7 cases. After conducting an evidentiary hearing, the court found that the bankruptcy petition preparer violated 11 U.S.C. § 110(b)(1), § 110(c)(1)-(2) and § 110(g)(1). The court imposed the maximum fine for each violation. The court also granted the United States Trustee’s request under 11 U.S.C. § 110(j) for an injunction permanently barring the defendant from operating as a bankruptcy petition preparer.

Judge Jack B. Schmetterer