In re: Two Gale


OPINION and JUDGMENT filed: AFFIRMED in part, VACATED in part, case is REMANDED, decision fully precedential pursuant to local BAP rule 8013-1(b). G. Harvey Boswell, Arthur I. Harris (CONCURRING IN THE JUDGMENT IN PART AND DISSENTING IN PART), Marilyn Shea-Stonum, (AUTHORING) U.S. Bankruptcy Judges. [10-8063, 10-8064, 10-8079]

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Case: 10-8063 Document: 006111013207 Filed: 07/14/2011 Page: 1 BANKRUPTCY APPELLATE PANEL OF THE SIXTH CIRCUIT FILED Nos. 10-8063/8064/8079 In re: TWO GALES, INC., Debtor. _____________________________________________________ Jul 14, 2011 LEONARD GREEN, Clerk CUPPS & GARRISON, LLC, Appellant, v. SUSAN RHIEL, CHAPTER 7 TRUSTEE, Appellee. Before: BOSWELL, HARRIS, and SHEA-STONUM, Judges of the Bankruptcy Appellate Panel. JUDGMENT On Appeal from the United States Bankruptcy Court for the Southern District of Ohio at Columbus This cause having been heard on the record from lower court proceedings and argued by counsel, it is the judgment of the Bankruptcy Appellate Panel that the bankruptcy court’s August 17, 2010 order granting the fee application of the Trustee’s counsel is AFFIRMED. IT IS FURTHER ORDERED that the August 10, 2010 order denying C & G’s fee application and the October 15, 2010 order directing disgorgement are VACATED and the case is REMANDED for factual determinations regarding the allowance of fees and the character of the retainer received by C & G. FOR THE PANEL ________________________ Leonard Green, Clerk

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