In re: Two Gale

Filing

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]

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