Winship v. Cook (In Re Cook)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that disgorgement of all fees is warranted where the attorney's application for appointment failed to disclose a contingent fee arrangement with a creditor
• relying on definitions provided by In re Roberts, 46 B.R. 815 (Bankr. D. Utah 1985), aff’d in part and rev’d in part on other grounds, 75 B.R. 402 (D. Utah 1987) (en banc)
• relying on definitions provided by In re Roberts, 46 B.R. 815 (Bankr. D. Utah 1985), aff’d in part and rev’d in part on other grounds, 75 B.R. 402 (D. Utah 1987) (en banc)
• relying on definitions provided by In re Roberts, 46 B.R. 815 (Bankr. D. Utah 1985), aff’d in part and rev’d in part on other grounds, 75 B.R. 402 (D. Utah 1987) (en banc)
• total disgorgement of fees warrant- ed where attorney failed to disclose pre-petition contingent fee arrangement
• While representation of a creditor is not a per se bar to employment by the trustee under § 327(c), an actual conflict of interest or the appearance of impropriety remain as independent grounds for disqualification.”

Source: CourtListener parenthetical corpus (CC0).