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IN RE ALCALA

No. 89-15372.

918 F.2d 99 (1990)

In re Gilbert ALCALA, Darlene Alcala, Debtors. Richard A. CANATELLA, Plaintiff-Appellant, v. Edward F. TOWERS, Trustee, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 1, 1990.

Attorney(s) appearing for the Case

Richard A. Canatella, San Francisco, Cal., for debtors, plaintiff-appellant.

Michael St. James, Rosenblum, Parish & Bacigalupi, San Francisco, Cal., for defendant-appellee.

Before LIVELY, FLETCHER and REINHARDT, Circuit Judges.

LIVELY, Circuit Judge:

This case concerns an attempt by an attorney for Chapter 7 debtors in bankruptcy, who was never employed by the trustee, to collect a fee for alleged post-petition services to the bankruptcy estate. The bankruptcy court denied the request for an attorney fee, and the district court affirmed. We agree that the attorney is not entitled to be paid from estate assets, and affirm the judgment of the district...

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