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IN RE HOT TIN ROOF, INC.

BAP No. MB 96-033.

205 B.R. 1000 (1997)

In re HOT TIN ROOF, INC. Arthur D. SMITH, Esq., Appellant, v. J. Christopher MARSHALL, United States Trustee, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

March 18, 1997.

Attorney(s) appearing for the Case

Arthur D. Smith, on brief for appellant.

Paula R.C. Bachtell, Department of Justice, Office of the United States Trustee, on brief for appellee.

Before GOODMAN, VAUGHN, and CARLO, Bankruptcy Judges.

GOODMAN, Bankruptcy Judge.

Arthur D. Smith, Esq., former counsel to Chapter 11 debtor Hot Tin Roof, Inc. ("HTR"), appeals from an order of the Bankruptcy Court denying Smith's application for fees and requiring him to disgorge all fees received in connection with the case on or after April 1, 1994. The Bankruptcy Court found that (1) at the time the petition was filed, Smith was not a disinterested person within the meaning of 11 U.S.C. § 327(a)

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