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IN RE K.D. CO., INC.

BAP No. NM-00-011. Bankruptcy No. 96-12974.

254 B.R. 480 (2000)

In re K.D. COMPANY, INC., doing business as Bleu Ice Gea, also known as K.D. Company, Inc., Debtor. Behles-Giddens, P.A., now known as J.D. Behles & Associates, Appellant, v. Martin Raft, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

November 7, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jennie Deden Behles of J.D. Behles & Associates, a Commercial Law Firm, P.C., Albuquerque, New Mexico, for Defendant-Appellant.

David T. Thuma of Jacobvitz, Thuma & Walker, P.C., Albuquerque, New Mexico, for Plaintiff-Appellee.

Before BOULDEN, ROBINSON, and CORNISH, Bankruptcy Judges.

OPINION

BOULDEN, Bankruptcy Judge.

This appeal arises from a dispute between two creditors over the interpretation of a provision in a confirmed Chapter 11 plan that allowed unpaid administrative claimants to seek disgorgement from paid administrative claimants. Utilizing the plan's provision, the Chapter 11 debtor's landlord obtained a judgment requiring disgorgement of almost $40,000 in fees from the debtor's former general counsel. The law firm now appeals...

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