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IN RE EQUIPMENT SERVICES, INC.

No. 1:00CV00143.

260 B.R. 273 (2001)

In re EQUIPMENT SERVICES, INC., Debtor. United States Trustee, Appellant, v. Equipment Services, Inc., Appellee.

United States District Court, W.D. Virginia, Abingdon Division.

March 30, 2001.

Attorney(s) appearing for the Case

Margaret K. Garber, Office of the United States Trustee, Roanoke, VA, for appellant.

John M. Lamie, Browning & Lamie, P.C., Abingdon, VA, for appellee.

OPINION

JONES, District Judge.

The question in this bankruptcy case is whether a debtor's attorney is entitled to payment of a fee from a pre-petition retainer held by the attorney, for services rendered after the bankruptcy case had been converted to chapter 7. While I hold that a 1994 amendment to the Bankruptcy Code withdrew the power of the bankruptcy court to award a fee to a chapter 7 debtor's attorney from the funds of the bankruptcy estate, I find...

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