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SPECKER MOTOR SALES CO. v. EISEN

No. 03-1893.

393 F.3d 659 (2004)

SPECKER MOTOR SALES CO., Respondent-Appellant, v. Sail EISEN, United States Trustee, Petitioner-Appellee.

United States Court of Appeals, Sixth Circuit.

December 17, 2004.

Attorney(s) appearing for the Case

ARGUED: Donald Wayne Bays, Osstyn, Bays, Ferns & Quinnell, Marquette, MI, for Appellant. P. Matthew Sutko, U.S. Department of Justice Executive Office for U.S. Trustees, Michele M. Mansfield, Executive Office of the U.S. Trustees, Washington, DC, Michael V. Maggio, Office of the U.S. Trustee, Grand Rapids, MI, Thomas J. Clark, Trial Attorney, Francesca Ugolini, U.S. Dept of Justice, Appellate Section, Tax Div., Washington, DC, for Appellees.

Before BOGGS, Chief Judge; GILMAN, Circuit Judge; and WEBER, Senior District Judge.

BOGGS, Chief Judge.

Donald Bays appeals from the district court's order requiring him to disgorge the portion of his retainer in excess of his pro rata share of the Specker Motor Sales Company bankruptcy estate. Bays argues that the district court erred in finding that disgorgement is mandatory when necessary to effectuate a pro rata distribution of the estate's assets. Because we conclude that such disgorgement is mandatory, we affirm the district court...

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