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IN RE FICKLING

No. 03-5018.

361 F.3d 172 (2004)

In Re: John FICKLING, Debtor. John Fickling, Debtor-Appellee, v. Flower, Medalie & Markowitz, Esqs., Appellant.

United States Court of Appeals, Second Circuit.

Decided March 3, 2004.

Attorney(s) appearing for the Case

Jeffrey Herzberg, Zinker, Gelfand & Herzberg, LLP, Smithtown, NY, for Appellant.

Jeffrey K. Cymbler, Angel & Frankel, P.C. (Rick A. Steinberg, on the brief), New York, NY, for Debtor-Appellee.

Before: WALKER, Chief Judge, CALABRESI and STRAUB, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Appellant Flower, Medalie & Markowitz, Esqs. ("FMM"), a law firm that represented debtor-appellee John Fickling during his bankruptcy proceeding, seeks to recoup the fees it earned and expenses it incurred prior to the conversion of Fickling's case from Chapter 11 to Chapter 7. Both the bankruptcy court and the district court concluded that such fees and expenses were properly discharged and therefore not recoverable from the...

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