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IN RE SIMMS CONSTRUCTION SERVICES CO., INC.

BAP No. 03-8074. Bankruptcy No. 97-50601. Adversary No. 99-5055.

311 B.R. 479 (2004)

IN RE SIMMS CONSTRUCTION SERVICES CO., INC., Debtor. Harold A. Corzin, Trustee, Plaintiff-Appellee, v. Decker, Vonau, Sybert & Lackey, Co., L.P.A., Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: July 8, 2004.

Attorney(s) appearing for the Case

Robert James Morje, Columbus, OH, argued and on brief, for Appellant.

Jerome Cox, Roetzel & Andress, Akron, OH, argued and on brief, for Appellee.

Before: COOK, GREGG, and LATTA, Bankruptcy Appellate Panel Judges.

OPINION

GREGG, Bankruptcy Judge.

Appellant, Decker, Vonau, Sybert, & Lackey, Co., L.P.A. ("Decker"), provided prepetition legal services to the Debtor, Simms Construction Services Co., Inc. ("Simms Construction"). Decker received payment for those services from the proceeds of an arbitration award during the ninety days preceding Simms Construction's bankruptcy filing. Harold A. Corzin, plaintiff-appellee, sued...

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