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BARRON v. COUNTRYMAN

No. 04-40462.

432 F.3d 590 (2005)

Robert E. BARRON, Plaintiff-Appellant, v. Janna L. COUNTRYMAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 2005.

Attorney(s) appearing for the Case

John J. Durkay (argued), Mehaffy & Weber, Beaumont, TX, for Barron.

Greg Robert Arnove (argued), Plano, TX, for Countryman.

Before JONES, WIENER, and CLEMENT, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Robert Barron, a bankruptcy attorney, appeals the judgment of the bankruptcy and district courts ordering him to disgorge fees taken both pre- and postpetition from clients who utilized his services in one hundred sixty-seven Chapter 13 bankruptcies. The courts erred in construing Barron's retainer agreements to require escrow of the prepetition "deposits" earned for prepetition services. Neither Texas professional ethics standards nor...

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