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IN RE TRIPLE STAR WELDING, INC.

BAP No. AZ-04-1442-MOSZ, Bankruptcy No. 02-00346-YUM-JMM.

324 B.R. 778 (2005)

In re TRIPLE STAR WELDING, INC., Debtor. Louis A. Movitz, Chapter 7 Trustee, Appellant, v. Barton L. Baker, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted March 18, 2005.

Filed April 28, 2005.

Attorney(s) appearing for the Case

Terry A. Dake, Phoenix, AZ, for Louis A. Movitz, trustee.

Barton L. Baker, Yuma, AZ, appellant pro se.

Before: MONTALI, SMITH and ZIVE, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

This appeal involves a fee award to debtor's counsel despite his nondisclosure of numerous facts that potentially render him ineligible for employment or compensation. The bankruptcy court has broad discretion to approve employment and award fees after the true facts are known, but not when the attorney does not make a full, candid, and complete disclosure.

The bankruptcy court also applied an incorrect legal...

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