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IN RE DICK CEPEK, INC.

BAP No. CC-05-1139-MoPaMa. Bankruptcy No. LA 99-19373-EC.

339 B.R. 730 (2006)

In re DICK CEPEK, INC., Debtor. Rus, Miliband & Smith, APC, Appellant, v. Timothy J. Yoo, Chapter 7 Trustee; Andela Consulting, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed — March 21, 2006.

Attorney(s) appearing for the Case

D. Edward Hays, Irvine, California, for appellant.

Timothy J. Yoo, Los Angeles, California for appellee.

Before: MONTALI, PAPPAS and MARLAR, Bankruptcy Judges.

Argued and Submitted on November 18, 2005 at Los Angeles, California.

OPINION

MONTALI, Bankruptcy Judge.

Following conversion of a case from Chapter 11 to Chapter 7, the bankruptcy court ordered debtor's Chapter 11 counsel to disgorge a portion of its pre-petition retainer in order to equalize payments among all chapter 11 administrative claimants pursuant to section 726(b).1 The Chapter 11 counsel appealed. We...

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