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IN RE WAGERS

BAP Nos. KS-06-056, Bankruptcy Nos. 03-24484, 04-6095.

355 B.R. 268 (2006)

In re Max R. WAGERS, doing business as Land & Cattle Co., and Georgia A. Wagers, Debtors. Christopher J. Redmond, Trustee, Plaintiff-Appellant, v. Lentz & Clark, P.A., Max R. Wagers, and Georgia A. Wagers, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed November 28, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Christopher J. Redmond, pro se, and Eric J. Howe of Husch & Eppenberger, LLC, Leawood, Kansas, for Plaintiff-Appellant.

Carl R. Clark and Jeffrey A. Deines of Lentz & Clark, P.A., Overland Park, Kansas, for Defendants-Appellees.

Before CLARK, BOHANON, and THURMAN, Bankruptcy Judges.

OPINION

THURMAN, Bankruptcy Judge.

The Debtors' Chapter 7 trustee ("Trustee") appeals the Bankruptcy Court's judgment allowing the Debtors' counsel, Lentz & Clark, P.A. ("Firm"), to recover its postpetition attorney fees from a pre-petition retainer. Because we are bound to follow the United States Supreme Court's decision in Lamie v. United States Trustee,1 we reverse.

I. BACKGROUND

The facts leading...

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