IN RE CARSON

BAP No. KS-06-133, Bankruptcy No. 05-24327-7.

374 B.R. 247 (2007)

In re La Shon CARSON, Debtor. Christopher J. Redmond, Trustee, Appellant, v. La Shon Carson, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

August 24, 2007.


Attorney(s) appearing for the Case

Christopher J. Redmond, pro se (P. Glen Smith of Husch & Eppenberger, LLC with him on the brief), Leawood, KS.

David A. Reed of Law Office of David A. Reed, P.A., Kansas City, KS, for Appellee.

Before BOHANON, BROWN, and THURMAN, Bankruptcy Judges.


BOHANON, Bankruptcy Judge.

Appellant Christopher J. Redmond ("the Trustee") appeals an order entered by the United States Bankruptcy Court for the District of Kansas declining to apply the doctrine of marshaling to Debtor's tax refund, which was assigned pre-petition to Debtor's counsel for his flat-fee retainer. The Trustee argues that the bankruptcy court erred because (1) its ruling assessed the burden of Debtor's attorney's fees against the estate rather than...

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