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IN RE HERRERA

No. 08-10258-BKC-RAM.

390 B.R. 746 (2008)

In re Mario HERRERA and Deborah Herrera, Debtors.

United States Bankruptcy Court, S.D. Florida, Miami Division.

June 5, 2008.

Attorney(s) appearing for the Case

Rex E. Russo, Esq., Coral Gables, FL, for Debtors.

Steven D. Schneiderman, Office of the U.S. Trustee, Miami, FL, for U.S. Trustee.

ORDER (1) DENYING DEBTOR'S MOTION FOR CONTEMPT BUT COMPELLING ATTORNEY FULLERTON TO TURNOVER DOCUMENTS; AND (2) DENYING FULLERTON'S MOTION FOR SANCTIONS

ROBERT A. MARK, Bankruptcy Judge.

The motions before the Court raise three issues: (1) Can an attorney in possession of a Chapter 7 debtor's documents refuse to turn over the documents based upon the attorney's retaining lien; (2) if turnover is required, is the attorney entitled to a replacement...

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