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IN RE MOBILE TEAM, LLC

No. 10-31771-DOT.

447 B.R. 512 (2011)

In re THE MOBILE TEAM, LLC, Chapter 7, Debtor.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

January 10, 2011.

Attorney(s) appearing for the Case

David K. Spiro , Sheila G. DeLa Cruz , Hirschler Fleischer, P.C., Richmond, VA, for Chapter 7 Debtor.

Terry Catherine Frank , Kaufman & Canoles, Richmond, VA, for Chapter 7 Trustee.

Dennis T. Lewandowski , Kaufman & Canoles, P.C., Norfolk, VA, for Official Committee of Unsecured Creditors.

Robert B. Van Arsdale , Office of the U.S. Trustee, Richmond, VA, for Asst. U.S. Trustee.

MEMORANDUM OPINION AND ORDER

DOUGLAS O. TICE JR., Chief Judge.

Harry Shaia Jr., chapter 7 trustee in this converted case, filed a motion to require debtor's counsel, the firm of Hirschler Fleischer, P.C., to disgorge the retainer paid by debtor to counsel prior to the filing of debtor's chapter 11 petition. Hirschler Fleischer opposes the motion and requests the court to allow it to draw on the balance of its pre-petition retainer. Both parties filed...

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