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IN RE TWO GALES, INC.

BAP Nos. 10-8063, 10-8064, 10-8079.

454 B.R. 427 (2011)

In re TWO GALES, INC., Debtor. Cupps & Garrison, LLC, Appellant, v. Susan Rhiel, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: July 14, 2011.

Attorney(s) appearing for the Case

ARGUED: Stewart H. Cupps , Cupps & Garrison, LLC, Columbus, OH, for Appellant. Susan L. Rhiel , Rhiel & Associates Co., LPA, Columbus, OH, for Appellee. ON BRIEF: Stewart H. Cupps , Cupps & Garrison, LLC, Columbus, OH, for Appellant. Susan L. Rhiel , Rhiel & Associates Co., LPA, Columbus, OH, for Appellee.

Before: BOSWELL, HARRIS, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

MARILYN SHEA-STONUM, Bankruptcy Judge.

After the debtor's chapter 11 case was converted to a case under chapter 7, the bankruptcy court entered orders granting fees to counsel for Susan Rhiel, the chapter 7 Trustee (the "Trustee"), denying the fees requested by Cupps & Garrison, LLC ("C & G"), debtor's chapter 11 counsel, and requiring C & G to disgorge its pre-petition retainer so that the administrative expenses from the chapter 7 case...

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