IN RE ANDERSON

No. 15-1316.

811 F.3d 166 (2016)

IN RE Henry London ANDERSON, Jr., Debtor. Stubbs & Perdue, P.A., Appellant, v. James B. Angell, Chapter 7 Trustee, Trustee-Appellee, and United States Of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2016.


Attorney(s) appearing for the Case

ARGUED: Trawick Hamilton Stubbs, Jr. , Stubbs & Perdue, P.A., New Bern, North Carolina, for Appellant. Paul Andrew Allulis , United States Department of Justice, Washington, D.C.; James B. Angell , Howard, Stallings, From, Hutson, Atkins, Angell & Davis, P.A., Raleigh, North Carolina, for Appellees. ON BRIEF: Joseph Z. Frost , Stubbs & Perdue, P.A., Raleigh, North Carolina, for Appellant. Caroline D. Ciraolo , Acting Assistant Attorney General, Thomas J. Clark , Tax Division, United States Department of Justice, Washington, D.C.; Thomas G. Walker , United States Attorney, Office Of The United States Attorney, Raleigh, North Carolina; Nicholas C. Brown , Howard, Stallings, From, Hutson, Atkins, Angell & Davis, P.A., Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge HARRIS wrote the opinion, in which Judge WILKINSON and Judge KEENAN joined.


Stubbs & Perdue, P.A. ("Stubbs") represented Henry L. Anderson, Jr. (the "Debtor") in bankruptcy proceedings, and is owed approximately $200,000 in legal fees from that representation. But the Debtor also is subject to nearly $1 million in secured tax claims, and the estate has insufficient funds to pay both Stubbs...

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