In re Hall (03-54624)

The movant and the respondent had represented the prepetition debtor in medical malpractice actions. The movant and the respondent had a fee sharing agreement. After the debtor filed for Chapter 7 relief, the bankruptcy trustee employed the respondent to prosecute the malpractice actions on behalf of the bankruptcy estate. After the malpractice action settled, the movant sought to enforce his fee sharing agreement with the respondent. The Court held that the movant had failed to show that he had rendered any prepetition or postpetition services for which he could be compensated by the bankruptcy estate. The Court held that the movant's contention that the respondent had breached their fee sharing agreement should be resolved in state court.

Thursday, September 24, 2009