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In re Hilburn's Paint and Body Shop, Inc.

United States Bankruptcy Appellate Panel, Sixth Circuit
Oct 4, 2001
268 B.R. 127 (B.A.P. 6th Cir. 2001)

Opinion

no. 01-8026

October 4, 2001

Before: AUG, MORGENSTERN-CLARREN, and RHODES, Bankruptcy Appellate Panel Judges.


ORDER


This is the second appeal presented by the United States Trustee on the issue of whether the Bankruptcy Code permits compensation to a debtor's attorney from the debtor's estate. In a prior opinion, the Panel affirmed the bankruptcy court's interim award of the $1,250.20 in compensation to the debtor's attorneys. See United States Trustee v. Hilburn's Paint and Body Shop, Inc. (In re Hilburn's Paint and Body Shop, Inc.), 253 B.R. 519 (B.A.P. 6th Cir. 2000). The United States Trustee now appeals the bankruptcy court's final order approving administrative claim and disbursement of funds, which includes final approval and disbursement of $1,250.20 in compensation to the chapter 7 debtor's attorneys from the bankruptcy estate.

Upon examination of the record and the briefs, the Panel unanimously agrees that oral argument would not significantly aid the decisional process in this appeal, and therefore waives oral argument. Fed.R.App.P. 34(a); F.R.Bankr.P. 8012.

Under the law of the case doctrine, a court is ordinarily precluded from re-examining an issue previously decided in the same case. Consolidation Coal Co. v. McMahon, 77 F.3d 898, 905 n. 5 (6th Cir. 1996). Because the Panel's prior decision addressed the same issue presented in this appeal, the law of the case doctrine is applicable to this appeal. See In re George Worthington Co., 921 F.2d 626, 628-29 (6th Cir. 1990) ("The purpose of the doctrine of law of the case is to promote judicial comity, the judicial system's interest in finality, and the efficient administration of cases").

Therefore, for the reasons stated in the Panel's prior decision, the decision of the bankruptcy court in favor of the appellees is AFFIRMED.


I respectfully dissent from the Panel's decision and would reverse the decision of the bankruptcy court for the same reasons stated in my dissent in Hilburn's Paint and Body Shop, Inc., 253 B.R. 519 (BAP 6th Cir. 2000).

ENTERED BY ORDER OF THE PANEL


Summaries of

In re Hilburn's Paint and Body Shop, Inc.

United States Bankruptcy Appellate Panel, Sixth Circuit
Oct 4, 2001
268 B.R. 127 (B.A.P. 6th Cir. 2001)
Case details for

In re Hilburn's Paint and Body Shop, Inc.

Case Details

Full title:In re: Hilburn's Paint And Body Shop, Inc., Debtor. Ellen B. Vergos…

Court:United States Bankruptcy Appellate Panel, Sixth Circuit

Date published: Oct 4, 2001

Citations

268 B.R. 127 (B.A.P. 6th Cir. 2001)

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