In re: Solis

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 09-4075
Decision Date: 
July 9, 2010
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed
Bankruptcy Ct. did not err in limiting attorney's fee to percentage of $60,000 settlement proceeds received by debtor in underlying action through efforts of said attorney even though attorney asserted that applicable 40% contingency agreement also applied to $62,410 that debtor had previously obtained in partial satisfaction of same debt prior to attorney being retained by debtor. While language of settlement agreement included waiver of any claim by third-party to return of said $62,410, language of contingency agreement did not make clear that debtor would be required to pay attorney 40% of $62,410 that debtor had already received through his own efforts.