43 S. C. L. Rev. 1037 (1991-1992)
Use of Advance Fee Attorney Retainer Agreements in Bankruptcy: Another Special Law for Lawyers, The

handle is hein.journals/sclr43 and id is 1055 raw text is: THE USE OF ADVANCE FEE ATTORNEY
RETAINER AGREEMENTS IN
BANKRUPTCY: ANOTHER SPECIAL
LAW FOR LAWYERS?
LESTER BRICKMAN*
JONATHAN KLEIN**
I. INTRODUCTION ....................................... ...1039
II. BANKRUPTCY LAW: A PRIMER ............................ 1043
A. Purpose of the Bankruptcy Laws ................. 1043
B.   Voiding Preferences of One Creditor over Those of
O thers  .........................................  1044
C. Priority of Claims in Bankruptcy Estate Liquidation  1045
III. HISTORY OF REGULATION OF ATTORNEY FEES IN BANKRUPTCY   1046
A. Regulation of Attorney Fees in the New World .... 1046
B.   Attorney Fee Regulation in Bankruptcy .......... 1050
1. Attorney Fees for Representing a Debtor in
Bankruptcy Have Received Greater Scrutiny
than Attorney Fees for Other Services ........ 1050
a. The Vesting of the Bankruptcy Power at the
National Level  ..........................  1051
b. The Unique Purposes of the United States
Bankruptcy Statutes ..................... 1051
c.  The Political .Power and Organizational
Skill of the Group Most Affected by the
Bankruptcy Statutes: Creditors ........... 1052
2. Level of Compensation from     the Bankruptcy
Estate:   Balancing   Conservation   of   the
Bankruptcy Estate with Attracting a Competent
B ar  .........................................  1052
a. Attorney Fees Under the Bankruptcy Act of
1898  ....................................  1052
* Professor of Law, Benjamin N. Cardozo School of Law. B.S. 1961, Carnegie
Tech; LL.B. 1964, University of Florida; LL.M. 1965, Yale University.
** Attorney, Office of the General Counsel, Tele-Media Corporation. B.A. 1985,
Middlebury College; J.D. 1991, Benjamin N. Cardozo School of Law.

1037

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?