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IN RE TOWNE, INC

No. 12-3069.

In re: TOWNE, INC and DMD TOWNE, LLC, Debtors. THE MARGOLIS LAW FIRM LLC, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 29, 2013.

Attorney(s) appearing for the Case

Seth L. Dobbs, Esq. (Argued), Martin G. Margolis, Esq. , The Margolis Law Firm LLC, 5 Becker Farm Road, 4th Floor, Roseland, NJ 07068, Counsel for Appellant.

Anthony Sodono, III, Esq. (Argued), Trenk, DiPasquale, Della Fera & Sodono, P.C., 347 Mt. Pleasant Avenue, Suite 300, West Orange, NJ 07052, Counsel for Appellee Joseph Newman.

Joann Sternheimer, Esq. (Argued), Deily, Mooney & Glastetter, LLP, 8 Thurlow Terrace, Albany, NY 12203, Counsel for Appellee BMW Financial Services LLC.

Before: JORDAN, VANASKIE, Circuit Judges, and RAKOFF, Senior District Judge.

NOT PRECEDENTIAL

OPINION

VANASKIE, Circuit Judge.

The Margolis Law Firm LLC ("Margolis" or "The Margolis Law Firm") appeals from the District Court's denial of its motion to collect fees and expenses for its service as special counsel in the underlying bankruptcy case. Although such fees and expenses are ordinarily chargeable only against the surplus of a debtor's estate, Margolis seeks to collect them from proceeds of the sale of a secured creditor...

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