DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

046067P.pdf   03/16/2005  Fiegen Law Firm  v.  Habbo Fokkena
   U.S. Court of Appeals Case No:  04-6067
   Northern District of Iowa   
Bankruptcy Appellate Panel. Bankruptcy court properly applied Eighth Circuit law in determining unearned portion of attorney's retainer is an asset of the estate; bankruptcy court erred, however, in determining prepetition fees and expenses were not payable out of the retainer; bankruptcy court did not err in finding counsel was not entitled to payment of postpetition fees and expenses from the unapplied portion of the security retainer or from other assets of the estate; bankruptcy court applied the wrong standard for determining the reasonableness of the prepetition fees, and on remand, it should determine the reasonable value of the services under Section 329 of the Code [PUBLISHED] [Federman, Author, with Schermer and Venters, Bankruptcy Judges]