Bankr. L. Rep. P 74,230 in Re Marquam Investment Corporation, Debtor. Susan Brewer v. Erwin & Erwin, P.C.

Erwin & Erwin, P.C., a law firm, (the Erwin law firm) appeals from the reversal, by the district court, of the bankruptcy court’s order allowing the Erwin law firm’s unsecured claim for attorneys’ fees against the debtor, Marquam Investment Corporation (Marquam). The Erwin law firm seeks reversal on the ground that the district court erred in concluding that the bankruptcy court’s finding, that the Erwin law firm did not intend to donate its legal services to the creditor, was clearly erroneous. Appellant’s Brief at 2. We affirm the judgment entered by the district court because our independent review of the record before the bankruptcy court has convinced us that the bankruptcy court clearly erred in finding that Marquam agreed to pay the Erwin law firm for any legal services.

The Erwin law firm also contends that the district court considered matters that were outside the record of the bankruptcy proceedings, and, as a result, made improper findings of fact. Because our review of the bankruptcy court’s decision is de novo, any error that may have occurred resulting from the district court’s alleged consideration of matters not on the record would be completely…