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IN RE SMITH

Bankruptcy No. 04-90150. Adversary No. 07-9002.

397 B.R. 810 (2008)

In re Mark D. SMITH, Debtor. Daniel J. Goldberg, Chapter 7 Trustee, Plaintiff v. Robert Clay Vilt, Defendant.

United States Bankruptcy Court, E.D. Texas, Lufkin Division.

October 20, 2008.

Attorney(s) appearing for the Case

John Mayer, Ross, Banks, May, Cron & Cavin, P.C., Houston, TX, for Plaintiff, Daniel J. Goldberg, Chapter 7 Trustee.

Robert Clay Vilt, Vilt & Associates, Houston, TX, Defendant proceeding pro se.

MEMORANDUM OF DECISION

BILL PARKER, Chief Judge.

This matter is before the Court upon trial of the Complaint for Disgorgement of An Unauthorized Fee and for Negligence filed by the Plaintiff, Daniel J. Goldberg (the "Trustee"), in his capacity as the Chapter 7 Trustee in the above-referenced bankruptcy case. The complaint seeks the disgorgement of a $103,200.00 "referral" or "forwarding" fee received in the post-petition period by the Defendant, and...

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