Unpublished Dispositionin Re William Allan Wright, Debtor.william Allan Wright, Plaintiff-appellant, v. Unknown, Defendant-appellee, 916 F.2d 714 (6th Cir. 1990)

William Wright, a prisoner in Virginia, appeals the district court's August 24, 1989 order.

Wright originally retained the services of Larry D. Coleman for representation and filed for Chapter 11 in the Western District of Missouri. Wright later requested and received a transfer to the Western District of Kentucky in Paducah because of his move to the Kentucky State Penitentiary. He was then moved to Virginia. He requested and received transfer of the proceedings to Virginia. The Virginia bankruptcy court transferred the Chapter 11 proceedings back to Kentucky.

The Kentucky bankruptcy court reopened the proceedings. Larry Coleman requested appointment of a trustee and moved for compensation. Mr. Coleman was awarded $8,002.50 in fees and $466 in expenses. A trustee was appointed and shortly afterwards the trustee moved to dismiss the proceedings with prejudice because of the debtor's total lack of cooperation. The bankruptcy court granted this motion and the district court upheld the bankruptcy court.

Wright appeals three issues from the district court's August 24, 1989 order. First, Wright asserts that the bankruptcy court improperly retained jurisdiction over his proceedings. The bankruptcy court has authorization to retain jurisdiction even if venue isn't properly laid as long as there is no abuse of discretion. In re: Bankers Trust, 403 F.2d 16 (7th Cir. 1968); Bass v. Hutchins, 417 F.2d 692 (5th Cir. 1969). Most of Mr. Wright's properties are located in Jeffersonville, Indiana and Louisville, Kentucky. The principal creditors are in Kentucky. These factors show that the bankruptcy court did not abuse its discretion.

Second, Wright argues that the bankruptcy court should have ordered his presence at the hearings. Again, the bankruptcy court's decision will be upheld unless there was an abuse of discretion. See Itel Capital Corp. v. Dennis Mining Supply & Equipment, Inc., 651 F.2d 405 (5th Cir. 1981); Stone v. Morris, 546 F.2d 730 (7th Cir. 1976). Wright's presence at the hearings would not have substantially furthered the resolution of the issues. The expense involved in transporting Wright from Virginia to Kentucky would have been considerable. Accordingly, the bankruptcy court did not abuse its discretion by holding hearings in Mr. Wright's absence.

Lastly, Mr. Wright asserts that the bankruptcy court improperly awarded compensation to Mr. Coleman. The bankruptcy court is given wide discretion in fixing attorney compensation. The court's decision will be upheld as long as there was not an abuse of discretion or erroneous application of the law. Southwestern Media, Inc. v. Rau, 708 F.2d 419, 422 (9th Cir. 1983). This standard has been met.

For the foregoing reasons, the district court's August 24, 1989 order is affirmed.