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Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)

Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)

Ruling
Debtor in possession's counsel disqualified due to actual conflict of interest.
Procedural posture

Plaintiff bankruptcy debtors, a contractor and its sole corporate shareholder, brought an adversary proceeding against defendant subcontractor in a dispute concerning funds from a construction project. The subcontractor moved to disqualify the debtor's counsel and to appoint a chapter 11 trustee, and the shareholder moved for voluntary dismissal without prejudice of its claim to ownership of a project account.

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Commercial opinion summary, case decided on December 17, 2009 , LexisNexis #0110-037