Stone Res., Inc., In re
May
04
2017
Ruling
Debtor's counsel's representation of debtor's principal in connection with district courtcontempt proceedings did not implicate a disqualifying conflict even if debtor's counsel wasnot a party to a prior litigation. (Bankr. E.D. Pa.)
Issue(s)
Definitions; “Disinterested Person”.
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Court
:
In re Harris
Jan
02
2014
Ruling
Confirmation denied due to attempt to include credit card debts as domestic support obligations.
Issue(s)
Should chapter 13 plan confirmation be denied due to treatment of credit card debts owed to spouse as domestic support obligations.
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Court
:
- 11 U.S.C.
In re Ashworth
Oct
01
2012
Ruling
Divorce judgment ordering debtor to pay alimony was a domestic support obligation.
Procedural posture
Chapter 13 debtor objected to a claim filed by a creditor, the debtor's former spouse.
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Court
:
- 11 U.S.C.
In re Throgmartin
Jan
05
2012
Ruling
Objection to claim for valid domestic support obligation overruled.
Procedural posture
A chapter 7 debtor objected to a claim of his former wife. The chapter 7 trustee filed a motion to determine that the claim was a domestic support obligation as defined in 11 U.S.C.S. § 101(14A). A creditor filed a response to the trustee's motion and a limited objection to the former wife's claim.
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Court
:
- 11 U.S.C.
In re Lupo
Feb
03
2011
Ruling
Interested creditor could not served as trustee even if disputed election were resolved in her favor.
Procedural posture
Numerous matters were before the court. Among them were the motion of an individual (who claimed she had been elected chapter 7 trustee) to retain counsel, her emergency motion to remove the trustee, and her emergency motion to vacate the U.S. Trustee's confirmation of a certain attorney and additional prayers.
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Court
:
Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)
Dec
17
2009
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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Court
:
- 11 U.S.C.
In re Teknek LLC
Oct
20
2008
Ruling
Attorney who had represented estate's primary creditor could not be employed by trustee due to potential conflict of interest.
Procedural posture
The chapter 7 trustee applied to employ an attorney and his law firm A judgment creditor of the debtor, and several persons or entities associated with the debtor filed objections to the employment of the attorney. The attorney had previously represented the judgment creditor in litigation against various parties related to the debtor, and the trustee sought to employ him to litigate against those same parties in an unrelated adversary action.
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Court
:
- 11 U.S.C.
In re Teknek LLC
Oct
17
2008
Ruling
Trustee's application to employ attorney denied as attorney had conflict with primary creditor and was not disinterested.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. Several interested parties associated with the bankruptcy proceedings objected to the application of a Chapter 7 trustee to employ an attorney and his law firm.
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Court
:
- 11 U.S.C.
In re Poole
Oct
09
2007
Ruling
Credit card debt, attorneys' fees and promissory note owed to former spouse were not domestic support obligations.
Procedural posture
Creditor, the former wife of the debtor, filed an objection to confirmation of the chapter 13 plan of the debtor. The issue was whether the debtor's obligation to pay the former wife three different debts under the parties' divorce decree constituted priority "domestic support obligations"as defined by 11 U.S.C. § 101(14)(A).
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Court
:
In re Cygnus Oil & Gas Corp.
May
29
2007
Ruling
Firm qualified as "disinterested" despite having partner who owned shares of debtor and served as director.
Procedural posture
A debtor filed an application to approve the retention of a law firm pursuant to 11 U.S.C. § 327(a). The trustee objected, asserting that the firm was not a disinterest person under 11 U.S.C. § 101(14).
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Court
: