In re Kirschner
May
05
2010
Ruling
Trustee's retention of law firm that previously represented debtor as special counsel approved for limited purpose only.
Procedural posture
Before the court was the chapter 7 trustee's application to employ a certain law firm as Special Counsel. An objection was filed by a corporation (hereafter, "Objector") against whom the chapter 7 Trustee sought to prosecute claims. Debtor, represented by the firm for a time, had earlier prosecuted the same claims against the corporation.
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Court
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In re Vaughan
Apr
28
2010
Ruling
Debtor could employ prepetition SEC defense attorneys as special counsel for limited purpose of concluding representation and filing fee applications.
Procedural posture
Pursuant to 11 U.S.C.S. § 327(e), debtor filed an application to employ and compensate certain attorneys and their firm as Special Counsel in his bankruptcy case.
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Court
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In re Polaroid Corp.
Jan
22
2010
Ruling
Trustee could employ law firm that represented debtors in chapter 11 adversary proceedings as special counsel to continue those proceedings after conversion to chapter 7.
Procedural posture
In related cases commenced under chapter 11, but converted to chapter 7, the trustee sought approval of his employment of a particular law firm as special counsel for the estate. Defendants in adversary proceedings objected to the employment of that firm under 11 U.S.C.S. § 327(e).
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Court
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In re Johnson
Nov
21
2008
Ruling
Employment of debtor's attorney by chapter 11 trustee for transition services approved.
Procedural posture
The chapter 11 trustee applied under 11 U.S.C.S. § 327(e) to employ debtors' counsel for the specified special purpose of performing transition services he had requested. As finally adjusted, the 11 U.S.C.S. § 330(a)(1) fee request sought a total of $ 179,894, including the $ 3,857 incurred at the request of the chapter 11 trustee after counsel's § 327(a) employment ended and $ 1625 for preparation and prosecution of the final fee application.
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Court
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In re Select Car Rental Inc.
Nov
17
2008
Ruling
Attorney representing third party plan proponents could not represent debtor in contested adversary proceeding.
Procedural posture
A debtor filed an application for approval of the employment of an attorney as special counsel, pursuant to 11 U.S.C.S. § 327(e), for the purpose of representing the debtor in a contested matter regarding a creditor's proof of claim. The creditor objected to the application.
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Court
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In re Greebelt CT Imaging Ctr. LLC
Jan
03
2008
Ruling
Debtor could not retain accounting firm that had potentially adverse interests to the estate.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor filed an application for an order authorizing retention of an accounting firm as the debtor's accountant nunc pro tunc. A U.S. trustee and the debtor's principal secured creditor opposed the application.
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Court
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In re Eagle Broadband Inc.
Dec
06
2007
Ruling
Application for employment of special corporate counsel denied where on firm attorney had served as debtor's corporate secretary.
Procedural posture
The debtors, 12 related entities, filed for relief under chapter 11 and remained debtors-in-possession. The debtors filed an application for authority to employ special corporate counsel, pursuant to 11 U.S.C. § 327(e). The court issued findings of fact and conclusions of law.
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Court
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In re Roy Frischhertz Constr. Co.
Aug
24
2007
Ruling
Previously undisclosed representation of surety company did not prevent approval of special counsel's fee application in absence of actual conflict.
Procedural posture
In a fourth interim fee application of special counsel for a chapter 11 debtor, two creditors filed a joint objection on the basis that the law firm was also representing a surety company, which was an alleged interest adverse to the debtor's estate in contravention of 11 U.S.C. § 327(e).
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Court
:
In re Running Horse LLC
Jul
10
2007
Ruling
Firm that represented creditor in acquisition of debtor was not disinterested and could not represent debtor or real estate and transactional matters.
Procedural posture
Chapter 11 debtor filed an application to employ a law firm as special counsel pursuant to 11 U.S.C. § 327(e). The United States Trustee objected.
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Court
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In re Tri-State Ethanol Co. LLC
Jul
10
2007
Ruling
Law firm that represented debtor in chapter 11 case could represent trustee after conversion to chapter 7.
Procedural posture
The debtor initially filed for relief under chapter 11, and the matter had been converted to a proceeding under chapter 7. The company sought to disqualify the law firm retained by the chapter 7 trustee to represent the trustee, because the law firm had previously represented the debtor.
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Court
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