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Magten Asset. Mgmt. Corp. v. Paul Hastings Janofsky & Walker LLP (In re Northwestern Corp.)

Jul
17
2006
Ruling
Court affirmed order denying motion for attorney disqualification since potential conflict of interest was not per se disqualification.
Procedural posture

Appellant creditor sought review of an order issued by the bankruptcy court, denying the creditor's motion to disqualify appellee, the debtor's counsel.

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opinion summary, case decided on July 17, 2006 , LexisNexis #0806-048
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In re FF Holdings Corp.

May
09
2006
Ruling
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
Procedural posture

Investment fund brought before the court an application for allowance of expenses from debtors pursuant to 11 U.S.C. § 503(b)(3) and (4). Debtors did not oppose the fund's application; however, the trustee filed an objection.

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opinion summary, case decided on May 09, 2006 , LexisNexis #0606-015
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In re IT Group Inc. v. IT Litig. Trust

Mar
17
2006
Ruling
State agency was not entitled to an automatic stay exception for its administrative proceedings against the debtor since the state agency's claim was an unsecured claim under the debtor's confirmed chapter 11 plan.
Procedural posture

Appellant, the New Jersey Department of Environmental Protection ("NJDEP"), issued an administrative order against a bankruptcy debtor. Appellee, the successor to the debtor's estate, filed motions in the bankruptcy court after the NJDEP sought a summary decision in the contested proceeding that the debtor filed. The bankruptcy court granted the successor's motions and ordered the NJDEP to dismiss the administrative action. The NJDEP appealed.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-011
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