Judge Farnan, Jr.

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

Appellant creditor sought review of an order issued by the bankruptcy court, denying the creditor's motion to disqualify appellee, the debtor's counsel.
Ruling: 
Court affirmed order denying motion for attorney disqualification since potential conflict of interest was not per se disqualification.
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In re FF Holdings Corp.

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.
Ruling: 
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
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In re IT Group Inc. v. IT Litig. Trust

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.
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.
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