Skip to main content

Rule 2014

In re Brown Publg Co.

Ruling
Law firm disqualified from representing debtor due to failure to adequately disclose conflict of interest.
Procedural posture

A liquidating trust that was created under a bankruptcy plan the court approved after a publishing company, a media holding company, and affiliated businesses ("debtors") declared chapter 11 bankruptcy filed an adversary proceeding against the debtors' former officers, directors, shareholders, and affiliates. The debtors' former CEO sought an order that disqualified a law firm from serving as counsel to the liquidating trust.

ABI Membership is required to access the full summary of In re Brown Publg Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 29, 2013 , LexisNexis #0513-099

In re Universal Bldg. Prods.

Ruling
Applications by official committee of unsecured creditors to retain two law firms denied due to improper conduct in seeking retention.
Procedural posture

The Official Unsecured Creditors' Committee filed applications to retain two law firms as counsel. Those applications were opposed by the United States trustee and the debtors, who asserted that the law firms engaged in improper conduct through the use of a third party to contact unrepresented, mostly Asian, creditors, to induce them to vote for the law firms' employment.

ABI Membership is required to access the full summary of In re Universal Bldg. Prods. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 04, 2010 , LexisNexis #1210-033

Drew v. Latimer Biaggi Rachid & Godreau (In re El Commandante Mgmt. Co. LLC)

Ruling
Debtor's attorneys not entitled to postjudgment interest on award of fees which was in the nature of an administrative expense.
Procedural posture

Chapter 11 plan administrator challenged the report and recommendation of a Magistrate Judge, who recommended that the decision of the Bankruptcy Court for the District of Puerto Rico granting the request of appellee, the debtors' law firm, for compensation be affirmed, and recommended that the case be remanded to the bankruptcy court in order to determine if post-judgment interest pursuant to 28 U.S.C.S. § 1961 should be imposed.

ABI Membership is required to access the full summary of Drew v. Latimer Biaggi Rachid & Godreau (In re El Commandante Mgmt. Co. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 02, 2008 , LexisNexis #1008-035

In re Sonicblue Inc.

Ruling
Debtor's counsel disqualified for failure to disclose connection to senior bondholders who controlled creditors'committee.
Procedural posture

Bankruptcy debtors'counsel issued a prepetition opinion letter assuring payment to certain of the debtors'senior bondholders who effectively controlled the creditors'committee in the debtors'bankruptcy. After disclosure of the opinion letter, the U.S. Trustee moved to disqualify the debtors'counsel and to appoint a chapter 11 trustee, and a claims trader which acquired claims against the estate moved to convert the case to chapter 7.

ABI Membership is required to access the full summary of In re Sonicblue Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 26, 2007 , LexisNexis #0507-033