In re Persaud
Mar
05
2012
Ruling
Trustee's application to retain law firm that previously represented a creditor granted over creditor's objection.
Procedural posture
Debtor declared chapter 11 bankruptcy in May 2010, and her case was subsequently converted to one under chapter 7 of the Bankruptcy Code. A chapter 7 trustee who was appointed to administered the debtor's bankruptcy estate filed an application under 11 U.S.C.S. § 327 and Fed. R. Bankr. P. 2014 for permission to retain a law firm as his general counsel and his bankruptcy counsel, and a creditor filed an objection to the trustee's application.
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Court
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In re Goines
Feb
08
2012
Ruling
Responsibility of filing application to retain special counsel belonged to debtor.
Procedural posture
In a chapter 13 case, the parties disputed whether it was the responsibility of the chapter 13 trustee, the debtors, or special counsel to file an application to retain special counsel under 11 U.S.C.S. § 327(e) to prosecute a state-law cause of action in which the debtors were in possession of the claim.
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Court
:
- 11 U.S.C.
In re Lewis Road LLC
Dec
09
2011
Ruling
Settlement order vacated to the extent covering attorneys' fees for undisclosed dual representation of debtor in possession and creditor.
Procedural posture
Chapter 11 trustee sought relief per Fed. R. Civ. P. 60(b) and Fed. R. Bankr. P. 9024 from an earlier order approving a settlement among debtor, a debtor in possession (DIP), and other parties including Creditors 1 and 2 to the extent that it paid legal fees for Creditor 2's representation by a firm. Issues included whether the firm violated 11 U.S.C.S. § 327 and Fed. R. Bankr. P. 2014 in connection with its participation in the case.
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Court
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In re Sea Trail Corp.
Dec
09
2011
Ruling
Application to employ debtor's long-time general counsel denied absent specified special purpose.
Procedural posture
A corporate bankruptcy debtor asserted that its longtime counsel properly represented the debtor in prior matters involving corporate, employee, labor, and other general business matters pertaining to the daily operation of the debtor. The debtor moved for approval to employ counsel as special counsel to the debtor pursuant to 11 U.S.C.S. § 327(e).
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Court
:
- 11 U.S.C.
In re Ginaldi
Nov
16
2011
Ruling
Permission to retain real estate broker with potential prepetition claim against estate denied.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code and asked the court for permission under 11 U.S.C.S. § 327(a) to retain a real estate broker to sell his house. A bank filed an objection to the debtor's application, claiming that the broker was not a "disinterested person" within the meaning of 11 U.S.C.S. § 101(14). The court held a hearing on the debtor's application.
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Court
:
- 11 U.S.C.
In re American Housing Found.
Sep
28
2011
Ruling
Trustee's late application to employ tax expert granted as of filling date but not retroactively.
Procedural posture
A chapter 11 trustee filed an application to retroactively employ a tax expert and a first and final fee application for that expert.
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Court
:
- 11 U.S.C.
In re Kobe Real Estate LLC
Aug
31
2011
Ruling
Debtor LLC could not employ attorney who was not disinterested due to representation of debtor's principals.
Procedural posture
A chapter 11 debtor submitted an application to employ an attorney and law firm under Fed. R. Bankr. P. 2014(a) and 11 U.S.C.S. § 327(a). The United States Trustee (UST) objected on the grounds that the application failed to disclose representation of the debtor's principals, which might prevent the attorney from qualifying as disinterested under 11 U.S.C.S. § 101(14). In addition, the UST raised an issue regarding the source of the retainer.
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Court
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In re Werry
Aug
26
2011
Ruling
Debtor could not employ counsel whose fee may have been paid by or loaned to debtor by creditor.
Procedural posture
The United States Trustee (UST) objected to the chapter 11 debtors' application seeking to employ counsel under 11 U.S.C.S. § 327(a).
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Court
:
- 11 U.S.C.
Miller v. Greenwich Capital Fin. Prods.
Jul
28
2011
Ruling
Consulting firm did not breach fiduciary duty to trustee as none was created absent retention agreement.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, a financial products company, a consulting firm, an individual, and others, claiming, inter alia, that the consulting firm and the individual breached their fiduciary duties, committed fraud, and engaged in a conspiracy to commit fraud. The consulting firm and the individual filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Colonial BancGroup Inc.
Jul
15
2011
Ruling
Law firm that previously represented seven hedge fund creditors did not have a present conflict and could represent debtor.
Procedural posture
Plan trustee for a chapter 11 plan filed a notice of retention of certain professionals to represent the debtor in connection with implementation of the confirmed chapter 11 plan. A creditor filed an objection to the retention of a particular law firm.
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Court
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