In re Daigle
Jan
19
2011
Ruling
Trustee's motion to employ debtor's attorneys as counsel to investigate possible fraud involving debtor's former spouse denied on former spouse's objection.
Procedural posture
A Chapter 7 trustee filed a motion to employ counsel pursuant to 11 U.S.C.S. § 327(e). The two attorneys represented the debtor, and one of the attorneys represented the debtor prior to his bankruptcy filing. The debtor's former spouse, who was a creditor, opposed the application.
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Court
:
- 11 U.S.C.
In re Fish & Fisher Inc.
Dec
17
2010
Ruling
Trustee's application to engage accounting firm that had sold its claim against debtor denied on reconsideration.
Procedural posture
The court issued an order on August 18, 2010, which approved a Chapter 11 trustee's application seeking permission under 11 U.S.C.S. § 327 to hire an LLP to perform work as accountants, auditors, and tax consultants for the trustee. The United States Trustee ("UST") reviewed that order and filed a motion which asked the court to reconsider its order, and two individuals who held ownership interests in the debtor joined the UST's motion.
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Court
:
In re JMK Constr. Group Ltd.
Dec
09
2010
Ruling
Debtors could not seek to retain joint counsel or accountants where possible contribution claim created conflict.
Procedural posture
A jury sitting in the U.S. District Court for the Southern District of New York returned a verdict against debtors, a corporation and three individuals, and the debtors declared Chapter 11 bankruptcy and sought permission under 11 U.S.C.S. § 327 to hire a law firm, special litigation counsel, and an accountant to represent them in their bankruptcy cases. The United States Trustee and a judgment creditor opposed the debtors' requests.
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Court
:
- 11 U.S.C.
In re Lyons
Nov
04
2010
Ruling
Nunc pro tunc appointment of special counsel to settle claim denied where successor to debtor's original law firm had not sought permission to represent debtor.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code in September 2002, and converted their case to one under Chapter 7 of the Bankruptcy Code in 2008. A trustee was appointed to administer the debtors' Chapter 7 estate, and he filed an application seeking permission to employ special counsel nunc pro tunc, to compromise a controversy pursuant to Fed. R. Bankr. P. 9019, to pay a contingency fee and expenses to a law firm.
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Court
:
- 11 U.S.C.
In re Oakwood Country Club Inc.
Nov
01
2010
Ruling
Debtor's attorneys' fees approved less amounts arising from proposed sale that breached debtor's duty to unsecured creditors.
Procedural posture
Pursuant to 11 U.S.C.S. § 327, debtor filed a motion for compensation for its counsel.
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Court
:
- 11 U.S.C.
In re Avon Townhomes Venture
Oct
15
2010
Ruling
Real estate broker that had not obtained court permission to provide services to debtor ordered to disgorge commission.
Procedural posture
Debtor, an entity that was created to develop real property, declared bankruptcy and asked the court for permission to sell its sole asset: a parcel of partially-developed property in Lathrop, California. The court issued an order on July 30, 2010, which directed a real estate broker and a company the broker owned to respond to the court's preliminary decision to order the broker and his company to disgorge a commission they were paid.
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Court
:
- 11 U.S.C.
In re Sea Island Co.
Sep
20
2010
Ruling
Retention of law firm to represent debtor nunc pro tunc approved provided firm established screen for individual lawyers who were creditors.
Procedural posture
Chapter 11 debtors filed an unopposed application under 11 U.S.C.S. § 327 for the authority to retain a law firm as co-counsel to the debtors nunc pro tunc to the petition date.
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Court
:
- 11 U.S.C.
In re Saden
Sep
09
2010
Ruling
Attorney who was a creditor holding adverse interest to estate was not disinterested and could not serve as debtor's general bankruptcy counsel.
Procedural posture
Before the court was debtor's application to engage a certain counsel as debtor's general bankruptcy counsel. The U.S. Trustee objected to the application. A hearing was held.
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Court
:
In re Project Orange Assocs. LLC
Jun
23
2010
Ruling
Firm's application to serve as debtor's counsel denied due to ongoing relationship with largest creditor.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code on April 29, 2010, and on May 20, 2010, a law firm filed an application seeking appointment as the debtor's general bankruptcy counsel under 11 U.S.C.S. § 327(a). The United States Trustee (UST) filed an objection to the firm's application, claiming that the firm's ongoing relationship with the debtor's largest creditor created a conflict of interest.
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Court
:
In re Universal Enters. of W. Va. LLC
Jun
09
2010
Ruling
Debtor could retain law firm that also represented an associated debtor that leased debtor's property.
Procedural posture
Creditor bank objected to the application of the debtor to employ a law firm as its legal counsel. The law firm also represented an associated chapter 11 debtor that leased property from the debtor.
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Court
: