In re JS II LLC
Apr
13
2007
Ruling
Law firm defending members of debtor LLC in state court action approved as defense counsel for debtor in that same action.
Procedural posture
Pending before the court was debtors'Application for Authority to Employ a certain law firm as Special Litigation Counsel to represent debtors in litigation pending in state court. Debtors' application drew an objection from the plaintiffs and counter-defendants in the litigation (hereafter referred to as plaintiffs).
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Court
:
- 11 U.S.C.
In re Barons Stores Inc.
Apr
12
2007
Ruling
Affidavits of disinterestedness given by special counsel were filed in error and did not amount to fraud on the court.
Procedural posture
Movants, a chapter 11 debtor and the debtor's officers and sole shareholders, filed a motion to reopen the debtor's bankruptcy case, claiming that certain attorneys perpetrated a fraud upon the court in connection with their applications to be retained as general or special counsel.
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Court
:
- 11 U.S.C.
In re Roy Frischhertz Constr. Co.
Mar
02
2007
Ruling
Special counsel for debtor in possession was not entitled to reimbursement for non-appointed representation of debtor's surety.
Procedural posture
Applicant, special counsel in a chapter 11 proceeding for debtor in possession, a construction company, sought an allowance of interim compensation and reimbursement of certain expenses. Objector, the owner of a renovation project on which debtor had been rendering services, objected to the application. At issue was whether applicant was entitled to reimbursement under 11 U.S.C. §§ 330(a) and 331.
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Court
:
- 11 U.S.C.
In re Estate of LaRosa
Feb
28
2007
Ruling
Application of deceased debtor's counsel's law firm to be appointed as special counsel for administration of debtor's estate denied.
Procedural posture
The debtors, a husband and wife, filed for relief under chapter 11. While the matter was pending, the debtor husband died. Counsel for the debtors filed an application with the court to approve employment of the counsel's law firm as special counsel for the administration of the deceased debtor's estate, pursuant to 11 U.S.C. § 327. The creditors objected to the application.
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Court
:
- 11 U.S.C.
In re Keppert
Feb
15
2007
Ruling
Attorneys' fee application denied due to inadequate notice to creditors and illegible time records.
Procedural posture
The attorney who represented two bankruptcy debtors filed an application with the court seeking an award of $21,977.10 in attorneys'fees and $136.74 in costs for his representation of the debtors. The case was originally filed under chapter 7, it was later converted to a chapter 13 case, and it was changed back into a chapter 7 case in 2006. Both of the debtors died while the bankruptcy proceedings were pending.
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Court
:
In re Turner
Jan
11
2007
Ruling
Personal injury attorney whose employment by debtor had been approved was allowed contingency fee plus interest.
Procedural posture
The group counsel filed a motion to determine the ownership of a debtor's personal injury claim, to accept an offer in settlement of the claim, and for approval of counsel's attorney's fees and expenses.
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Court
:
In re Taylor Quality Concrete Inc.
Jan
02
2007
Ruling
Lack of familiarity with requirements for employment as counsel did not justify retroactive approval of late application.
Procedural posture
Chapter 11 debtor requested that its employment of counsel be approved nunc pro tunc to the date the bankruptcy petition was filed.
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Court
:
In re Pittsfield Weaving Co.
Nov
27
2006
Ruling
Debtor allowed to retain counsel whose disinterested status was in question but who waived retainer.
Procedural posture
A debtor filed an application for authority to retain certain counsel. The U.S. trustee objected to the application, alleging that counsel was not disinterested under 11 U.S.C. § 327(a) and might represent an adverse interest to the debtor.
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Court
:
In re Brown
Nov
17
2006
Ruling
Attorney admonished for assisting debtor with pleadings despite status as secured creditor.
Procedural posture
The court conducted a hearing on the role of an attorney who allegedly counseled and provided "ghostwritten" legal pleadings to the debtor, despite his simultaneous role as a secured creditor of the debtor.
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Court
:
In re Rucker Furniture Gallery Inc.
Oct
11
2006
Ruling
Debtor's attorneys'fees approved despite failure to disclose prior representation of creditor.
Procedural posture
A law firm filed an application for compensation and reimbursement of expenses for legal services provided to the debtor in connection with a chapter 11 case. The bankruptcy administrator filed a response to the request, contending that the fee application should have been denied in toto because of the law firm's failure to disclose that it had previously represented a creditor.
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Court
: