WM Distrib., Inc., In re
Jun
21
2017
Ruling
Court denied debtor's application to hire counsel to represent it while it operated its business as the proposed law firm represented another company that was closely tied to the debtor. (Bankr. D.N.M.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
:
In re HML Enters., LLC
Oct
12
2016
Ruling
Employment of same counsel by parent and subsidiary debtors in possession denied butallowed for subsidiary only while case remained in chapter 11. (Bankr. E.D. Tex.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
:
Blocksom v. Brown (In re Brown)
Aug
04
2016
Ruling
Asset recovery specialists application for employment nunc pro tunc granted. (Bankr. S.D. Ga.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
:
In re Stanley
Jul
29
2016
Ruling
Sale at which auctioneer, a non-insider, was the successful bidder was fairly conducted andcould be approved. (Bankr. W.D. Va.)
Issue(s)
Could the auctioneer be the successful bidder at the sale of estate property?
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Court
:
In re Silva Dairy, LLC
Jun
21
2016
Ruling
Debtor’s attorneys’ retainer ordered disgorged due to failure to disclose payment was made bya third party. (Bankr. D. Idaho)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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Court
:
Giuliano v. Ernst & Young LLP (In re RIH Acquisitions NJ LLC)
May
24
2016
Ruling
Disinterestedness is not at issue in the hiring of ordinary course professionals and not a bar to a related preference proceeding.
Issue(s)
Was retention of ordinary course professionals who were allegedly not disinterested grounds for dismissal of preference proceeding?
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Court
:
McCallar v. Gebhardt (In re Music)
May
02
2016
Ruling
Debtor in possession's application to employ attorney granted subject to possible preference proceeding against creditors who contributed to the retainer.
Issue(s)
Should debtor in possession's employment of counsel be disallowed where retainer was paid with transfers from two creditors that could be defendants in possible preference proceedings?
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Court
:
In re James F. Humphreys & Assocs. L.C.
Mar
03
2016
Ruling
Debtor in possession could retain attorneys who previously represented defendants in cases brought by debtor.
Issue(s)
Whether to grant debtor-in-possession's application to retain a law firm under 11 U.S.C.S. §§ 327(a) and 329 over the objection that the law firm represented clients against whom debtor brought suit on behalf of the objectors.
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Court
:
Lazzo v. Rose Hill Bank (In re Schupbach Invs. LLC)
Nov
03
2015
Ruling
Bankruptcy appellate panel properly reversed retroactive approval of attorney engagement and fees.
Issue(s)
Did the bankruptcy appellate panel properly reverse those portions of a bankruptcy court's order that confirmed post facto approval debtor's attorney's employment, allowed fees incurred prior to approval of his employment, and allowed postconfirmation fees?
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Court
:
Judge or Jurisdiction information not available
In re US Bentonite Inc.
Sep
03
2015
Ruling
Debtors' attorneys denied recovery of fees incurred during period attorney who left the firm went to work for creditors' law firm.
Issue(s)
Should law firm's fees be denied where a lawyer left the firm to work for a creditor's law firm on grounds of a conflict of interest?
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Court
: