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§ 327(a)

In re Chardon LLC

Ruling
Debtors' motion to retain law firm granted retroactively to petition date.
Issue(s)
Could postpetition application to retain the legal counsel that helped the debtors file their cases be granted?

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Commercial opinion summary, case decided on September 02, 2015 , LexisNexis #0915-108

In re Sun River Energy Inc.

Ruling
Creditor's objection to trustee's employment of counsel overruled.
Issue(s)
Could trustee employ legal counsel over creditor's objection?

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Commercial opinion summary, case decided on August 13, 2015 , LexisNexis #0915-003

In re Stevens

Ruling
Reconsideration of approval of appointment of trustee's attorney who previously represented creditors in state court case against debtor denied.
Issue(s)
Whether court should grant motion of debtor's parents for reconsideration of its order approving a trustee's application under 11 U.S.C.S. § 327(a) to employ an attorney and his firm to pursue avoidance actions against the parents.

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Consumer opinion summary, case decided on June 01, 2015 , LexisNexis #0615-108

In re Hutch Holdings Inc.

Ruling
Debtor's counsel sanctioned by not allowing compensation for any fees and expenses resulting from failure to comply with disclosure requirements.
Issue(s)
Should debtor's counsel be sanctioned for failing to disclose to the court that they had also represented debtor's equity owner in a chapter 11 case?

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Commercial opinion summary, case decided on March 31, 2015 , LexisNexis #0515-002

In re Smith

Ruling
A mediator was a "professional person" for whom court approval was required prior to retention.
Issue(s)
Is a mediator a "professional" under § 327(a) whose employment must first be approved before the mediation can be held?

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Consumer opinion summary, case decided on January 27, 2015 , LexisNexis #0315-037

In re Hanckel

Ruling
Trustee could employ professional who was also employed by creditor where interests were aligned.
Issue(s)
Could trustee retain an attorney who also represented creditors?

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Consumer opinion summary, case decided on October 01, 2014 , LexisNexis #1214-037

Brandywine Townhouses Inc. v. United States Trustee (In re Brandywine Townhouses Inc.)

Ruling
Debtor's application to retain counsel approved but portion of retainer ordered disgorged for counsel's carelessness in investigating the source of retainer.
Issue(s)
Should debtor's application to retain counsel be denied for failure of the firm to disclose payment of the retainer by a creditor of debtor, which it subsequently sought to repay, creating an interest adverse to debtor?

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Commercial opinion summary, case decided on May 01, 2014 , LexisNexis #0814-108

In re Edwards

Ruling
Trustee's application to hire counsel from trustee's own law firm approved.
Issue(s)
Should trustee's application to hire counsel from trustee's own firm be approved?

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Consumer opinion summary, case decided on April 09, 2014 , LexisNexis #0414-106

In re Grant

Ruling
Law firm's motion for approval of employment nunc pro tunc denied due to wrongful retention of proceeds of debtor's wrongful death action to cover fees.
Issue(s)
Should the estate pay for unauthorized legal services rendered by a law firm that it never hired?

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Consumer opinion summary, case decided on March 10, 2014 , LexisNexis #0614-003

In re Fresh Choice LLC

Ruling
Debtor's counsel's failure to disclose that it was not disinterested was grounds for denial of fees and costs.
Issue(s)
Should debtor's counsel's fees be disallowed due to failure of counsel to disclose that it was a creditor of the debtor and not disinterested?

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Commercial opinion summary, case decided on March 10, 2014 , LexisNexis #0614-002