Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In re Delta Produce, L.P.)
Dec
21
2016
Ruling
District court lacked jurisdiction in vacating the bankruptcy court's orders awarding interimfees to a special counsel. (5th Cir.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.
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Court
:
( Judge Costa ) [ Circuit Court ]
In re Licking River Mining, LLC
Dec
14
2016
Ruling
Law firm disqualified from representing trustee as previous client's abuse of power caused thedebtors' breach of fiduciary duty. (Bankr. E.D. Ky.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.
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Court
:
In re Herring
Sep
20
2016
Ruling
Continued employment of trustee’s special counsel after change of firms approved. (S.D. Tex.)
Issue(s)
Could trustee’s application for employment of counsel following the counsel’s change of firms, be approved?
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Court
:
Kingdom Fresh Produce Inc. v. Stokes Law office L.L.P. (In re Delta Produce L.P.)
Mar
11
2016
Ruling
District court order vacating final special counsel's fee award for litigating Perishable Agricultural Commodities Act claims affirmed.
Issue(s)
Can special counsel's fees and expenses be disbursed from the Perishable Agricultural Commodities Act fund?
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Court
:
Judge or Jurisdiction information not available
In re Land
Dec
17
2014
Ruling
Debtors could employee special counsel to pursue Fed. R. Civ. P. 60(b) motion in state court.
Issue(s)
Could debtor employ special counsel to handle civil action alleging fraud, breach of contract, and other causes of action and seeking to establish interests in a masonry business?
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Court
:
In re Hamilton
Jun
27
2012
Ruling
Debtor could employ prepetition counsel to handle state court litigation assuming existing executory contract.
Procedural posture
A bankruptcy debtor owed an amount to counsel for services provided by counsel prior to the debtor's bankruptcy petition, and the debtor sought to employ counsel to represent the debtor in a pending state-court litigation. The debtor moved to assume an executory contract with counsel and to employ counsel as special counsel in the litigation.
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Court
:
In re Vista Bella Inc.
May
29
2012
Ruling
Trustee's application to employ special counsel granted despite counsel's prior representation of debtor and creditors.
Procedural posture
Petitioning creditors filed an involuntary chapter 11 bankruptcy petition against debtor corporation, and the court entered an order of relief and subsequently converted the case to one under chapter 7 of the Bankruptcy Code. The chapter 7 trustee filed a motion under 11 U.S.C.S. § 327, seeking permission to employ an attorney as special counsel for the purpose of filing fraudulent transfer actions against several individuals and a business.
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Court
:
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
:
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
:
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
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