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Opinion 140

Case Name: 

In re Schofield Greenhouse

Judge: 
Judge Allen
Date: 
Oct-19-1984
Case Number(s): 
82A-3165
Status: 

UNPUBLISHED

Body: 

Attorney appointed to represent debtor partnership filed an interim application for fees. There were no objections, and no complaints regarding attorney's work on behalf of debtor. Attorney also represented two general partners of debtor in connection with their personal bankruptcies, and all three cases were under joint administration. The court concluded that attorney was not a "disinterested person," as required by 11 U.S.C. § 327(a) and defined by 11 U.S.C. § 101(13)(E), based on his representation of both a partnership and its partners, even though such interests will generally be the same, due to the potential for conflicts to arise, especially as between the two partners. Attorney's application was denied.

Internal Ref: 
Opinion 140
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