Case Name:
In re Green Street, 132 B.R. 460 (Bankr.D.Utah)
Judge:
Judge Allen
Date:
Aug-13-1991
Case Number(s):
91A-3794
Status:
PUBLISHED
Body:
Before the court were three debtors' motions, pursuant to 11 U.S.C. § 327, to employ the same counsel in separate chapter 11 cases. Due to existing prepetition debts between the debtors, the court found an actual conflict that rendered the attorney an "interested" party within the scope of 11 U.S.C. § 101(13)(E), and thus subject to disqualification under § 327(a). Further, as the conflict was actual with the specific debtors, rather than simply hypothetical or theoretical, disqualification was mandatory and the motions to employ were denied.
Internal Ref:
Opinion 337
File: