Legal Opinion

Houghton v. Morey (In Re Morey)

United States Bankruptcy Court, D. Massachusetts

Decided October 7, 2009No. 19-10748PublishedCited by 37 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is the “Plaintiffs Motion to Strike Answer and for Order Directing Counsel to Cease Assistance” (the “Motion to Strike”), filed by plaintiff Jack E. Houghton, Jr. (the “Trustee”), as Chapter 7 trustee of the bankruptcy estate of Toni M. Morey (the “Debtor”). The Motion to Strike raises a question which arises in this Court with some regularity; that is, whether an attorney for a Chapter 7 debtor may also represent a non-debtor defendant in an adversary proceeding brought by the debtor’s trustee in bankruptcy. 1

I. FACTS…

2Cases cited8 opinions

  1. In Re Freedom Solar Center, Inc., Debtor. Paulette P. Parker, Trustee v. Robert G. FrazierCourt of Appeals for the First Circuit · 1985
  2. Agresti v. Rosenkranz (In Re United Utensils Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 1992
  3. Pereira v. Allboro Building Maintenance, Inc. (In Re Allboro Waterproofing Corp.)United States Bankruptcy Court, E.D. New York · 1998
  4. In Re StinsonUnited States Bankruptcy Court, E.D. Michigan · 1998
  5. Paloian v. Greenfield (In Re Restaurant Development Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009

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3Cited by37 opinions

  1. Dershaw v. Ciardi (In re Rite Way Electric, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2014
  2. BUTLER v. WOJTKUNDistrict Court, D. Massachusetts · 2019
  3. Butler v. Wojtkun (In re Wojtkun)District Court, District of Columbia · 2019
  4. Ronald R. Peterson, as Chapter 7 Trustee for Mack v. AFG Properties LLCUnited States Bankruptcy Court, N.D. Illinois · 2019
  5. Ronald R. Peterson, as Chapter 7 Trustee for Mack v. BarkerUnited States Bankruptcy Court, N.D. Illinois · 2019

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