Legal Opinion

Andrew v. Coopersmith (In Re Downtown Investment Club III)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 28, 1988No. BAP No. NC 87-1386-MeMoAs, Bankruptcy No. 3-82-00910PublishedCited by 42 opinions

1Opinion of the Court

OPINION

BY THE COURT:

Andrew appeals from an order denying his motion to vacate the orders modifying the plan, approving the general partner’s advances to the partnership as an administrative expense, and approving employment and payment of the general partner’s attorney’s fees nunc 'pro tunc.

ISSUES

1. Whether the orders authorizing the debtor to employ counsel on a nunc pro tunc basis and approving compensation to the debtor’s attorney were improper where counsel represented both the debtor and the general partner and counsel had purportedly represented the debtor since the beginning of the…

2Cases cited15 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  4. In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
  5. In Re Center Wholesale, Inc.Court of Appeals for the Ninth Circuit · 1985

10 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. In Re C & P Auto Transport, Inc.United States Bankruptcy Court, E.D. California · 1988
  2. In Re B.E.S. Concrete Products, Inc.United States Bankruptcy Court, E.D. California · 1988
  3. DeRonde v. Shirley (In Re Shirley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  4. In Re Hathaway Ranch PartnershipUnited States Bankruptcy Court, C.D. California · 1990
  5. In Re LeeUnited States Bankruptcy Court, C.D. California · 1989

37 more not listed; retrieve them via the Exa API.

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