Legal Opinion

Badami v. K.E. Joy, P.C. (In Re Joy)

United States Bankruptcy Court, D. Nebraska

Decided May 24, 1994No. 14-82146PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In this fraudulent conveyance action brought by the Chapter 11 trustee, I hold that former counsel to the debtor-in-possession is ethically disqualified from representing the defendant.

Counsel for the defendant, Mr. John Guth-ery, has filed a motion seeking a determination of his ability to continue as counsel in this adversary proceeding. This is an action by the trustee to recover alleged fraudulent transfers from the debtors to K.E. Joy, P.C. (the “corporation”). The trustee objects to Mr. Guthery’s representation of the defendant on the…

2Cases cited5 opinions

  1. American Can Company v. Citrus Feed Co.Court of Appeals for the Fifth Circuit · 1971
  2. State of Arkansas, Cross-Appellant v. Dean Foods Products Company, Inc., Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1979
  3. Matter of OlsonUnited States Bankruptcy Court, D. Nebraska · 1982
  4. Securities Investor Protection Corp. v. Blinder, Robinson & Co. (In Re Blinder, Robinson & Co.)United States Bankruptcy Court, D. Colorado · 1991
  5. In Re Davenport Communications Ltd. PartnershipUnited States Bankruptcy Court, S.D. Iowa · 1990

3Cited by3 opinions

  1. Paloian v. Greenfield (In Re Restaurant Development Group, Inc.)United States Bankruptcy Court, N.D. Illinois · 2009
  2. In Re National Liquidators, Inc.District Court, S.D. Ohio · 1995
  3. Butler v. Bantz (In re Howe Grain, Inc.)United States Bankruptcy Court, D. Nebraska · 1994

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