Legal Opinion

In re Barkany

United States Bankruptcy Court, E.D. New York

Decided December 29, 2015No. Case No. 8-14-72941-lasPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

Louis A. Scarcella, United States Bankruptcy Judge

The matter before the Court raises the question of whether a permanent trustee elected under 11 U.S.C. § 702 must be a disinterested person and, if so, whether the election candidate in this case, Mark A. Frankel, Esq., is disinterested. Having considered the submissions of the parties, the relevant law, and the record in this case, and for the reasons explained below, the Court concludes that (i) a permanent trustee elected under 11 U.S.C. § 702 must be a disinterested person and (ii) at least insofar as the…

2Cases cited24 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Kramer v. Time Warner Inc.Court of Appeals for the Second Circuit · 1991
  3. In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
  4. In Re Arochem CorporationCourt of Appeals for the Second Circuit · 1999
  5. In Re RobertsDistrict Court, D. Utah · 1987

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3Cited by1 opinion

  1. NRCT, LLCUnited States Bankruptcy Court, N.D. Georgia · 2021

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