Legal Opinion

In Re Gem Tire & Service Co.

United States Bankruptcy Court, S.D. Texas

Decided April 27, 1990No. 19-30196PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

MANUEL D. LEAL, Bankruptcy Judge.

This motion is about an attorney-trustee hiring his own law firm to represent him in a Chapter 7 bankruptcy proceeding.

The trustee assigned to this Chapter 7 case is an attorney who is applying to employ a law firm, of which he is a partner and in which he holds a financial interest, to perform specified legal services for the trustee. For the reasons stated below, this application is denied without prejudice to apply again consistent with this opinion.

The attorney-trustee asserts in his motion that “[t]he law firm represents no interest…

2Cases cited15 opinions

  1. Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
  2. In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
  3. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  4. In Re Philadelphia Athletic Club, Inc.District Court, E.D. Pennsylvania · 1982
  5. Massachusetts Mutual Life Insurance Company and College Inn, Inc. v. J. H. Brock, as Trustee of the Wingreen CompanyCourt of Appeals for the Fifth Circuit · 1969

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3Cited by10 opinions

  1. In Re HerbermanUnited States Bankruptcy Court, W.D. Texas · 1990
  2. State Unauthorized Practice of Law Committee v. Paul Mason & Associates, Inc., D/B/A Creditors Bankruptcy Service, and Paul Mason, IndividuallyCourt of Appeals for the Fifth Circuit · 1995
  3. In Re Interamericas, Ltd.United States Bankruptcy Court, S.D. Texas · 2005
  4. In Re Cee Jay Discount Stores, Inc.United States Bankruptcy Court, E.D. New York · 1994
  5. In Re AlexanderUnited States Bankruptcy Court, D. Minnesota · 1991

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