Legal Opinion

First Interstate Bank of Nevada, N.A. v. CIC Investment Corp. (In Re CIC Investment Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 6, 1994No. BAP No. NV-94-1761-MeAsH. Bankruptcy No. 94-30584-JHTPublishedCited by 23 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

The bankruptcy court allowed a law firm with a prepetition secured claim against the debtor’s property to represent that debtor as general counsel in the bankruptcy case. We hold that a professional with a claim secured by the debtor’s property should be viewed as not disinterested as a matter of law.

We REVERSE.

II

FACTS

CIC Investment Corporation (“Debtor”) filed for relief under Chapter 11 of the Bankruptcy Code (“Code”) on April 11, 1991, with Alan Smith of Smith & Cope representing the Debtor. The Debtor’s plan of reorganization was confirmed on February 5,…

2Cases cited18 opinions

  1. In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
  2. In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
  3. Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
  4. In Re RobertsDistrict Court, D. Utah · 1987
  5. In Re Coastal Equities, Inc.United States Bankruptcy Court, S.D. California · 1984

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

3Cited by23 opinions

  1. Peugeot v. United States Trustee (In Re Crayton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  2. AFI Holding, Inc. v. BrownCourt of Appeals for the Ninth Circuit · 2008
  3. Com-1 Info, Inc. v. Wolkowitz (In Re Maximus Computers, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Dye v. Brown (In Re AFI Holding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. Elias v. Lisowski Law Firm, Chtd. (In Re Elias)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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

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