Legal Opinion
Kagan v. Stubbe (In Re El San Juan Hotel Corp.)
Bankruptcy Appellate Panel of the First Circuit
Decided May 21, 1999No. BAP PR98-048, PR97-083, PR98-057PublishedCited by 15 opinions
1Per curiam
These consolidated appeals raise a central question: When creditors vote to replace a chapter 7 trustee because of dissatisfaction with the trustee’s management, does new counsel for the estate have a conflict of interest by reason of his existing (and undisclosed) representation of the original trustee in his capacity as trustee in another bankruptcy case? Resolution of this issue implicates the compensation to be awarded to both counsel and the successor trustee. The questions of conflict and compensation are highlighted here by the refusal of the successor trustee, on the advice of…
2Cases cited27 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Woods v. City Nat. Bank & Trust Co. of ChicagoSupreme Court of the United States · 1941
- 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
- In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
- United States v. Hector M. Rodriguez-EstradaCourt of Appeals for the First Circuit · 1989
22 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In re Costa Bonita Beach Resort Inc.United States Bankruptcy Court, D. Puerto Rico · 2012
- In re Tribeca Market, LLCDistrict Court, S.D. New York · 2014
- O'Rorke v. Porcaro (In re Porcaro)Bankruptcy Appellate Panel of the First Circuit · 2016
- In Re Canoe Manufacturing Co.United States Bankruptcy Court, E.D. Pennsylvania · 2012
- In re Molten Metal Technology, Inc.United States Bankruptcy Court, D. Massachusetts · 2003
10 more not listed; retrieve them via the Exa API.