Spacone v. Burke (In Re Truck-A-Way)

AMENDED MEMORANDUM AND ORDER 1

DAMRELL, District Judge.

This matter is before the court on a motion by defendant Linda Burke (“defendant”) to disqualify counsel for plaintiff trustee of the Truck-A-Way bankruptcy estate (“counsel”), and his law firm for violations of ethical and professional stan dards. Counsel, through plaintiff trustee, opposes the motion. The court heard oral argument on July 11, 2003.

BACKGROUND

On February 14, 2002, the corporation Truck-A-Way commenced a voluntary Chapter 11 bankruptcy proceeding in the Eastern District of California. On May 1, 2002, the bankruptcy…