Legal Opinion

Motiva Performance Engineering, LLC

United States Bankruptcy Court, D. New Mexico

Decided May 26, 2023No. 19-12539Unknown

1Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: MOTIVA PERFORMANCE ENGINEERING, LLC, Case No. 19-12539-t7 Debtor. OPINION Before the Court is William Ferguson’s motion for a ruling that the case trustee must retain new counsel in a pending adversary proceeding (now on appeal) against Ferguson. Ferguson argues that new counsel is necessary because an actual conflict of interest has arisen between the estate and its biggest creditor, Creig Butler. The trustee’s current counsel represents both and could not do so if Ferguson is right. The matter has been fully briefed and argued.…

2Cases cited10 opinions

  1. St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
  2. Mark V, Inc. v. MellekasNew Mexico Supreme Court · 1993
  3. State Ex Rel. Udall v. Colonial Penn InsuranceNew Mexico Supreme Court · 1991
  4. Heimann v. Kinder-Morgan CO2 Co.New Mexico Court of Appeals · 2006
  5. McMillan v. Allstate Indemnity Co.New Mexico Supreme Court · 2003

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