Legal Opinion

Official Committee of Unsecured Creditors v. Anderson Senior Living Property, LLC (In Re Nashville Senior Living, LLC)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided April 1, 2010No. 09-8041PublishedCited by 1 opinion

1Opinion of the Court

OPINION

2Per curiam

The bankruptcy court sustained the written objection of Nashville Senior Living, LLC, et al. (the “Debtors”) and the oral objection of GE Business Financial Services, Inc. (“GE,” and together with the Debtors, “Appellees”), and denied the application of the Official Committee of Unsecured Creditors (the “Committee”) to retain Venable, LLC (“Venable”) as its counsel. The court found that Venable could not “ ‘tender undivided loyalty and provide untainted advice and assistance in furtherance of their fiduciary responsibilities’ to represent ALL of the unsecured creditors.” In addition,…

3Cases cited9 opinions

  1. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  2. Flanagan v. United StatesSupreme Court of the United States · 1984
  3. Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
  4. Becker v. MontgomerySupreme Court of the United States · 2001
  5. In Re Carl Cottrell and Paula Cottrell, Debtors. Carl Cottrell and Paula Cottrell v. J. Baxter Schilling, TrusteeCourt of Appeals for the Sixth Circuit · 1989

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4Cited by1 opinion

  1. In re: Cary Rossi v.Bankruptcy Appellate Panel of the Sixth Circuit · 2012

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