Legal Opinion
In re Jackson
United States Bankruptcy Court, S.D. Texas
Decided December 5, 2012No. 06-36268PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION REGARDING DENIAL OF THE TRUSTEE’S SECOND APPLICATION FOR NUNC PRO TUNC EMPLOYMENT OF MUNSCH HART KOPF & HARR, P.C. AS ATTORNEYS FOR THE TRUSTEE
JEFF BOHM, Chief Judge.
I. Introduction
Routinely, this Court receives requests from Chapter 7 trustees seeking to retain the trustee’s own firm as counsel. This Court has noticed that all too often these applications for employment are accompanied by claims that the trustee’s firm is “uniquely qualified” to perform the proposed duty. Such broad assertions are inadequate; as a fiduciary to the estate, a trustee has a duty to act in the…
2Cases cited31 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
- In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
- WMX Technologies, Inc. v. MillerCourt of Appeals for the Ninth Circuit · 1997
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3Cited by3 opinions
- In re EdwardsUnited States Bankruptcy Court, S.D. Texas · 2014
- Meredith Lynne AlexanderUnited States Bankruptcy Court, District of Columbia · 2022
- Ronald Lee GageUnited States Bankruptcy Court, District of Columbia · 2022