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Legal Opinion

In Re Creative Restaurant Management, Inc.

United States Bankruptcy Court, W.D. Missouri

Decided April 8, 1992No. 19-40627PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

This opinion first addresses the issue of whether a law firm is automatically ineligible to represent a Chapter 11 debtor-in-possession if a member of such law firm is so ineligible. Based on the plain language of the applicable statutes, I find that there is no per se rule. Instead, the Bankruptcy Court must determine whether such firm has an interest which is materially adverse to the estate. The opinion then considers the circumstances under which a law firm which represented a debtor in its pre-bank-ruptcy planning and negotiations…

2Cases cited16 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Pavelic & LeFlore v. Marvel Entertainment Group, Div. of Cadence Industries Corp.Supreme Court of the United States · 1990
  3. Toibb v. RadloffSupreme Court of the United States · 1991
  4. Union Bank v. WolasSupreme Court of the United States · 1991
  5. 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

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In Re Keller Financial Services of Florida, Inc.United States Bankruptcy Court, M.D. Florida · 2000
  2. AASI Creditor Liquidating Trust Ex Rel. Welt v. Raymond James & Associates, Inc. (In Re All American Semiconductor, Inc.)United States Bankruptcy Court, S.D. Florida. · 2010
  3. Sturgeon State Bank v. Perkey (In Re Perkey)United States Bankruptcy Court, W.D. Missouri · 1996
  4. United States Trustee v. S.S. Retail Stores Corp. (In Re S.S. Retail Stores Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. Capen Wholesale, Inc. v. Michel (In Re Capen Wholesale, Inc.)District Court, N.D. Illinois · 1995

9 more not listed; retrieve them via the Exa API.

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