Legal Opinion

In Re Anver Corp.

United States Bankruptcy Court, D. Massachusetts

Decided July 11, 1984No. 19-10568PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM ON DISQUALIFICATION OF DEBTOR’S COUNSEL

HAROLD LAVIEN, Bankruptcy Judge.

This matter arose from the application of Anver Corporation (the “debtor”) for employment of counsel during the administration of its Chapter 11 case. Specifically, counsel’s firm is debtor’s pre-filing counsel and is also a creditor for pre-filing services, and a partner is an equity holder of approximately one per cent, and the secretary/clerk of the debtor, all of which appear in conflict with the requisites of 11 U.S.C. § 327(a), requiring counsel to be a disinterested party without an adverse interest.

The…

2Cases cited40 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  4. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  5. United States v. MenascheSupreme Court of the United States · 1955

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3Cited by25 opinions

  1. Bernard P. Rome v. Joseph Braunstein, Etc.Court of Appeals for the First Circuit · 1994
  2. In Re O'ConnorUnited States Bankruptcy Court, W.D. Oklahoma · 1985
  3. In Re Michigan General Corp.United States Bankruptcy Court, N.D. Texas · 1987
  4. In Re GrayUnited States Bankruptcy Court, E.D. Michigan · 1986
  5. In Re Michigan General Corp.United States Bankruptcy Court, N.D. Texas · 1987

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