In Re Timber Creek, Inc.

MEMORANDUM RE DEBTOR’S APPLICATION TO EMPLOY ATTORNEYS PURSUANT TO 11 U.S.C. § 327(a) AND OBJECTION THERETO FILED BY THE UNITED STATES TRUSTEE

DAVID S. KENNEDY, Chief Judge.

This Memorandum presents the narrow question whether the disqualification of one partner in a law firm for lack of “disinterestedness” under 11 U.S.C. § 327(a) 1 should be imputed to the entire law firm where a chapter 11 debtor-in-possession (“DIP”) seeks to employ that law firm to represent or assist it in carrying out the DIP’s statutory duties under the Bankruptcy Code.

This is a core proceeding by virtue of 28 U.S.C. §…