Legal Opinion
Value Property Trust v. Zim Co. (In Re Mortgage & Realty Trust)
United States Bankruptcy Court, C.D. California
Decided April 29, 1996No. Bankruptcy No. LA 95-31101. Adv. No. 95-05861PublishedCited by 8 opinions
1Opinion of the Court
OPINION DISQUALIFYING BRYAN CAVE AS COUNSEL FOR DEFENDANT
SAMUEL L. BUFFORD, Bankruptcy Judge.
INTRODUCTION
The reorganized debtor in this case, which has brought this adversary proceeding to cancel a purported contract with defendant Zim Co. (“Zim”), moves this Court to disqualify Zim’s counsel of record, Bryan Cave. The Court holds that Bryan Cave must be disqualified, because one of its lawyers served on the debtor’s board of trustees when the transaction here at issue was considered by the board. The Court finds that the fiduciary duty of loyalty of the trustee continues after his…
2Cases cited31 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Langenkamp v. CulpSupreme Court of the United States · 1991
- Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corporation and Chrysler Realty CorporationCourt of Appeals for the Second Circuit · 1975
- Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian ChtdCourt of Appeals for the Seventh Circuit · 1983
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3Cited by8 opinions
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- 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
- In Re Wheatfield Business Park LLCUnited States Bankruptcy Court, C.D. California · 2002
- Wilson v. Cumis Insurance Society, Inc. (In Re Wilson)United States Bankruptcy Court, E.D. Arkansas · 2000
- Calsoft Labs, Inc. v. PanchumarthiDistrict Court, N.D. California · 2020
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