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In re Vencill (Case No. 10-72956) 10/31/2011

            The United States trustee moved to disqualify the debtor’s counsel for two main reasons: (1) counsel did not provide adequate counsel nor comport with his fiduciary duties both before the filing of the case or since the filing of the case and (2) the pattern of inaccurate or incomplete disclosures on behalf of the estate also appear in the disclosure made to the Court by counsel in support of their employment application.  The Court concluded that the evidence before it, particularly pre-petition advice and services that were not disclosed, established cause for the disqualification of counsel from further representation of the debtor-in-possession.

Date: 
Monday, October 31, 2011
Category: 
Chapter 11 Issues
Disinterestedness and Conflicts of Interest
Disqualification
Chapter: 
11