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In re Intech Capital Corp.

87 B.R. 232 (Bankr. D. Conn. 1988)
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In re Intech Capital Corp.

11 Citing cases

  1. In re Mercury

    280 B.R. 35 (Bankr. S.D.N.Y. 2002)   Cited 26 times

    To condone employment of an attorney who has a conflict of interest to assist the Chapter 7 Trustee in her duties "would erode the confidence of other parties in the administration of that estate to say nothing of public confidence in the administration of justice in bankruptcy courts." In re Intech Capital Corp., 87 B.R. 232, 236 (Bankr.D.Conn. 1988). See, e.g.

  2. In re Peterson

    163 B.R. 665 (Bankr. D. Conn. 1994)   Cited 24 times
    Finding attorney to have engaged in the unauthorized practice of law by holding himself out for the practice of general bankruptcy law

    In re Fretheim, 102 B.R. 298, 299 (Bankr.D.Conn. 1989) (quoting In re Intech Capital Corp., 87 B.R. 232, 236 (Bankr.D.Conn. 1988)). See In re Black Hills Greyhound Racing Ass'n, 154 B.R. 285, 292 (Bankr.D.S.D. 1993) ("The purpose of this [Rule 2014(a)] disclosure is to give the court the necessary information to determine whether the attorney is qualified to represent the debtor.

  3. In re Creative Restaurant Management

    139 B.R. 902 (Bankr. W.D. Mo. 1992)   Cited 17 times

    Accordingly, the inquiry must focus on the disinterested person test of section 101(14). See In re Intech Capital Corp., 87 B.R. 232, 233 (Bankr.D.Conn. 1988). The Code defines "person" to include an "individual, partnership, and corporation. . . ."

  4. In re Kolinsky

    138 B.R. 773 (Bankr. S.D.N.Y. 1992)   Cited 1 times

    Similarly, a law firm was disqualified from representing a debtor because its members owned four percent of the debtor's equity. In re Intech Capital Corp., 87 B.R. 232 (Bankr.D.Conn. 1988); Accord In re Anver Corp., 44 B.R. 615 (Bankr.D.Mass. 1984) (law firm disqualified because its members owned one percent of the debtor's equity).

  5. In re Diamond Mortg. Corp. of Illinois

    135 B.R. 78 (Bankr. N.D. Ill. 1990)   Cited 42 times
    Holding that "any fact which would be relevant to the court's determination of whether the professional has a conflict of interest, is not disinterested or represents an adverse interest, must be disclosed" and noting that a reviewing court has no duty to search a file to find conflicts of interest

    Several courts have melded parts of this three-pronged test, holding that "[t]he disinterested person and adverse interest tests for employment of professional persons . . . overlap in . . . the § 101(13) definition of `disinterested person'. . . ." In re Intech Capital Corp., 87 B.R. 232, 233 (Bankr.D.Conn. 1988). See also Waterfall Village, 103 B.R. at 343; Stamford Color Photo, Inc., 98 B.R. at 137.

  6. In re Neidig Corp.

    117 B.R. 625 (Bankr. D. Colo. 1990)   Cited 15 times
    Denying Section 503(b) administrative expense claim for "professional person" who had not been approved under Section 327

    1989) (such a test "is consistent with a primary purpose of § 327(a) to prevent conflicts of interests which `erode the confidence of [the] estate to say nothing of public confidence in the administration of justice in bankruptcy courts.'") (quoting In re Intech Capital Corp., 87 B.R. 232, 236 (Bankr.D.Conn. 1988)). See generally, In re Leslie Oil Gas Co., Inc., 98 B.R. 774 (Bankr.S.D.Ohio 1989); In re Century Investment Fund VII Limited Partnership, supra; In re Park Avenue Partners Limited Partnership, 95 B.R. 605 (Bankr.E.D.Wis. 1988); In re Frederick Petroleum Corp., 75 B.R. 774 (Bankr.S.D.Ohio 1987).

  7. In re Peck

    112 B.R. 485 (Bankr. D. Conn. 1990)   Cited 9 times
    Noting that in matters concerning disqualification, courts "give deference to the right of a client to choose his own counsel so long as high professional standards are maintained."

    "The disinterested person and adverse interest tests for employment of professional persons under § 327(a) overlap in that the § 101(13) definition of `disinterested person' includes a person that does not have an interest materially adverse to the interest of the estate." In re Intech Capital Corp., 87 B.R. 232, 233 (Bankr.D.Conn. 1988). That single hallmark requires the court to inquire whether DKB has some incentive to act contrary to the best interests of the estate and its creditors.

  8. In re Waterfall Village of Atlanta, Ltd.

    103 B.R. 340 (Bankr. N.D. Ga. 1989)   Cited 10 times

    The disinterested person and adverse interest tests of Section 327(a) overlap with the definition of "disinterested person" in Section 101(13). In re Intech Capital Corp., 87 B.R. 232, 233 (Bankr.D.Conn. 1988). There is no dispute that HNZW meets the definition of a disinterested person as set out in Section 101(13)(A)-(D).

  9. In re Fretheim

    102 B.R. 298 (Bankr. D. Conn. 1989)   Cited 17 times

    Such a test is consistent with a primary purpose of § 327(a) to prevent conflicts of interests which "erode the confidence of other parties in the administration of . . . [the] estate to say nothing of public confidence in the administration of justice in bankruptcy courts." In re Intech Capital Corp., 87 B.R. 232, 236 (Bankr.D.Conn. 1988). See also In re Leslie Oil and Gas Co., Inc., supra, 98 B.R. at 775-76; In re Lowry Graphics, Inc., supra, 86 B.R. at 79; In re Frederick Petroleum Corp., supra, 75 B.R. at 780.

  10. In re Glosser Bros., Inc.

    102 B.R. 38 (Bankr. W.D. Pa. 1989)   Cited 14 times
    Refusing to approve an indemnification provision that excluded only willful misconduct and gross negligence, and limited liability to the amount of fees paid

    At least one court has recently held that the Congressional mandate that equity security holders cannot be disinterested includes no restrictions based upon the exercise of control. In re Intech Capital Corp., 87 B.R. 232 (Bankr.D.Conn. 1988). The fact that Bear Stearns' employees will not vote their stock does not mean that they no longer have an interest in its condition, nor does it mean that they cannot try to control the Debtors from a position "offstage".