· 11/5/1985
In Re Freedom Solar Center, Inc., Debtor. Paulette P. Parker, Trustee v. Robert G. Frazier
Citations
- 776 F.2d 14
- 13 Collier Bankr. Cas. 2d 915
- 1985 U.S. App. LEXIS 23811
- 13 Bankr. Ct. Dec. (CRR) 1009
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting shareholder interest “in delaying the turnover of the assets [in order] to use his possession of them as a negotiating chip, while the debtor’s interest was in cooperating with the trustee to achieve the swiftest resolution possible”
- Chapter 7 case discussing interests of debtor and its principal and holding that when their interests diverge counsel may not represent both
- “Federal law imposes duties on the debtor. In a given case these duties can become onerous and complicated, necessitating truly independent counsel.”
- “Federal law imposes duties on the debtor. In a given case these duties can become onerous and complicated, necessitating truly independent counsel.”
- “debtor’s counsel may not also represent the debtor’s sole shareholder when that shareholder is attempting to purchase some of debtor’s assets and may be liable for preferential transfers.”
- Shareholder was a potential purchaser of debtor in possession’s assets
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Bownes, Timbers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.