.jpg)
Disinterested person... Employment of Professional Persons
Dear Members: Question: Can attorney representing a Real Estate Broker in
a Chapter 13 case, recommend that debtor's employment as a broker in
another case for the sale of real property?
*11 USC 327(a) says.... may employ "that do not hold or represent an
interest adverse to the estate, and that are disinterested persons, to
represent or assist the trustee in carrying out the trustee's duties under
this title."*
*
*
*Rule 2014 states "The application shall state.... to the best of the
applicant's knowledge, all of the person's connections with the debtor,
creditors, any other parties in interest, their respective attorneys and
accountants."*
So in reading Rule 2014, as long as you disclose the relationship and there
is no adverse interest to the estate... The court can employ?
I don't see any apparent adverse interest to either client. I asked client
to find broker, they don't feel they can trust any of the ones they met.
Client asked for recommendation. I gave a list of 3. They picked this
one that is a chapter 13 client of mine. I like this broker client and he
seems like a good broker and works very hard and he is willing to be
listing broker for 5% commission rather than 6 to 10 percent. Am I missing
an adverse interest in this?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
Dear Members: Question: Can attorney representing a Real Estate Broker in a Chapter 13 case, recommend that debtor's employment as a broker in another case for the sale of real property?11 USC 327(a) says.... may employ "that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the trustee in carrying out the trustee's duties under this title."
Rule 2014 states "The application shall state.... to the best of the applicant's knowledge, all of the person's connections with the debtor, creditors, any other parties in interest, their respective attorneys and accountants."
So in reading Rule 2014, as long as you disclose the relationship and there is no adverse interest to the estate... The court can employ?I don't see any apparent adverse interest to either client. I asked client to find broker, they don't feel they can trust any of the ones they met. Client asked for recommendation. I gave a list of 3. They picked this one that is a chapter 13 client of mine. I like this broker client and he seems like a good broker and works very hard and he is willing to be listing broker for 5% commission rather than 6 to 10 percent. Am I missing an adverse interest in this?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922
The post was migrated from Yahoo.