Nuance or Necessity for Conflicts in Bankruptcy Cases?

15 Pages Posted: 21 Jun 2024

See all articles by Nancy B. Rapoport

Nancy B. Rapoport

University of Nevada, Las Vegas, William S. Boyd School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: June 05, 2024

Abstract

Our thinking about conflicts of interest, especially in large chapter 11 cases involving a battle of BigLaw firms, has gone all catawampus. We are now seeing court decisions on section 327(a) employment applications that, though they quite properly focus on disinterestedness and the disclosures of connections required by Bankruptcy Rule 2014, manage somehow to skip over the fact that, if we're talking about law firms seeking employment, the lawyers in those firms are bound by the ethics rules of the bars in which they hold membership. The law firms-and every lawyer in those firms-have to address the issues of conflicts with concurrent clients, former clients, or prospective clients. This paper discusses two cases involving concurrent conflicts of interest that came to completely different results.

Suggested Citation

Rapoport, Nancy B., Nuance or Necessity for Conflicts in Bankruptcy Cases? (June 05, 2024). Available at SSRN: https://ssrn.com/abstract=4856186 or http://dx.doi.org/10.2139/ssrn.4856186

Nancy B. Rapoport (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

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