In re: Curare Laboratory LLC
- Summarized by Dean Langdon , DelCotto Law Group PLLC
- 9 months 4 weeks ago
- Case Type:
- Business
- Case Status:
- Dismissed
- Citation:
- 22-8007 (6th Circuit, Apr 08,2022) Not Published
- Tag(s):
-
- Ruling:
- The Sixth Circuit Bankruptcy Appellate Panel (BAP) denied a motion for leave to appeal an interlocutory ruling overruling an objection to employment of debtors' counsel. The BAP held the appeal did not satisfy the standards for an interlocutory appeal as a) it involved questions of law and fact; b) it did not involved a controlling legal question where a substantial difference of opinion existed; and c) retention of counsel was not a controlling issue of law in a case. Finally, the BAP noted that accepting the appeal would not save time because the court had not yet made factual findings.
- Procedural context:
- Creditors filed an objection to the debtor's continued employment of its counsel, the debtor responded and the parties submitted briefs and evidence leading up to a hearing in December, 2021. On February 9, 2022 the bankruptcy court entered an interim order overruling the objection and setting a trial the following week. Creditors filed a notice of appeal from the interim order and a motion for leave to appeal to the BAP.
- Facts:
- After the bankruptcy court initially approved employment of debtors' counsel for Curare Laboratory, creditors Solar Holding Group and Dr. Praveen Arla objected to the debtors' continued employment of Kaplan Johnson Abate & Bird (KJAB), alleging a conflict of interest from KJAB's representation of Dr. Arla in an unrelated matter.
- Judge(s):
- Croom, Dales and Mashburn
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