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MATTER OF JOY

Bankruptcy No. BK92-41752. Adv. No. A93-4041.

175 B.R. 303 (1994)

In the Matter of Kirby and Ruth JOY, Debtors. Joseph H. BADAMI, Trustee, Plaintiff, v. K.E. JOY, P.C., Defendant.

United States Bankruptcy Court, D. of Nebraska.

May 24, 1994.

Attorney(s) appearing for the Case

Victor E. Covalt, III, Lincoln, NE, for Joseph H. Badami, Trustee.

John M. Guthery, Lincoln, NE, for Kirby and Ruth Joy, debtors and K.E. Joy, P.C., A Nebraska Corp., defendant.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In this fraudulent conveyance action brought by the Chapter 11 trustee, I hold that former counsel to the debtor-in-possession is ethically disqualified from representing the defendant.

Counsel for the defendant, Mr. John Guthery, has filed a motion seeking a determination of his ability to continue as counsel in this adversary proceeding. This is an action by the trustee to recover alleged...

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