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IN RE CONGOLEUM CORP.

No. 04-3609.

426 F.3d 675 (2005)

In re: CONGOLEUM CORP., et al. Century Indemnity Company, as Successor to CCI Insurance Company, as Successor to Insurance Company of North American; Ace American Insurance Company f/k/a Cigna Insurance Company; Ace Property & Casualty Insurance Company f/k/a Cigna Property & Casualty Insurance Company, Appellants v. Congoleum Corporation; Congoleum Sales, Inc.; Congoleum Fiscal, Inc.

United States Court of Appeals, Third Circuit.

Filed October 13, 2005.

As Amended October 20, 2005.

Attorney(s) appearing for the Case

Tancred V. Schiavoni (Argued), Jonathan J. Kim, O'Melveny & Myers LLP, New York, New York, Marty F. Siegal, Siegal & Napierkowski, Cherry Hill, New Jersey, Leonard P. Goldberger, White & Williams LLP, Philadelphia, PA, for Appellants Century Indemnity Company; Ace American Insurance Company; Ace Property & Casualty Insurance Company.

Kerry A. Brennan (Argued), Richard L. Epling, Pillsbury Winthrop Shaw Pittman LLP, New York, New York, Paul S. Hollander, Okin, Hollander & DeLuca, LLP, Fort Lee, NJ, for Appellees Congoleum Corporation, Congoleum Sales, Inc., Congoleum Fiscal, Inc.

Richard W. Hill (Argued), Rachel L. Diehl, Kevin J. Licciardi, McCarter & English, LLP, Newark, New Jersey, for Gilbert Heintz & Randolph, LLP.

Before: SLOVITER, MCKEE and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

In this pre-packaged Chapter 11 reorganization, we hold that evidence of pre-petition conduct in this case by a law firm is relevant to a review of a debtor's application to retain the firm as special insurance counsel. We conclude that the bankruptcy judge should not have granted the application here. The firm had acted as counsel for the debtor pre-petition in negotiating settlement arrangements with asbestos injury claimants...

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