Bankruptcy Case, an attorney wishes to be appointed files an Affidavit of Disinterestedness and is required to list conflicts

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To qualify for retention under Section 327(e) of the Bankruptcy Code, an attorney [a special appointment] must not “represent or hold any interest adverse to the debtor or to the estate with respect to the matter on which such attorney is to be employed.” All conflicts and potential conflicts must be disclosed. If the attorney discloses a business relationship but does not list that the owner of the business is a good personal friend, nor that that same attorney has worked for other corporations of the friend who is at the same time spearheading the appointment process. Are these failures by the attorney to fully disclose to the court conflicts?What if it also seems likely that the attorney has an adverse interest to the debtor? How do I prove that to the court?

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Dorothy Bunce ·
A lawyer who is legally disinterested isn't required to be a lawyer with no connection to the matter at hand, but simply one that has no FINANCIAL interest in the proceeding. In small communities, no lawyer would be able to work & counsel would have to be brought in from out of town were everyone with a social relationship precluded from representing someone. Hope this perspective helps!
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