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Elite Investors, LLC (Series E), as assignee v. Partnership Liquidity Investors IV, LLC, et al, (In re: Willis), BK 11-51759, AP 15-5433

Order denying defendant's motion to disqualify plaintiff's counsel.  Court held that the Georgia Rules of Professional Conduct do not prohibit counsel's representation of plaintiff in this adversary proceeding.  Counsel's representation of former client did not create a conflict of interest because counsel's former client and plaintiff do not have conflicting interests in this adversary proceeding.  Moreover plaintiff is not an officer or director breaching a fiduciary duty to the former client or other members of counsel's former client.  The Court also held that defendant's purchase of an economic interest only in counsel's former client did not create an attorney-client relationship between counsel and defendant.

Date: 
05/06/2016