Up chuck this!!!!
B. Failing to reveal the identity of connections impacts Bankruptcy System transparency
and conflicts with the mandatory disclosures.
14. Not disclosing the identity of interested parties with whom Kirkland has
connections is inconsistent with open courts, open records, bankruptcy system transparency and
makes it impossible for the public to fully evaluate the retention and disinterestedness. In order
for the Court (and other parties) to determine whether a conflict exists or if the professional is
disinterested, the disclosure of connections must provide sufficient information to make that
determination.
15. Disclosures made pursuant to Rule 2014 “must be explicit enough for the court and
other parties to gauge whether the person to be employed is not disinterested or holds an adverse
interest.” In re Circle T Pipeline, Inc., No. 11-10556, 2011 WL 9688240 at *10 (Bankr. W.D. Va.
Dec. 3, 2011) (quoting In re Midway Indus. Contractors, Inc., 272 B.R. 651, 662
(Bankr.N.D.Ill.2001)).
16. The net effect of not disclosing the identity of “Parties in Interest” under the facts
of this case would be to handicap the Court and interested parties from evaluating the nature and
extent of the connections. The UST would respectfully submit that the identity of the connections
should be disclosed to facilitate the process and prevent circumventing rule 2014.
WHEREFORE, the U.S. Trustee respectfully requests that this Court enter an order
abating or denying the Application pending disclosure of the confidential parties and for further
relief as may be equitable and just.
Dated: June 24, 2020
