IN RE: CENTRAL KENTUCKY SUPPLY COMPANY, INC. CASE NO. 93-50020

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF KENTUCKY

LEXINGTON

IN RE:

CENTRAL KENTUCKY SUPPLY

COMPANY, INC. CASE NO. 93-50020

DEBTOR

ORDER

This case is pending on a motion filed September 19, 1994, requesting nunc pro tunc appointment of Ronald A. Newcomer, PSC, as legal counsel to represent the debtor in possession in this chapter 11 proceeding effective as of the filing of the chapter 11 petition on January 6, 1993.

The motion alleges that through oversight, mistake, error, and inadvertence counsel did not apply to be appointed as counsel for the debtor in possession at the outset of this case.

. . . .

The record indicates the attorney for the debtor was consistently dilatory in filing pleadings in this case. The court is not persuaded that the failure of the attorney to apply to have himself appointed as attorney for the debtor in possession was due to oversight, mistake, error or inadvertence. The court believes it was due to the usual dilatoriness that characterized his practice in this case.

Accordingly, the motion of the debtor in possession for appointment of Ronald A. Newcomer as attorney for the debtor in possession as of the commencement of this case is overruled.

This case differs from In re Triangle Chemicals, Inc., 697 F.2d 1280 (5th Cir. 1983). In this case Liberty National Bank, by counsel, has objected to retroactive appointment of Mr. Newcomer as counsel for the debtor in possession. . . .

Dated: January 13, 1995.

By the court -

Joe Lee, Chief Judge

Copies to:

Ronald A. Newcomer

Phil Hanrahan

John O. Morgan