[CLBS] Can I represent both an LLC and a principal? What kind oftwaivers do I need?

[Randal French]

In a ch 7 or ch 13, yes.  In a ch 11 or 12, no. Representing both in ch 11 or 12 is a conflict of interest between representing the estate and being paid from the estate. Which requires employment approval per 327, and representing the conflicting interest of the principal/guarantor.

Not usually an issue in ch 7 or 13 because no approval per 327 is required. Then its BBCack to basic rules of professional conduct addressing representation of multiple patties.

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________________________________
From: CLBS <clbs-bounces at admws.idaho.gov> on behalf of Holly Roark <holly at roarklawboise.com>
Sent: Saturday, March 23, 2019 10:57:09 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Can I represent both an LLC and a principal? What kind of waivers do I need?

I've got an LLC with 2 members. Can I represent both the LLC and one of the
principals (who signed personal guarantees)? There is no litigation yet, but
I am doing some transactional work for the LLC, and may have to do a BK for
the principal and/or defend him in civil court if he is sued. Does anyone
have a sample of conflict waivers for this type of situation you can share
with me? Or any horror story as to why I should not do this? I appreciate
all guidance on this.



Best regards,

HOLLY ROARK

Attorney at Law

Certified Bankruptcy Specialist -

By the State Bar of California Board of Legal Specialization



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