In re Francis

MEMORANDUM OF DECISION ON APPLICATION TO EMPLOY COUNSEL

Debtors James G. and Patricia G. Francis (“the debtors”) filed a chapter 11 petition in propria persona on July 21, 1993. On December 15, 1993, the debtors filed an application to employ the law firm of Kimble, Mac-Michael & Upton (“the firm”) as legal counsel. The firm presently represents as bankruptcy counsel the debtors’ wholly owned corporation, James G. Francis Contractor, Inc., (“the corporation”) in a chapter 7 proceeding also pending in this court as case number 189-01769-B-7K. The corporation’s case was originally filed as a chapter 11 on April 21, 1989, but was subsequently converted to a chapter 7 on April 14, 1992.

The debtors’ application recites that they be permitted to employ the firm not only for its skill and experience in representation of chapter 11 debtors but also because the firm has gained through its representation of the corporation in the corporation’s bankruptcy proceeding specific knowledge that relates to the debtors in this case, factors which would permit efficient and economical handling of this matter.

The debtors assert that there is nothing improper in the firm’s representation of both…