South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Professional Home Nursing, Inc. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
Professional Home Nursing, Inc.; and First American Home Care of South Carolina, Inc.

Respondent:
South Carolina Department of Health and Environmental Control and Home Health of South Carolina, Inc., (Lexington County)
 
DOCKET NUMBER:
95-ALJ-07-0479-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER DENYING MOTION FOR CONTINUANCE

This matter comes before me upon the filing of a Motion for Continuance by Petitioner First American Home Care of South Carolina, Inc. (hereinafter referred to as "First American").

A teleconference was conducted on March 4, 1996, at 3:30 p.m. with counsel for each party in the above matter participating.

First American and its subsidiaries filed for Chapter 11 bankruptcy in Georgia on

February 22, 1996. The bankruptcy trustee may prosecute or enter an appearance and defend any pending action by the debtor before any tribunal or may employ an attorney to represent the estate. Rule 11, Bankruptcy Rules (1994); 11 U.S.C. § 327 (1993). First American seeks a continuance in the present matter until such time as Nexsen, Pruet, Jacobs & Pollard, L.L.P. (hereinafter referred to as "Nexsen, Pruet") can be formally appointed by the bankruptcy trustee to continue representation of First American, pursuant to 11 U.S.C. § 327(e) (1993). It is the understanding of this Court that employment and approval of counsel to continue to represent a debtor in a pending action is a pro forma ministerial act which may be completed with expedience, if necessary.

Nexsen, Pruet has not shown, by affidavit or otherwise, that it is unlikely to be approved by the trustee as special counsel in the present matter, or that its pre-petition fees for legal services incurred as a result of representation of First American has created an interest adverse to the debtor so as to disqualify Nexsen, Pruet as counsel in the present matter. On the contrary, Nexsen, Pruet represents to this Court that it intends to apply for approval as special counsel and does not anticipate objection by the trustee.

It is reasonable to expect Nexsen, Pruet, as soon as practicable, to file an application with the First American trustee to continue to serve as counsel in this matter and be approved prior to March 18, 1996, the date of the required submission of proposed orders. If appointment of Nexsen, Pruet by the trustee occurs after March 18, 1996, counsel would still be entitled to fees for services rendered to the estate, with appointment nunc pro tunc.

IT IS THEREFORE ORDERED that First American's Motion for Continuance is denied.

IT IS FURTHER ORDERED that Nexsen, Pruet immediately file an application with First American's bankruptcy trustee to be approved as counsel in the present case and seek expedited action on its application.

IT IS FURTHER ORDERED that Nexsen, Pruet file with this Court a copy of the application filed, and upon approval or denial of that application by the bankruptcy trustee, file with this Court documentation of that decision.

AND IT IS SO ORDERED

_______________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

March 5, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court