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IN RE NASHVILLE SENIOR LIVING, LLC

No. 09-8041.

426 B.R. 240 (2010)

In re NASHVILLE SENIOR LIVING, LLC, et al., Debtors. The Official Committee of Unsecured Creditors, Appellant, v. Anderson Senior Living Property, LLC, et al., Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: April 1, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Gregory A. Cross, Venable LLP, Baltimore, Maryland, for Appellant.

C. Mark Pickrell, Waller Lansden Dortch & Davis, LLP, Nashville, Tennessee, Randal S. Mashburn, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Nashville, Tennessee, for Appellees.

Before: FULTON, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

PER CURIAM.

The bankruptcy court sustained the written objection of Nashville Senior Living, LLC, et al. (the "Debtors") and the oral objection of GE Business Financial Services, Inc. ("GE," and together with the Debtors, "Appellees"), and denied the application of the Official Committee of Unsecured Creditors (the "Committee") to retain Venable, LLC ("Venable") as its counsel. The court found that Venable could not "`tender undivided loyalty and...

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