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IV. The Court Should Appoint Counsel to Fully Analyze the Issues Raised
in a Liquidating Trust.
Mr. Baron is not represented by counsel in the district court and it appears that he is not
represented in the Bankruptcy Court. In his Notice, the Receiver asserts that bankruptcy counsel,
Martin Thomas, reviewed the proposed liquidating trust. At the time of this submission, it does
not appear that any objections were filed on behalf of Mr. Baron by counsel nor does it appear
that Mr. Thomas has been allowed to act to protect Mr. Baron’s interests.
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At best, it appears that
Mr. Thomas’ “representation“ of Mr. Baron is, at best, a misnomer. Continued representation of
Mr. Baron by Mr. Thomas would, in any event, be inappropriate, as Mr. Thomas is adverse to
Mr. Baron with respect to issues pending on appeal, including Mr. Thomas’ fees which have
been contested by Mr. Baron on appeal. The Court should appoint the undersigned counsel to
represent Mr. Baron’s interests on these issues. Counsel should be allowed sufficient time to
fully research the relevant legal standards, and become readily familiar with the legal and factual
issues and detailed history of the proceedings.
Hearing on this Motion is requested for September 27, 2012.
WHEREFORE, Movant requests the Court enter an order that appoints counsel in the
District Court, enter an order directing that the Bankruptcy Court allow the substitution of the
undersigned counsel in the Bankruptcy proceeding, and direct that the Bankruptcy Court remove
the Motion to Approve the Liquidating Trust from its hearing docket and reschedule the matter
for briefing, allowing the undersigned counsel sufficient time and resources to provide further
research and argument on the issues. Counsel alternatively requests that, if the Court believes
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No trial counsel has been allowed to represent the interests of the Cook Islands LLCs.
Case 3:09-cv-00988-F Document 1054 Filed 09/25/12 Page 9 of 12 PageID 60679