Bankruptcy Court Strikes Former Counsel's Affidavit Supporting Adverse Party in Working Interest Dispute

The Southern District of Texas Bankruptcy Court struck an affidavit submitted by Larry Jacobs, former counsel to HB2 Origination, LLC, in support of Alpine Non-Op LLC's summary judgment motion seeking a declaratory judgment that non-operating working interests in oil and gas leases were not property of the bankruptcy estate. The court held that Jacobs breached his duty of loyalty under Texas Disciplinary Rules of Professional Conduct Rule 1.09(c) by submitting an affidavit containing information relating to his prior representation of HB2 on the same subject matter, directly adverse to his former client.