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Published on 3/27/2008 in the Prospect News Distressed Debt Daily.

Sharper Image trustee objects to motion to hire Robert P. Conway as CEO

By Jennifer Lanning Drey

Portland, Ore., March 27 - Sharper Image Corp.'s U.S. Trustee objected to the company's request for court approval to hire Conway, Del Genio, Gries & Co., LLC's Robert P. Conway as its chief executive officer under a restructuring management services agreement with the firm, according to a Thursday filing with the U.S. Bankruptcy Court for the District of Delaware.

U.S. Trustee Kelly Beaudin Stapleton argued that Conway and the firm do not qualify as "disinterested persons," which prohibits them from being able to satisfy the requirements for employment under bankruptcy law.

Specifically, the trustee pointed out that Conway, who is a founding member of Conway, Del Genio, Gries & Co., was named as Sharper Image's CEO on Feb. 14, five days prior to the company's Chapter 11 filing.

Stapleton said Conway is a representative of Conway, Del Genio, Gries & Co., which means the firm has served as an officer of Sharper Image both before and after the company's bankruptcy filing, which is not allowed under bankruptcy law.

Sharper Image, a San Francisco-based specialty retailer, filed for bankruptcy on Feb. 19. Its Chapter 11 case number is 08-10322.


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