Monday, January 31, 2011

Trustees application in order to employ Special Counsel should specify confirmation and retention is under 328 or 330

In re Blackburn
Case No. 10-01532-TLM
Decision Date: 1/27/2011
Chapter 7

Chapter 7 Trustee filed an application in order to employ Special Counsel under a contingent fee compensation arrangement under 327(e). There was an objection to this application. A hearing followed in which the Trustee declined the invitation to submit a modified order requesting compensation under 328 or 330.
The Court desired to grant an order that specifically confirms the Special Counsel’s retention either under 328 or 330. Since the application in this case did not indicate that confirmation and retention would be under 328, the Court order is entered under 330.

Full decision HERE

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