Supreme Court Corner

By M. Jonathan Hayes, Certified Bankruptcy Specialist, Northridge, CA

Lamie v. United States Trustee, 540 U.S. 526 (2004)

Issue: Does the debtor’s attorney in a chapter 11 case have the right to fees after the case is converted to chapter 7 when his efforts benefit the estate but he has not been retained by the trustee or approved in advance by the court?

Holding: No

Justice Anthony Kennedy, Stevens concurred joined by Souter and Breyer

Section 330(a)(1) provides . . .

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