From the Editor – Attorneys and Fees

By The Honorable William Houston Brown (Retired)

Debtor did not require court approval of special counsel. Under §§ 1303 and 1306(b), the Chapter 13 debtor had possession of state-law cause of action against a creditor for wrongful repossession. The debtor and the Chapter 13 trustee have concurrent authority over estate property, subject to § 363’s exclusive authority to the debtor to use, sell or lease property. A debtor is not a “trustee” for purposes of § 327, and the debtor was not required to seek court approval of employment of special counsel; however, such counsel must . . .

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