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From the Editor – Attorneys and Fees
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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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