From the Editor – Debtor’s Attorney and Other Professionals

By The Honorable William Houston Brown (Retired)

Mediator is professional person and employment requires court approval. The Chapter 7 trustee moved to toll the time for filing a recovery complaint to permit the parties to conduct mediation, using a retired bankruptcy judge as mediator, and the bankruptcy court questioned whether the trustee would bill for his time in participating in the mediation and would use estate funds to pay a portion of the mediator’s fee. The resulting opinion found that a trustee in any case would not be permitted to unilaterally agree to mediation for . . .

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