Legal Opinion

In Re: William Engel, Debtor. Ferrara & Hantman Robert J. Hantman v. Jesus Antonio Alvarez Theodore J. Liscinski, Jr., Trustee United States Trustee

Court of Appeals for the Third Circuit

Decided September 3, 1997No. 96-5256PublishedCited by 100 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge:

The question we must answer on this appeal is whether an appointment of special counsel under § 327(e) of the Bankruptcy Code requires that compensation for special counsel’s services be paid from estate funds where no benefit to the bankruptcy estate has been achieved. We hold that § 330 of the Bankruptcy Code requires that services rendered by special counsel benefit the estate before payment from estate funds may be authorized. Hence, we affirm the district court’s order, which had affirmed the bankruptcy court’s order denying compensation to…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. In Re Lederman Enterprises, Inc., Debtor. Rubner & Kutner, P.C. v. U.S. Trustee Glen R. Anstine, Chapter 7 Trustee Bankers Trust CompanyCourt of Appeals for the Tenth Circuit · 1993
  4. Zolfo, Cooper & Co. v. Sunbeam-Oster Company, IncCourt of Appeals for the Third Circuit · 1995
  5. State v. EngelNew Jersey Superior Court Appellate Division · 1991

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3Cited by100 opinions

  1. In Re Norman Docteroff, Debtor, Bert L. Wolstein Lady Iris Corporation v. Norman DocteroffCourt of Appeals for the Third Circuit · 1997
  2. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated. Thomas E. Ross, Trustee. In Re Trans World Airlines, Incorporated, Debtor. Interface Group-Nevada, Incorporated v. Trans World Airlines, Incorporated, Thomas E. Ross, TrusteeCourt of Appeals for the Third Circuit · 1998
  3. United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
  4. Querubin v. ThronasHawaii Supreme Court · 2005
  5. In Re Philadelphia Newspapers, LLCCourt of Appeals for the Third Circuit · 2010

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