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Legal Opinion

In re Arkansas Co.

Court of Appeals for the Third Circuit

Decided August 13, 1986No. 85-5841PublishedCited by 56 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I

Introduction

This case raises two issues. First, does the bankruptcy court have the power to grant retroactive approval of the employment of an attorney by a creditors committee in Chapter 11 bankruptcy proceedings? Second, if such power exists, what standard should govern the grant of retroactive approval? We hold that bankruptcy courts may, in extraordinary circumstances, grant retroactive approval of professional employment. We also hold, however, that in this case no extraordinary circumstances were alleged to justify retroactive approval.

II

Facts

2Cases cited17 opinions

  1. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  2. In the Matter of Triangle Chemicals, Inc., Debtor. Darryl Fanelli v. Nelson T. Hensley, TrusteeCourt of Appeals for the Fifth Circuit · 1983
  3. In re Hydrocarbon Chemicals, Inc.Court of Appeals for the Third Circuit · 1969
  4. In The Matter Of Laurent Watch Co., Inc.Court of Appeals for the Ninth Circuit · 1976
  5. In Re Bible Deliverance Evangelistic ChurchUnited States Bankruptcy Court, E.D. Pennsylvania · 1984

12 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. In re JarvisCourt of Appeals for the First Circuit · 1995
  2. In the Matter of Arkansas Company, Inc., a New York Corporation, Debtor. Appeal of Benenson & Scher, P.A., Attorneys for the Creditors Committee of Arkansas Co., IncCourt of Appeals for the Third Circuit · 1986
  3. In Re James W. LAND & Lois L. Land, Debtors. James W. LAND, Lois L. Land & Thomas J. Kerwin, Appellants, v. FIRST NATIONAL BANK OF ALAMOSA, AppelleeCourt of Appeals for the First Circuit · 1991
  4. In the Matter Of: Grabill Corporation, Debtors-Appellees. Appeal Of: Daniel M. PelliccioniCourt of Appeals for the Seventh Circuit · 1993
  5. In re SingsonCourt of Appeals for the Seventh Circuit · 1994

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