In re Smith

MEMORANDUM OPINION ON THE CHAPTER 7 TRUSTEE’S ATTEMPT TO RETAIN AND PAY A MEDIATOR WITHOUT FIRST OBTAINING THIS COURT’S APPROVAL UNDER 11 U.S.C. § 327(a), FEDERAL RULE OF BANKRUPTCY PROCEDURE 2014(a), AND THE LOCAL RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION

[Docket No. 332]

Jeff Bohm, Chief United States Bankruptcy Judge

I. Introduction

Is a mediator a “professional” under § 327(a) of the Bankruptcy Code1 whose employment must first be approved before the mediation can be held? This Court has found no case law directly on point. The Court therefore issues this Memorandum Opinion explaining…