In re Cecil

MEMORANDUM OPINION ON TRUSTEE’S EMERGENCY APPLICATION TO RETAIN SPECIAL COUNSEL

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Creditors Melissa West and The Tradesman Group, Inc. (collectively, “Creditors”) object to the Chapter 13 Trustee’s application 1 to employee special counsel to pursue an avoidance action.2 The primary argument in support of the Objection is that a chapter 13 trustee does not have statutory authority under § 1302(b)(1) of the Bankruptcy Code to pursue avoidance actions.3 However, because § 103(a) of the Bankruptcy Code extends a trustee’s chapter 5 avoidance powers to chapter…