e Supreme Court’s Ban on
ro Tunc Orders
y Code and Federal
rocedure 2014, Judge
requirement in the
that a professional
tained pursuant to
sfully obtain a court
on. Simply stated, a
retained as required
once having been
ptcy court is free to
services rendered to
, pre- and post-court
ce with section 330 of
g, the bankruptcy may
for services rendered
y Court’s approval of
g as the Bankruptcy
ofessional’s retention
tion is “reasonable
compensation for actual, necessary
services.” 11 U.S.C. § 330(a). See also
Benitez, at *5-6 (“The longer an estate
professional waits to seek court approval
of its retention … subjects the professional
to the possibility that approval of retention
may be denied considering the lack of
benefit to the estate thus precluding any
possibility of compensation under section
330.”)
Accordingly, if the Bankruptcy Courts in
our circuit are accepting of the analysis
of Benitez, then the Supreme Court’s
ban on nunc pro tunc orders should not
result in difficulties for debtor’s and their
professionals with respect to retention and
compensation.
This article submitted by Jason S. Rigoli,
Furr and Cohen, P.A., 2255 Glades Road,
Suite 301E, Boca Raton, FL 33431, jrigoli@
furrcohen.com.
W. Jay Hunston, Jr.
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Since 2001, limiting his
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mediation, arbitration, special
master, and private judging
services.
• J.D., Stetson Univ. College of Law
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