PBCBA BAR BULLETINS JUNE 2020 BULLETIN - Page 13

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, [email protected] furrcohen.com. W. Jay Hunston, Jr. Mediator/Arbitrator Since 2001, limiting his practice to all forms of effective dispute resolution, including mediation, arbitration, special master, and private judging services. • J.D., Stetson Univ. College of Law • Fla. Bar Bd. Cert. Civil Trial Lawyer, 1983-2003 • Fla. Cert. Circuit Civil, Appellate & Family Mediator • Member, AAA Roster of Neutrals for Commercial and Construction Arbitration and Mediation • Qualified Fla. Arbitrator • FINRA Approved Mediator • Statewide Per Diem Rate Available Upon Request • Hourly Rates Available (No Charge for Travel Time Within 15th, 19th, and 17th Circuits) P.O. Box 508, Stuart, FL 34995 (772) 223-5503; (800) 771-7780 - Office (772) 223-4092 - Fax Email: [email protected] Website/Online Calendar: www.hunstonadr.com