United States Second Circuit

In the bankruptcy context, pre-approval of a fee agreement under 11 U.S.C. section 328(a) depends on the totality of the circumstances, including whether the professional's application, or the court's order, referenced section 328(a), and whether the court evaluated the propriety of the fee arrangement before granting final, and not merely preliminary, approval. In the circumstances of this case, the circuit court rules that: 1) the bankruptcy court's Retention Order was a pre-approval within the meaning of 11 U.S.C. section 328(a); and 2) no subsequent developments warranted modifying the terms of appellee-firm's retention.

Appellate Information

• Decided 01/06/2009
• Published 01/06/2009

Judges

• WESLEY, Circuit Judge:, Before SACK and WESLEY, Circuit Judges, and KAHN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Laurence May, (Michele E. Cosenza, of counsel), Cole, Schotz, Meisel, Forman & Leonard, P.A., New York, NY, for Appellant., J. Alex Kress, (Glenn D. Curving, of counsel, Kevin J. Larner, on the brief), Riker, Danzig, Scherer, Hyland & Perretti, LLP, Morristown, NJ, pro se.