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TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 3.
Case Administration
Subchapter II. Officers
11
USC § 327. Employment of professional persons
(a) Except as otherwise provided in this section, the trustee, with the
court’s approval, may employ one or more attorneys, accountants, appraisers,
auctioneers, or other professional persons, that do not hold or represent an
interest adverse to the estate, and that are disinterested persons, to
represent or assist the trustee in carrying out the trustee’s duties under
this title.
(b) If the trustee is authorized to operate the business of the debtor
under section
721, 1202,
or 1108
of this title, and if the debtor has regularly employed attorneys,
accountants, or other professional persons on salary, the trustee may retain
or replace such professional persons if necessary in the operation of such
business.
(c) In a case under chapter
7, 12,
or 11 of this
title, a person is not disqualified for employment under this section solely
because of such person’s employment by or representation of a creditor,
unless there is objection by another creditor or the United States trustee, in
which case the court shall disapprove such employment if there is an actual
conflict of interest.
(d) The court may authorize the trustee to act as attorney or accountant
for the estate if such authorization is in the best interest of the estate.
(e) The trustee, with the court’s approval, may employ, for a specified
special purpose, other than to represent the trustee in conducting the case,
an attorney that has represented the debtor, if in the best interest of the
estate, and if such attorney does not represent or hold any interest adverse
to the debtor or to the estate with respect to the matter on which such
attorney is to be employed.
(f) The trustee may not employ a person that has served as an examiner in
the case.
[Rev. 4-30-05]
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