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TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 3.
Case Administration
Subchapter II. Officers
11
USC § 328. Limitation on compensation of professional persons
(a) The trustee, or a committee appointed under section
1102 of this title, with the court’s approval, may employ or authorize
the employment of a professional person under section
327 or 1103
of this title, as the case may be, on any reasonable terms and conditions of
employment, including on a retainer, on an hourly basis, on a
fixed or percentage fee basis, or on a contingent fee basis.
Notwithstanding such terms and conditions, the court may allow compensation
different from the compensation provided under such terms and conditions after
the conclusion of such employment, if such terms and conditions prove to have
been improvident in light of developments not capable of being anticipated at
the time of the fixing of such terms and conditions.
(b) If the court has authorized a trustee to serve as an attorney or
accountant for the estate under section
327(d) of this title, the court may allow compensation for the trustee’s
services as such attorney or accountant only to the extent that the trustee
performed services as attorney or accountant for the estate and not for
performance of any of the trustee’s duties that are generally performed by a
trustee without the assistance of an attorney or accountant for the estate.
(c) Except as provided in section
327(c), 327(e),
or 1107(b)
of this title, the court may deny allowance of compensation for services and
reimbursement of expenses of a professional person employed under section
327 or 1103
of this title if, at any time during such professional person’s employment
under section
327 or 1103>
of this title, such professional person is not a disinterested person, or
represents or holds an interest adverse to the interest of the estate with
respect to the matter on which such professional person is employed.
[Rev. 4-30-05]
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