David v. King, No. 1:2022cv01053 - Document 8 (E.D. Va. 2023)

Court Description: MEMORANDUM OPINION AND ORDER that the Bankruptcy Court's 09/22/2022 Order Reconsidering and Amending Employment and Fee Order is AFFIRMED (see Order for details). Signed by District Judge Patricia Tolliver Giles on 08/04/23. (pmil, )

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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division BYRON F. DAVID, Appellant^ Case No. l:22-cv-1053(PTG/IDD) V. DONALD F. KING, Appellee. MEMORANDUM OPINION & ORDER This matter comes before the Court on Debtor-Appellant Byron F. David's appeal from United States Bankruptcy Judge Klinette H. Kindred's September 2, 2022 Order Reconsidering and Amending Employment and Fee Order. Dkt. 1. The appeal presents the following question of law: whether a bankruptcy court has the authority to approve, nunc pro tune, a retention application for a former Chapter II trustee to employ professional persons on behalf of a bankruptcy estate, effective only for the Chapter 11 time period. Following a remand from this court, U.S. Bankruptcy Judge Kindred ("the Bankruptcy Court") approved, nunc pro tune, an application for Chapter 11 trustee Donald F. King to employ a law firm—retroactively applying the approval to dates prior to the bankruptcy proceedings' conversion from Chapter 11 to Chapter 13. This appeal is fully briefed and ripe for disposition. The Court heard oral argument on June 2,2023. Dkt. 7. For the reasons that follow,the Court affirms the Bankruptcy Court's September 2, 2022 Order. I. BACKGROUND A. Initial Proceedings in the Bankruptcy Case(Case No. 18-12396-KHK) On July 10, 2018, Debtor-Appellant Byron David ("David" or "Appellant") filed a David v. King Doc. 8

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