Menu    2 ABR 360 
HERBERT A. ROSS
U.S. Bankruptcy Judge

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ALASKA
605 West 4th Avenue, Room 138, Anchorage, AK 99501-2296 (Phone 907/271-2655)


In re Case No. A91-00256-HAR
Chapter 7
ALASKA INTERCITY LINES, INC., 
Debtor(s)     ORDER DENYING APPLICATION OF
DEBTOR FOR AUTHORITY TO EMPLOY
ATTORNEY

     On April 4, 1991, an application was filed by the chapter 7 debtor for employment of an attorney. No order was entered approving or denying the application at the time, but an order was lodged on March 19, 1992 for approval of the application. 11 USC § 327(a) does not require such approval. Only the trustee, which includes a debtor-in-possession pursuant to 11 USC § 1107(a), must get authority. The wording of the section governing the award of compensation bears this out. 11 USC § 330(a) provides:

Section 330. Compensation of officers

(a) After notice to any parties in interest and to the United States trustee and a hearing, and subject to sections 326, 328, and 329 of this title, the court may award to a trustee, to an examiner, to a professional person employed under section 327 or 1103 of this title, or to the debtor's attorney-
(1) reasonable compensation for actual, necessary services rendered • • • ; and (2) reimbursement for actual, necessary expenses. [emphasis added]

TOP    2 ABR 361  Therefore,

     IT IS ORDERED that the Application by Debtor for Authority to Employ Attorney (Docket No. 7 filed April 4, 1992) is DENIED as unnecessary.



DATED: March 26, 1992 
  
 ______________________________
 HERBERT A. ROSS
 U.S. Bankruptcy Judge


Serve: 
Bernd Guetschow, Esq., for Debtor 
Michael Mills, Esq., for Trustee 
U.S. TrusteeH4070