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Type
Opinion
Author
A. Marvin Quattlebaum Jr.
Filed
July 26, 2024
Case
Byron David v. Donald King
Case status
Decided

Opening text

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USCA4 Appeal: 23-1856 Doc: 44 Filed: 07/26/2024 Pg: 1 of 28 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-1856 BYRON F. DAVID, Debtor - Appellant, v. DONALD F. KING, Trustee - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Patricia Tolliver Giles, District Judge. (1:22-cv-01053-PTG-IDD) Argued: March 19, 2024 Decided: July 26, 2024 Before WILKINSON, RICHARDSON, and QUATTLEBAUM, Circuit Judges. Reversed and remanded with instructions by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson joined. Judge Wilkinson wrote a dissenting opinion. ARGUED: James Paul Campbell, CAMPBELL FLANNERY, P.C., Leesburg, Virginia, for Appellant. Alexander McDonald Laughlin, ODIN, FELDMAN & PITTLEMAN, P.C., Reston, Virginia, for Appellee. ON BRIEF: Matthew L. Clark, CAMPBELL FLANNERY, P.C., Leesburg, Virginia, for Appellant. USCA4 Appeal: 23-1856 Doc: 44 Filed: 07/26/2024 Pg: 2 of 28 QUATTLEBAUM, Circuit Judge: This appeal turns on a single question. Does § 327(a) of the Bankruptcy Code permit a former trustee to file a post-hoc application to retroactively employ professionals correspondi…

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