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IN RE HAROLD & WILLIAMS DEVELOPMENT CO.

No. 92-1034.

977 F.2d 906 (1992)

In re HAROLD & WILLIAMS DEVELOPMENT COMPANY, a/k/a Albert E. Harold, a/k/a A.E. Harold & Son, Debtor. HAROLD & WILLIAMS DEVELOPMENT COMPANY, a/k/a Albert E. Harold, a/k/a A.E. Harold & Son, Plaintiff-Appellant, v. UNITED STATES TRUSTEE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1992.

Attorney(s) appearing for the Case

Harry William Jernigan, III, Harry W. Jernigan, P.C., Virginia Beach, Va., argued (Linda E. Salmon, on the brief), for plaintiff-appellant.

Clifford Joseph White, III, Asst. U.S. Trustee, Rockville, Md., argued (Martha L. Davis, General Counsel, John E. Waites, U.S. Trustee, Debera F. Conlon, Asst. U.S. Trustee, James T. Lloyd, Jr., Office of the U.S. Trustee, Norfolk, Va., on the brief for defendant-appellee.

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

In the Chapter 11 bankruptcy proceeding of Harold & Williams Development Company, the bankruptcy court was presented with a request to approve the appointment of one person to serve as both lawyer and accountant for the debtor in possession pursuant to 11 U.S.C. § 327. Purporting to establish what appears to be a per se rule against such dual roles in all bankruptcy cases...

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