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IN RE PALM COAST: MATANZA SHORES LTD. PARTNERSHIP

No. 95 Civ. 3592 (SAS).

188 B.R. 741 (1995)

In re PALM COAST: MATANZA SHORES LIMITED PARTNERSHIP, a Connecticut Limited Partnership, Debtor. UNITED STATES TRUSTEE, Appellant, v. Marvin J. BLOOM, Trustee, Appellee.

United States District Court, S.D. New York.

November 1, 1995.

Attorney(s) appearing for the Case

Craig Evan Freeman, New York City, for appellant Arthur J. Gonzalez, U.S. Trustee.

Kenneth P. Silverman, Andrew S. Muller, Garden City, NY, for appellee Martin J. Bloom, Trustee.

Paul H. Silverman, Walter, Conston, Alexander & Green, New York City, for Matanza Shores Limited Property Owners' Ass'n, Inc.

OPINION AND ORDER

SCHEINDLIN, District Judge.

The United States trustee appeals a final order of the Bankruptcy Court dated April 17, 1995 authorizing a Chapter 11 Trustee (hereinafter "trustee") to retain, as real estate broker to the Debtor, a firm which currently employs the trustee. The sole issue before the Court is whether § 327(d) of the Bankruptcy Code implicitly precludes a Bankruptcy Court from authorizing the retention of the trustee...

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