IN RE TOP GRADE SAUSAGE, INC.

Nos. 99-5383, 99-5402.

227 F.3d 123 (2000)

In re TOP GRADE SAUSAGE, INC., Debtor. In re Forist Distributors, Inc., Debtor. Hellring Lindeman Goldstein & Siegal LLP, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 12, 2000.


Attorney(s) appearing for the Case

James A. Scarpone (Argued), David Wolff, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, Attorneys for Appellants.

Mary Ellen Tully (Argued), Rabinowitz, Trenk, Lubetkin & Tully, P.C., West Orange, NJ, Attorneys for Appellee, Katherine A. Suplee, Chapter 7 Trustee of Top Grade Sausage, Inc.

Gary S. Jacobson, Stuart G. Brecher, Jacobson & Brecher, LLC, Moutainside, NJ, Attorneys for Appellee, Albert Russo, Chapter 7 Trustee for Forist Distributors, Inc.

Before: GREENBERG, ROTH and STAPLETON, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge.

Prior to the passage of the Bankruptcy Reform Act of 1994, the Bankruptcy Code expressly authorized the Bankruptcy Court to award fees and expenses from the debtor's estate to the debtor's attorneys. The Reform Act omitted debtors' attorneys from the list of officers eligible to receive such an award. See 11 U.S.C. § 330 (1994). We are now confronted with the inevitable question of whether a debtor's...

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