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IN RE PILLOWTEX, INC.

No. 01-2775.

304 F.3d 246 (2002)

In re: PILLOWTEX, INC. Patricia A. Staiano, the United States Trustee, Appellant.

United States Court of Appeals, Third Circuit.

Filed: September 23, 2002.

Attorney(s) appearing for the Case

Robert D. McCallum, Jr., Assistant Attorney General, Joseph A. Guzinski, Acting General Counsel, P. Matthew Sutko, Attorney, Office of General Counsel, Anne Murphy (Argued), William Kanter, United States Department of Justice, Washington, DC, for Appellant.

Eric D. Schwartz, William H. Sudell, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Fordham E. Huffman (Argued), David G. Heiman, Jones, Day, Reavis & Pogue, Columbus, OH, Gregory M. Gordon, Daniel P. Winikka, Jones, Day, Reavis & Pogue, Dallas, TX, for Appellees In re: Pillowtex, Inc. and its Affiliated Debtors.

John D. McLaughlin, Jr., Pauline K. Morgan, Young, Conaway, Stargatt & Taylor, Wilmington, DE, Fred S. Hodara (Argued), Akin, Gump, Strauss, Hauer & Feld, New York, NY, for Appellee Official Committee of Unsecured Creditors.

Before SLOVITER, ROTH and McKEE, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The U.S. Trustee appeals from the District Court's order authorizing the retention of Jones, Day, Reavis and Pogue ("Jones Day") as Pillowtex, Inc.'s Chapter 11 bankruptcy counsel. The U.S. Trustee argues that payments of fees by Pillowtex to Jones Day within the 90 days before bankruptcy may have constituted an avoidable preference and that the receipt of such a preference by Jones Day would constitute a conflict...

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