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IN RE SMART WORLD TECHNOLOGIES, LLC

No. 08-1721-bk.

552 F.3d 228 (2009)

In re SMART WORLD TECHNOLOGIES, LLC, Debtor, Riker, Danzig, Scherer, Hyland & Perretti, Plaintiff-Appellee, v. Official Committee of Unsecured Creditors, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 6, 2009.

Attorney(s) appearing for the Case

Laurence May, (Michele E. Cosenza, of counsel), Cole, Schotz, Meisel, Forman & Leonard, P.A., New York, NY, for Appellant.

J. Alex Kress, (Glenn D. Curving, of counsel, Kevin J. Larner, on the brief), Riker, Danzig, Scherer, Hyland & Perretti, LLP, Morristown, NJ, pro se.

Before SACK and WESLEY, Circuit Judges, and KAHN, District Judge.

WESLEY, Circuit Judge:

This appeal poses a question of first impression. How does a court determine whether a bankruptcy court has "pre-approved" a debtor's retention of a professional pursuant to 11 U.S.C. § 328(a)? In this case, we find that the bankruptcy court's order was a section 328(a) pre-approval, and that no later developments rendered that approval improvident, and therefore affirm the judgment of the United

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