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IN RE FUNDAMENTAL LONG TERM CARE, INC.

No. 21-10587.

81 F.4th 1264 (2023)

IN RE: FUNDAMENTAL LONG TERM CARE, INC., Debtor. Estate of Arlene Townsend, Estate of Elvira Nunziata, Estate of James Henry Jones, Estate of Joseph Webb, Estate of Opal Lee Sasser, Estate of Juanita Jackson, Petitioning Creditor, Plaintiffs-Appellants, v. Steven M. Berman, Esq., Shumaker, Loop & Kendrick, LLP, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: September 18, 2023.

Attorney(s) appearing for the Case

James L. Wilkes, II , Bennie Lazzara, Jr. , Wilkes & Associates, PA, Tampa, FL, Daniel R. Fogarty , Harley E. Riedel, II , Stichter Riedel Blain & Postler, PA, Tampa, FL, for Plaintiffs-Appellants.

Steven M. Berman , Duane Allan Daiker , Seth P. Traub , Shumaker Loop & Kendrick, LLP, Tampa, FL, Stephen D. Busey , Smith Hulsey & Busey, Jacksonville, FL, for Defendants-Appellees.

Before Lagoa, Brasher, and Tjoflat, Circuit Judges.

Section 327(a) of the United States Bankruptcy Code, titled "Employment of professional persons," states that "the trustee, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and...

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