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DAVID v. KING

No. 23-1856.

109 F.4th 653 (2024)

Byron F. DAVID, Debtor-Appellant, v. Donald F. KING, Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2024.

Attorney(s) appearing for the Case

ARGUED: James Paul Campbell, CAMPBELL FLANNERY, P.C., Leesburg, Virginia, for Appellant. Alexander McDonald Laughlin, ODIN, FELDMAN & PITTLEMAN, P.C., Reston, Virginia, for Appellee. ON BRIEF: Matthew L. Clark, CAMPBELL FLANNERY, P.C., Leesburg, Virginia, for Appellant.

Reversed and remanded with instructions by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson joined. Judge Wilkinson wrote a dissenting opinion.

This appeal turns on a single question. Does § 327(a) of the Bankruptcy Code permit a former trustee to file a post-hoc application to retroactively employ professionals corresponding with the time he previously held fiduciary office? Because it does not, we reverse the district court's contrary decision...

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