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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

Two recent decisions by separate judges of the Delaware Bankruptcy Court have addressed the question of whether persons providing services to debtors relating to the disposition and monetization of inventory, real estate, intellectual property and other estate assets are “professionals” and must be retained under the strictures of Section 327(a) of the Bankruptcy Code. In both cases, the judges decided that the providers were neither auctioneers nor professionals within the meaning of Section 327(a) and did not have to comply the requirements of that section.

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