Case No. 03-15734-RGMUnited States Bankruptcy Court, E.D. Virginia.
April 7, 2004
MEMORANDUM OPINION
ROBERT MAYER, Bankruptcy Judge
THIS CASE is before the court on the debtors’ application to employ Helaine Newman of Weichert Realtors, as a real estate agent and broker pursuant to § 328(a) of the United States Bankruptcy Code. The court reviewed the application and can find no basis in the application to invoke § 328(a). No special circumstances are articulated and there appears no reason to deviate from the generally accepted employment of counsel which provides for compensation under § 330 of the United States Bankruptcy Code.
But for the request to be retained under § 328(a), the application appears to be in order and the application would be granted. However, because of the ambiguity of the motion and the order, and, in order to prevent any unfair surprises in the event that they do not wish to be employed except under § 328(a), the court will deny the motion without prejudice to the trustee re-filing an application.