In re Lee
Opinion
Lead Opinion
Dahl, J.
MEMORANDUM OPINION AND DECISION
FACTS
The debtors David G. Lee and Susan C. Lee filed a chapter 11 petition on August 9, 1991 and have remained in possession. In their amended schedules, they listed their interest as plaintiffs in a state court lawsuit as an asset of the estate.
On August 10,1992 pursuant to a motion brought by the debtors for approval of compromise and settlement, this court signed an order approving the settlement of the state court lawsuit. The court, however, reserved ruling on that part of the motion which requests the payment of attorney’s fees and costs for special counsel for the debtors, Gary B. Mitchell, Esq. The parties were given an opportunity to submit further evidence and written argument on the attorney’s fees issue and the hearing on the payment of fees was continued. The evidence and briefs having been filed and the matter argued, the court issues this memorandum opinion and decision.
It is undisputed that this court did not authorize the employment of Mitchell as special counsel to the debtors until June 11, 1992, after the state court lawsuit had been *15 settled. The order authorizing his employment provided,