Lamie v. United States Trustee, 540 U.S. 526, 3 (2004)

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528

LAMIE v. UNITED STATES TRUSTEE

Syllabus

330, taken together, allow Chapter 7 trustees to engage attorneys, including debtors' counsel, and allow courts to award them fees. Section 327's limitation on a debtor's incurring debts for professional services without the trustee's approval also advances the trustee's responsibility for preserving the Chapter 7 estate. Add to this the apparent sound functioning of the bankruptcy system in the Fifth and Eleventh Circuits, which have both adopted the plain meaning approach, and petitioner's arguments become unconvincing. And § 330(a)(1) does not prevent a debtor from engaging in the common practice of paying counsel compensation in advance to ensure that a bankruptcy filing is in order. Pp. 536-538. (d) With a plain, nonabsurd meaning in view, this Court will not read "attorney" in § 330(a)(1)(A) to refer to "debtors' attorneys," in effect enlarging the statute's scope. See Iselin v. United States, 270 U. S. 245, 251. This Court's unwillingness to soften the import of Congress' chosen words even if it believes the words lead to a harsh outcome is longstanding. Pp. 538-539. (e) Though it is unnecessary to rely on the 1994 Act's legislative history, it is instructive to note that the history creates more confusion than clarity about the congressional intent. History and policy considerations lend support both to petitioner's interpretation and to the holding reached here. This uncertainty illustrates the difficulty of relying on legislative history and the advantage of resting on the statutory text. Pp. 539-542.

290 F. 3d 739, affirmed.

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Souter, Thomas, Ginsburg, and Breyer, JJ., joined, and in which Scalia, J., joined except for Part III. Stevens, J., filed an opinion concurring in the judgment, in which Souter and Breyer, JJ., joined, post, p. 542.

Thomas C. Goldstein argued the cause for petitioner. With him on the briefs were John M. Lamie, pro se, Amy Howe, G. Eric Brunstad, Jr., John A. E. Pottow, and Craig Goldblatt.

Lisa S. Blatt argued the cause for respondent. With her on the brief were Solicitor General Olson, Assistant Attorney General Keisler, and Deputy Solicitor General Hungar.

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