Revisiting the Supreme Court’s 2020 Decision in Acevedo Barring Entry of Nunc Pro Tunc Orders: How to Ensure Your Employment and Fee Applications are Properly Approved
In 2020, the United States Supreme Court issued a decision in Archdiocese of San Juan v. Acevedo Feliciano, 140 S. Ct. 696 (2020) strictly limiting the ability of federal courts to enter orders nunc pro tunc[GF1] .
Since Acevedo, some bankruptcy courts have questioned the propriety of entering nunc pro tunc orders approving applications to employ professionals under section 327 of the Bankruptcy Code. Nevertheless, a consensus has emerged among the lower courts that Acevedo does not, in fact, bar such orders. Before getting to these decisions, a brief recap of Acevedo is in order.
The Facts in Acevedo