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BANKAUPTCY COURT DECISIONS 1417 Citc as 21 BCD !al i many thereafter submi[ a claim under §§ 330, 503, and 507 for charucal functions and [ha[ the debtor could retain reimbursement which claim shall be allowed in a reasonable [hose services undo: Section i 108. amount Inn; SIELING ASSOCL',TES LIMITED PARTNERSHIP, Debtor No. 91-10561-AB Chapter l l Banla. E.D. Va.,?.lezandria Division 7uly 8,1991 Section 327(a) is limited m [hose profession- aLs who provide a service to the banlrn[prcy esram rather than merely enabling the debtor to remain in business and comply with local Ltws. One year prior w filing for Chaps ! 1 ptorec- don, one of the debtor's oil tanla exploded contam- inating the local ground water. As a result the state requfred the debtor to monitor local wells and ground ware. The services of an etta¢onmental tautology consultant were setair[ed for this pur- pose. Following the filing of the baNwptcy peu- don, the debtor sought the court's permission w continue m employ this consultant The US. Trustee objected that the consultan[ was no[ a pro- fessional person or was not drsinteresred as he held a prepetiuon clairtt against the estate. HOLDING. The battkruprcy court held that an environmental toxicology consultant is not a pia fessional of the type whose employment requites courtapproval. Scdon 327(a) is limited m the employment of professionals who actually administer the estate as opposed w [hose who serve mechanical func- tions necessary for the debmr's operation, the court determined "Notwithstanding the fact tha[ [the consultan['sJ rererrtion may be necessary for the Debtor m comply with MaryLvtd law, (the consul- tantj is not assisting the Debtor with its phut with the sale or ptuchase of assets or with negotiating with creditors."Therefore, the coon concluded tha[ the consultant's services fit in[o the camgary of ma Counsel for Deb[or. Lawrence A. Ka¢;Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Washingtcn, DC U.S. Ttus[ee: John E. Wailes, Alexandria. VA MARTIN V. B. BOSTETTER,JR" Chief Banlcuotty Judge Memorandum Opinion This made: is before the Court on the appliation ([he "Ap- pGration') of Sieling Associa[es Limi[ed Parctership (the "Debtor m employ James M. Kawecki and Kawecki Associ- ates (collectively, "Kawerki'~ nunc pro conc. pursuant ro 11 U.S.C. § 327(a), as an environmental consultant to monitor certain proprsty (the "Propeny'~ of the Debtor for oil conrami- nation. Because Kawecki is no[ a "professional person," as that phrase is used in Section ~27(a), and for the other reasotu stated herein, this Coup denies the Debtor's Application but holds tha[ the Debtor may employ Kawecki in the ordinary course of busi- ness without dtis Court's approval pursuan[ to 11 U.S.C. § 1108. In October 1989, over one year prior to the Debtor's filing of a petition for relief under the Bankrtrptcy Code, an oil tank exploded on the Property. As a result of such explosion, ground water on the Property was contaminated. The State of `iaryland required and continues to require the Debtor to monitor wells and ground water on the Property. Kawecki, an environmental toxicology consultant was hired by [he Debtor in 1989 for the purpose of conducting such monitohng and removing any con- Lvninatedground water. On February 12, 1991 the Deb[or filed a petition for relief under Chapter 11 of the Bartlmtptcy Code. On April 10, 1991 the Debmr filed the Application. Kawecki has billed the Deb[or 52500 forservices rendered subsequent w the filing of the peti- tion and has estimated the cost of its furore services to be 57,600. Kawecki holds a chum a¢ainst the Debtor's estate for 52,370 [or services tendered prior to the Deb[or's filing of its petition. The Unfired States Trustee filed an objection to the Appli- cation contending rho[ Kawecld is not a "professional person," or, in the aite:nauve, that Kawecki is no[ "disinterested" as rho[ term is used in I 1 U.S.C. § 327(a) in light of the fact tha[ Ka- wecJd is a creCitor of the Debmr. The Trustee does, however, concede that the Debtor may employ Kawecki in the orCinary coupe of Ne Deb[or's business. On April 15, 1991 this Coun heard on an expedited bails the Debtor's Application and took the ma¢erunCe:advisement. In a Chap: 11 reorganiz~dor, case, a debtor in possession may continue tiro operation of iii business without [he necessity m 1991 LAP Puhtleatlons ~ 8/8/91