lamie trustee argued november decided january bankruptcy code authorized award trustee examiner professional person employed section debtor attorney reasonable compensation services rendered trustee examiner professional person attorney emphasis added highlight text later deleted congress amended code reform act act altered deleting debtor attorney change created apparent legislative drafting error current section section left missing infects grammar inclusion attorney defeats neat parallelism otherwise marks relationship current trustee examiner professional person trustee examiner professional person attorney case petitioner filed application bankruptcy seeking attorney fees time spent working behalf debtor chapter proceeding government objected application argued makes provision estate compensate attorney employed estate trustee approved petitioner admitted employed trustee approved nonetheless contended authorized fee award debtor attorney denying petitioner application bankruptcy district fourth circuit held chapter proceeding authorize payment attorney fees unless attorney appointed held code plain language authorize compensation awards debtors attorneys estate funds unless employed authorized attorney paid estate funds chapter case must employed trustee approved pp petitioner argues must look legislative history determine congress intent existing statutory text ambiguous light predecessor claims subsection attorney facially irreconcilable section first part since two parts lists previously parallel claims also drafting error explain missing conjunction examiner professional person since text previously grammatically correct starting point discerning congressional intent however existing statutory text hughes aircraft jacobson predecessor statutes begins present statute pp present statute awkward even ungrammatical make ambiguous point issue debtor attorney engaged fall within eligible class persons first part authorizes receive compensation trustees examiners professional persons subsection allows compensation services rendered four types persons three plus attorneys unless applicant one classes named first part kind service rendered irrelevant missing change conclusion numerous federal statutes inadvertently lack conjunction read plain meaning missing neither alters text substance obscures meaning subsection nonparalleled fourth category also cloud statute meaning attorney straightforwardly read refer attorneys qualify professional persons likewise neighboring permits debtors attorneys professional persons receive interim compensation straightforwardly refers debtors attorneys reading may make attorney surplusage surplusage always produce ambiguity two ways read text either attorney surplusage makes text plain attorney nonsurplusage makes text ambiguous applying rule surplusage inappropriate pp plain meaning sets forth lead absurd results petitioner arguments interpretation lead departure principle prompt effectual administration bankruptcy law attributes congress intent eliminate compensation essential debtors receipt legal services overstate effect compensation remains available various permitted means compensation debtors attorneys chapter bankruptcies example much disturbed whole moreover compensation debtors attorneys chapter proceedings altogether prohibited sections taken together allow chapter trustees engage attorneys including debtors counsel allow courts award fees section limitation debtor incurring debts professional services without trustee approval also advances trustee responsibility preserving chapter estate add apparent sound functioning bankruptcy system fifth eleventh circuits adopted plain meaning approach petitioner arguments become unconvincing prevent debtor engaging common practice paying counsel compensation advance ensure bankruptcy filing order pp plain nonabsurd meaning view read attorney refer debtors attorneys effect enlarging statute scope see iselin unwillingness soften import congress chosen words even believes words lead harsh outcome longstanding though unnecessary rely act legislative history instructive note history creates confusion clarity congressional intent history policy considerations lend support petitioner interpretation holding reached uncertainty illustrates difficulty relying legislative history advantage resting statutory text pp affirmed kennedy delivered opinion rehnquist souter thomas ginsburg breyer joined scalia joined except part iii stevens filed opinion concurring judgment souter breyer joined john lamie petitioner trustee writ certiorari appeals fourth circuit january justice kennedy delivered opinion section bankruptcy code regulates awards professional fees including fees services rendered attorneys connection bankruptcy proceedings petitioner bankruptcy attorney sought compensation section legal services provided bankrupt debtor proceeding converted chapter bankruptcy application fees denied bankruptcy district appeals fourth circuit held chapter proceeding authorize payment attorney fees unless attorney appointed code see et seq petitioner appointed fee request denied granted petition certiorari review holding affirm congress amended bankruptcy code bankruptcy reform act act stat subject professional fees addressed comprehensive changes made see collier bankruptcy pp rev ed changes served clarify standards award professional fees various courts disagree proper interpretation portion statute relevant dispute concerning attorney fees act replaced predecessor section one issue compare stat act amending act read follows notice parties interest trustee hearing subject sections title may award trustee examiner professional person employed section title debtor attorney reasonable compensation actual necessary services rendered trustee examiner professional person attorney paraprofessional persons employed trustee professional person attorney reimbursement actual necessary expenses ibid emphasis added highlight text later deleted pursuant act reads follows notice parties interest trustee hearing subject sections may award trustee examiner professional person employed section reasonable compensation actual necessary services rendered trustee examiner professional person attorney paraprofessional person employed person reimbursement actual necessary expenses noted enactment principal substantive alteration deletion five words end debtor attorney deletion created apparent legislative drafting error left current missing infects grammar examiner professional person furthermore act inclusion word attorney defeats neat parallelism otherwise marks relationship trustee examiner professional person trustee examiner professional person attorney casts doubt proper presence attorney text grammatical error parallel structure strengthens sense error exists new text courts appeals fifth eleventh circuits asked interpret current concluded language plain irrespective quirks history statutory language written courts held fees may awarded attorneys services rendered extent payments professional person employed see authorizing appointed trustee chapter bankruptcy action employ one attorneys represent assist trustee carrying trustee duties title authorizing appointed trustee chapter bankruptcy action employ specified special purpose represent trustee conducting case attorney represented debtor see distributors american steel product courts appeals second third ninth circuits contrast concluded text apparent errors rendered section ambiguous requiring consideration provision legislative history history courts held shows congress intended continue allow compensation chapter debtors attorneys irrespective qualification ames dept stores top grade sausage century cleaning services see also collier bankruptcy supra interpretive divide became relevant petitioner representation equipment services esi esi retained petitioner prepare file prosecute chapter bankruptcy proceeding behalf representing esi approval see equipment services case see also authorizing exercise statutory rights powers estate trustee including retain counsel three months chapter reorganization trustee government filed motion convert action chapter liquidation proceeding granted government motion appointed estate trustee pursuant terminated esi status terminated petitioner service attorney yet petitioner continued provide legal services esi debtor even though trustee authorization prepared reports detailing debts incurred property acquired since initial filing amended asset schedules appeared hearing adversary complaint due course petitioner filed application seeking fees time spent esi behalf chapter conversion government objected application argued makes provision estate compensate attorney authorized agreed denied fees equipment services bkrtcy wd petitioner paid fees services provided esi conversion proceeding chapter esi parties contest fees petitioner unsuccessfully sought reversal bankruptcy determination first district see equipment services wd appeals see courts concluded plain language controlled attorneys provide services debtors chapter proceedings must hired trustee eligible compensation appeals acknowledged holding deepened divide among various circuits held fast statute plain language particularly application plain language supports reasonable interpretation bankruptcy code granted petition certiorari resolve issue ii petitioner argues existing statutory text ambiguous requires us consult legislative history determine whether congress intended allow fees services rendered debtor attorney chapter proceeding attorney authorized makes case ambiguity part comparing present statute predecessor thus says statute ambiguous subsection attorney facially irreconcilable section first part since ither congress inadvertently omitted attorney list appeals relied inadvertently retained reference attorney latter brief petitioner similarly respect missing conjunction says apparent reason drafting error congress rewritten statute produce grammatically incorrect provision ibid analysis followed courts appeals hold statute ambiguous see top grade sausage supra noting search ambiguity rior amendment undisputed repetition officers meant parallel officers previously listed see also century cleaning services supra engaging resort previous enactment inquire current text ambiguity one determines ambiguity contention relying grammatical soundness prior statute contention wrong starting point discerning congressional intent existing statutory text see hughes aircraft jacobson predecessor statutes well established statute language plain sole function courts least disposition required text absurd enforce according terms hartford underwriters ins union planters bank internal quotation marks omitted quoting ron pair enterprises turn quoting caminetti begin present statute statute awkward even ungrammatical make ambiguous point issue first part statute authorizes award compensation one three types persons trustees examiners professional persons debtor attorney engaged provided simply included within class persons eligible compensation subsection statute defines type compensation may awarded compensation reasonable actual necessary services rendered four types persons three plus attorneys unless applicant compensation one named classes persons first part kind service rendered irrelevant missing conjunction change conclusion government points numerous federal statutes inadvertently lack conjunction read nonetheless plain meaning see brief respondent missing conjunction neither alters text substance obscures meaning case missing inadvertently substitutes sentence may awkward yet straightforward subsection nonparalleled fourth category persons render compensable services cloud statute meaning petitioner reasons since section single sentence since appears strive parallelism authorized receive fees whose services compensable ambiguity attorney refers also points neighboring provides debtors attorneys professional persons receive interim compensation order relief entered application fees filed argues since contemplates debtors attorneys receiving interim compensation reason conclude attorney refers debtors attorneys though go unmentioned clause subsection attorney however read straightforward fashion refer attorneys whose fees authorized attorneys qualified professional persons chapter context employed trustee approved see appointed trustee may employ one attorneys represent assist trustee carrying trustee duties title appointed trustee may employ specified special purpose represent trustee conducting case attorney represented debtor likewise reference interim compensation debtors attorneys straightforwardly refers debtors attorneys authorized must acknowledged reading text word attorney subsection may well surplusage subsection reference professional persons undoubtedly includes attorneys much reference professional persons controlling however surplusage always produce ambiguity preference avoiding surplusage constructions absolute see chickasaw nation preference sometimes offset canon permits reject words surplusage inserted repugnant rest two ways read text either attorney surplusage case text plain attorney nonsurplusage refers ambiguous component case text ambiguous applying rule surplusage absent indications inappropriate prefer plain meaning since approach respects words congress manner avoid pitfalls plague quick turn controversial realm legislative history plain meaning sets forth lead absurd results requiring us treat text ambiguous see supra citing hartford underwriters petitioner disagrees argues interpretation entail inexplicable wholesale departure guiding principle effectual administration federal bankruptcy law brief petitioner says reading attribute congress illogical determination eliminate entirely purportedly measure compensation essential debtors receipt legal services arguments overstate effect text instruction compensation remains available debtors attorneys various permitted means first requires proper authorization payment attorneys estate funds chapter filings extend throughout bankruptcy law compensation debtors attorneys chapter bankruptcies example much disturbed whole see chapter chapter case debtor individual may allow reasonable compensation debtor attorney compensation debtors attorneys working chapter bankruptcies moreover altogether prohibited sections taken together allow chapter trustees engage attorneys including debtors counsel allow courts award fees see section limitation debtors incurring debts professional services without chapter trustee approval absurd context chapter liquidation advances trustee responsibility preserving estate add apparent sound functioning bankruptcy system plain meaning approach petitioner arguments become unconvincing seeming order attended rule application five years fifth circuit four years eleventh circuit see american steel product distributors appears routine debtors pay reasonable fees legal services filing bankruptcy ensure compliance statutory requirements see generally collier compensation employment appointment trustees professionals bankruptcy cases majority cases debtor counsel accept individual joint consumer chapter case paid retainer covers fee cost filing petition interpretation accords common practice section prevent debtor engaging counsel chapter conversion paying reasonable compensation advance ensure filing order indeed code anticipates arrangements see debtors attorneys must disclose fees receive debtor year prior bankruptcy filing courts may order excessive payments returned estate petitioner argument stumbles still harder ground face another canon interpretation interpretation act reading word attorney refer debtors attorneys us read absent word statute argument result construction statute effect enlargement omitted presumably inadvertence may included within scope iselin plain nonabsurd meaning view need proceed way basic difference filling gap left congress silence rewriting rules congress affirmatively specifically enacted mobil oil higginbotham unwillingness soften import congress chosen words even believe words lead harsh outcome longstanding results deference supremacy legislature well recognition congressmen typically vote language bill locke citing richards adhering conventional doctrines statutory interpretation hold authorize compensation awards debtors attorneys estate funds unless employed authorized attorney paid estate funds chapter case must employed trustee approved iii though find unnecessary rely legislative history behind enactment find instructive history creates confusion clarity congressional intent history policy considerations lend support petitioner interpretation holding reach based plain language statute petitioner instance cites evidence supporting conclusion scrivener error obscures congress real intent years debtors attorneys considered congress courts integral part bankruptcy process see bankruptcy act ch stat see also kross sdny fair doubt congress rework longstanding role without announcing change congressional record cf cohen de la cruz read bankruptcy code erode past bankruptcy practice absent clear indication congress intended departure internal quotation marks citation omitted legislative processes behind change also lend support petitioner claim original proposed draft new featured two changes stylistic changes throughout section addition new provision giving government right object fee applications see sess reprinted right object provision added end thus came immediately critical text debtor attorney draft edited read debtors sic attorney ibid voting act law however congress amended proposed draft see cong rec setting amendment amendment made two changes deleted government right object provision critical words debtors sic attorney rest original proposed draft remained intact legislative history explains first deletion provision installed elsewhere new nothing however explains second government right object deleted reinstated reorganized words issue preceded moved provision deleted notation legislative history suggests scrivener reached far deletion factors combined convince leading treatise bankruptcy law collier deletion scrivener error effect see collier bankruptcy aspects legislative record however undermine interpretation considerations suggest congress may intended change scrivener worked example amendment part reform act designed curtail abuses fee awards according statements amendment sponsor see cong statement metzenbaum abuses ghosts seen congress bankruptcy courts reached conclusion see nrg resources bkrtcy wd la deletion issue furthered reform ensuring chapter debtors attorneys receive estate compensation absent trustee authorization work objective inconsistent interest involving debtors attorneys bankruptcy proceedings noted act still allows debtors attorneys compensated different ways see supra amendment viewed entirety gives reason think congress may intended change amendment added new section authorizes fee awards debtors attorneys chapter bankruptcies cong setting new since amendment deletion debtors sic attorney original proposed draft affected chapter debtors attorneys much chapter debtors attorneys shows special intent authorize formers fee awards face new broad exclusion congress action prove point house representatives inaction may house passed act deletion well impact called attention see bankruptcy reform hearing subcommittee economic commercial law house committee judiciary national association consumer bankruptcy attorneys nacba represents lawyers likely affected change declined object deletion ibid noting deletion stating nacba oppose amendment passage alert followed legislature nonresponse support presumption legislative awareness intention act may contain surplusage along grammatical error may result trying make substantive change fewest possible textual alterations error scrivener carrying change competing interpretations legislative history make difficult say assurance whether petitioner government lays better historical claim congressional intent alert change policy given sure house passed final version particular circumstance bear much weight alert subject testimony witness congressional hearing consisted two sentences contained within pages written statements delivered legislative subcommittee august hearing day pages added pages prepared statements testimony transcribed day testifying witnesses within nacba filing two relevant sentences appear page report nothing legislative history confirms particular point bore congressional deliberations given specific consideration uncertainties illustrate difficulty relying legislative history advantage determination rest holding statutory text congress enacted law something different intended amend statute conform intent beyond province rescue congress drafting errors provide might think preferred result granderson concurring opinion allows branches adhere respected respective constitutional roles meantime must determine intent statute us judgment appeals affirmed ordered john lamie petitioner trustee writ certiorari appeals fourth circuit january justice stevens concurring judgment joined justice souter justice breyer concurring majority recognizes ante leading bankruptcy law treatise concluded amendments contained unintended error collier bankruptcy pp rev ed whenever plausible basis believing significant change statutory law resulted scrivener error believe duty examine legislative case history reveals national association consumer bankruptcy attorneys nacba called assumed drafting error congress attention timely fashion also deemed error unworthy evidence convinces reading text surely natural petitioner correct therefore concur judgment footnotes justice souter justice breyer join opinion entirety justice scalia joins opinion except part iii footnotes chief justice marshall stated mind labours discover design legislature seizes every thing aid derived fisher cranch see ante specifically three months senate passed relevant amendment nacba submitted written comments house subcommittee economic commercial law considering change comments first noted amended version appears minor drafting errors including apparently inadvertent removal debtors attorneys list professionals whose compensation awards covered bankruptcy reform hearing subcommittee economic commercial law house committee judiciary proviso alleged errors corrected nacba expressly oppose passage amendment ibid emphasis added