Plaintiff filed a Chapter 11 and was debtor-in-possession until the bankruptcy appointed a trustee in her stead. Following dismissal of the bankruptcy case, plaintiff sued her bankruptcy attorney for malpractice. Held: Plaintiff cannot sue the attorney, without bankruptcy court approval, for malpractice committed while attorney for plaintiff as debtor in possession. The bankruptcy court appoints the attorney for the debtor-in-possession, and so the court’s permission is required to sue the attorney for acts in that capacity. (See Barton v. Barbour (1881) 104 U.S. 126.) Furthermore, any claim of malpractice for work done while the attorney represented the debtor-in-possession is barred by the res judicata effect of the bankruptcy court’s order approving the attorney’s fee application for that work. However, plaintiff may bring malpractice claims arising from legal services the attorney performed after the trustee was appointed and the attorney was no longer a court-appointed representative of the debtor-in-possession. Claims arising from that work were not covered by the fee application approval and were not property of the estate since the claims accrued after the bankruptcy case was dismissed.