Title Jessie Willard Bellamy, Jr.
Entered
Case Number
07-11332
Summary

Counsel for Debtor: Jeffrey Sirody Chapter 13 Trustee: Gerard Vetter Counsel for (Amicus) National Association of Consumer Bankruptcy Attorneys: Brett Weiss Debtor’s counsel filed an application for allowance of attorney’s fees and sought distribution of the requested fee as an administrative expense under the Chapter 13 plan. The court, Duncan W. Keir, C.J. held that the presumptively reasonable fee arrangements set forth in the court’s local rules were not mandatory. The court further held that Section 1326(b) requires payment of allowed administrative claims in full prior to distribution to other claimants. However, the court held that because counsel admittedly had not completed all work in the case, he was not entitled to immediate allowance of the entire “flat fee” being sought for representation of the debtor

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