Case Information
*1 Entered: November 15, 2005 Case 05-15390 Doc 57 Filed 11/15/05 Page 1 of 2 Signed: November 14, 2005
DENIED
UNITED STATES BANKRUPTCY COURT D E N I E D FOR THE DISTRICT OF MARYLAND at Greenbelt IN RE: :
: FRALMER R. NIERVA : Case No. 05-15390PM JOSEPHINE ASIDDAO NIERVA : Chapter 13
: Debtors : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case came before the court on the Trustee’s suggestion that the court review the compensation of $2,500.00 charged by counsel and the response filed on behalf of counsel for the Debtors. Counsel did not elect to appear at the hearing. What the court has before it is, as the Trustee described, a typical Chapter 13 case. Because the original Plan filed by counsel on behalf of Debtors was unsatisfactory, the confirmation took place only upon the filing of a Second Amended Plan. Counsel’s response says nothing other than “a significant amount of work was expended in preparing this case.” What that work entailed is left to the imagination of the court.
This court is not bound by the decision of In re Young , 285 B.R. 168 (BC Md. 2002). The practice in this division has always been to deal with compensation of counsel in Chapter 13 cases only after the court has determined to enter an order confirming the plan. It would be a waste of effort to deal with requests for compensation that provide for payments under a plan that has not been confirmed. This practice enables the court to follow a procedure of excusing counsel and their clients from attending confirmation hearings should there be no timely objections and the Trustee recommends confirmation. Nonetheless, should counsel prefer, in future cases, the court will hold a hearing on compensation at the confirmation hearing.
Case 05-15390 Doc 57 Filed 11/15/05 Page 2 of 2 An appropriate order will be entered.
cc:
David A. Rosenberg,Esq., Grossbart Portney & Rosenberg, One N. Charles Street, Suite 1214,
Baltimore, MD 21201 Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902 Fralmer/Josephine Nierva, 14604 Aylesford Circle, Laurel, MD 20707
End of Memorandum D E N I E D