Jeffrey M Hall and Danielle M Hall

MEMORANDUM OF DECISION - 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
IN RE 	)
)
HALL, JEFFREY M. and 	) 	Case No. 04-00020-TLM
HALL, DANIELLE M. 	)
)
Debtors. 	) 	MEMORANDUM OF DECISION
)
________________________________ )
The chapter 7 Trustee’s attorney, Jed Manwaring (“Counsel”), filed an
application for compensation in the above case and set the same for hearing. See
Doc. Nos. 72, 73. Letters of objection were filed with the Court on January 6 and
January 9, 2006. See Doc. Nos. 74, 75.
The matter came on for hearing on January 11, 2006. Counsel appeared,
but the objecting parties failed to appear and advance their objections. See Doc.
No. 76 (minute entry). As no evidence was presented in furtherance of the
objections, and as Counsel provided sufficient rebuttal including explanation of
his billing procedures, the objections will be overruled.
However, the Court has an independent obligation to review attorney fees
under § 330. After undertaking that review, the Court determines that Counsel’s
fees must be reduced by $465.00.
Case 04-00020-TLM Doc 77 Filed 01/18/06 Entered 01/18/06 14:56:22 Desc Main
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MEMORANDUM OF DECISION - 2
The Trustee’s § 327(a) application to approve Counsel’s employment was
served on June 9, 2004, and thus the August 20, 2004 order approving
employment was effective on that date. See Doc. Nos. 46, 51; LBR 2014.1(c)
(providing that entry of an order approving employment relates back to the date of
service of the application for employment approval). Counsel’s application for
final compensation lists two items of work on June 7, 2004, and June 8, 2004,
prior to the effective date of the order approving employment. Compensation for
such services cannot be allowed. See In re Voechting, 03.4 I.B.C.R. 237 (Bankr.
D. Idaho 2003) (holding that the Court cannot approve fees for services provided
prior to court approval of professional’s employment).
The balance of Counsel’s fee request, $4,590.00, and costs, $141.14, will
be allowed.
A separate order will be entered.
DATED: January 18, 2006
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
Case 04-00020-TLM Doc 77 Filed 01/18/06 Entered 01/18/06 14:56:22 Desc Main
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