Jacob Camacho

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 04-29888PM
Jacob Camacho,
Chapter 7
Debtor.
MEMORANDUM OF DECISION
This case is before the court on the First and Final Application for Compensation and
Reimbursement of Expenses of James M. Hoffman and Shulman, Rogers, Gandal, Pordy & Ecker,
P.A. as General Counsel to Scott D. Field, Chapter 7 Trustee (“the Fee Application”). There were
no objections filed, and in light of the United States Trustee's endorsement of the Chapter 7
Trustee's Final Report and Proposed Distribution, the court will allow the fees and expenses
requested subject to the conditions set forth herein.
This chapter 7 case was filed on August 26, 2004. Scott D. Field was appointed the Chapter
7 Trustee. In October 2004, the case was designated an asset case and authorization to employ
James M. Hoffman and Shulman, Rogers, Gandal, Pordy & Ecker, P.A. ("the Applicant") as general
counsel for the Chapter 7 Trustee was sought. In December 2004, an adversary proceeding was
commenced wherein the Chapter 7 Trustee sought to avoid an alleged fraudulent conveyance of real
property. The adversary proceeding settled in October 2005, resulting in recovery to the estate of
$42,500.00. The Chapter 7 Trustee proposed distributions for general unsecured creditors totaling
$8,078.90 and for his counsel, the Applicant, totaling $34,603.07. The general unsecured claims
filed in this case totaled $29,884.33, resulting in a 27.03390% return.
Date signed February 23, 2007
Entered: February 27, 2007 Case 04-29888 Doc 40 Filed 02/27/07 Page 1 of 3

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The Chapter 7 Trustee is of counsel to Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
Much is made of the fact that he requested no compensation for total disbursements to be made by
him of $42,703.97, inasmuch as he gave up the right under 11 U.S.C. § 326(a) to file a petition for
compensation not exceeding $5,020.40. The court is not impressed by this, because the fact is that
the court would look long and hard at the Chapter 7 Trustee were he to seek, in the circumstances of
this case, compensation for writing a check to his own law firm, the proposed receipt of nearly 73%
of the proceeds of this estate.
The Fee Application was filed in January 2007, after a "reduction" of $2,000.00, the
Applicant seeks $29,857.00 and the reimbursement of expenses totaling $4,746.07. With respect to
the fees sought, the court's impression, after review of the statements, is that the case was
overworked. However, hindsight is 20/20. The court is particularly concerned with the expenses
charged. The statement reflects an unexplained "Miscellaneous" charge of $305.12 and a "Witness
Fee" of $1,615.78 to which no application for approval of compensation was filed. 	When
questioned about the "Witness Fee" expense at the hearing held on February 22, 2007, the
Applicant responded that an application could be filed seeking payment of that item, but at an
additional expense to the estate. The court perceives the Applicant's response as a threat. An
application should have been filed.
In view of the United States Trustee's review of this case and the absence of objections by
any of the creditors filing claims, the court will allow the Fee Application. Approval, however, is
subject to the filing of an explanation of the "Miscellaneous" expense charge of $305.12 and the
filing of an application for approval of compensation to an expert witness Jeffrey Greenblatt.
An appropriate order will be entered.
cc: 	Jacob Camacho
11412 Brundidge Terrace
Germantown, MD 20876
Leonard Tober
Suzanne Patrice Delaney
Weinstock, Friedman & Friedman, P.A.
4 Reservoir Circle
Baltimore, MD 21208
Scott D. Field
Case 04-29888 Doc 40 Filed 02/27/07 Page 2 of 3

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11921 Rockville Pike, 3rd Floor
Rockville, MD 20852-2743
James M. Hoffman
11921 Rockville Pike
Suite 300
Rockville, MD 20852
All creditors filing claims
United States Trustee
End of Memorandum of Decision
Case 04-29888 Doc 40 Filed 02/27/07 Page 3 of 3