Joseph Burgess

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
JOSEPH BURGESS, SR. : Case No. 05-33334PM
: Chapter 13
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case is before the court upon counsel’s Motion to Vacate the court’s Order entered
November 10, 2005, limiting compensation received by him. This bankruptcy case under
Chapter 13 was filed on October 1, 2005. Counsel did not file the required Schedules and
Statement of Financial Affairs or the Chapter 13 Plan. On October 4, 2005, before the meeting
of creditors held pursuant to 11 U.S.C. § 341, Debtor moved to dismiss this case. The case was
dismissed by Order entered October 6, 2005. That same date there was also entered an Order to
Edward V. Hanlon, Debtor’s counsel, to justify the fee received by him of $1,485.00 within ten
days. The court waited a month before entering the Order complained of.
This court has the duty to examine debtors’ transactions with attorneys, particularly
individual debtors for whose benefit § 329 of the Bankruptcy Code provides.
11 U.S.C. § 329. Debtor’s transactions with attorneys
(a) Any attorney representing a debtor in a case under this title, or in
connection with such a case, whether or not such attorney applies for
compensation under this title, shall file with the court a statement of the
compensation paid or agreed to be paid, if such payment or agreement was made
after one year before the date of the filing of the petition, for services rendered or
Date signed December 22, 2005
Entered: December 23, 2005 Case 05-33334 Doc 26 Filed 12/23/05 Page 1 of 2

to be rendered in contemplation of or in connection with the case by such
attorney, and the source of such compensation.
(b) If such compensation exceeds the reasonable value of any such
services, the court may cancel any such agreement, or order the return of any such
payment, to the extent excessive, to--
(1) the estate, if the property transferred--
(A) would have been property of the estate; or
(B) was to be by or on behalf of the debtor under a plan
under chapter 11, 12, or 13 of this title; or
(2) the entity that made such payment.
Because counsel’s initial response only described the circumstances that made this case
time consuming, the court requested a filing in the nature of a fee application in accordance with
the Compensation Guidelines for Professionals in the United States Bankruptcy Court for the
District of Maryland that appears as Appendix D to the Local Bankruptcy Rules. This was filed
on December 21, 2005. After careful consideration of the additional submission and the matters
stated on the record in open court and the extraordinary circumstances presented, the court will
take no further action with respect to the fee charged by Mr. Hanlon for Debtor’s representation.
cc:
Edward V. Hanlon, Esq., 5510 Cherrywood Lane, Suite G, Greenbelt, MD 20770
Joseph Burgess, Sr., 9805 Dorval Avenue, Upper Marlboro, MD 20772
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
United States Trustee, 6305 Ivy Lane, #600, Greenbelt MD 20770
End of Memorandum
Case 05-33334 Doc 26 Filed 12/23/05 Page 2 of 2