Thomas R. Pryor and Bonnie M. Pryor

0:06-bk-13245Mdb08.02.2007

Gesamter Gesetzestext

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
THOMAS R. PRYOR : Case No. 06-13245PM
BONNIE M. PRYOR : Chapter 13
:
Debtors :
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MEMORANDUM OF DECISION
This matter is before the court on the Trustee’s objection to attorney’s fees sought in this
case of $4,500.00 and the Debtors’ opposition thereto. The matter came before the court for
hearing on February 6, 2007. The court has carefully considered the arguments of the parties and
the record of this case and finds that this is an unexceptional Chapter 13 case. Debtors scheduled
$38,653.00 in unsecured debt, secured debt consisting of a mortgage on their home, and, most
notably, over $36,000.00 in the form of a claim secured by a 2007 Chevy Tahoe purchased 103
days prior to the filing of this bankruptcy case on June 6, 2006. Payments on this vehicle are
$772.92 a month.
While counsel’s Disclosure of Compensation filed pursuant to Bankruptcy Rule 2016(b)
states that the law firm agrees to represent the Debtors for the duration of the bankruptcy
proceeding, the fact is that counsel did not represent the Debtors in defense of a motion for relief
from stay brought by the holder of the Note secured by Debtors’ automobile. In exercising the
court’s responsibility under § 329(b) of the Bankruptcy Code to ascertain the reasonable value of
the services rendered, the court finds that a fee of $4,500.00 in the circumstances of this case is
excessive. In making this decision, the court relies upon its own experience in examining
Date signed February 08, 2007
Entered: February 08, 2007 Case 06-13245 Doc 41 Filed 02/08/07 Page 1 of 2
literally thousands of cases that pass through the bankruptcy process. The court will allow a total
fee of $3,750.00 to counsel for service rendered to Debtors, with $1,750.00 having been paid
initially and the balance of the compensation to be paid out at the rate of $100.00 a month.
Counsel for the Trustee shall submit an appropriate order.
cc:
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
Adam M. Freiman, Esq., 1777 Reisterstown Road, Suite 360, Baltimore, MD 21208,
United States Trustee, 6305 Ivy Lane, #600, Greenbelt MD 20770
Thomas/Bonnie Pryor, 4516 Summer Ridge Court, Mount Airy, MD
End of Memorandum
Case 06-13245 Doc 41 Filed 02/08/07 Page 2 of 2

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