Jean-Claude Fotso and Berthe Fotso

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 05-29843PM
Jean-Claude Fotso aka Jean Fotso and 	Chapter 7
Berthe Fotso aka Berthe Nietcheu Wandji aka
Berthe W. Nietcheu,
Debtors.
MEMORANDUM OF DECISION
Following the entry of the Memorandum of Decision on the fee application of Richard S.
Stolker and the law firm of Richard S. Stolker, P.A. (Docket No. 133), an appeal was taken by
Richard S. Stolker and the law firm of Richard S. Stolker, P.A. to the United States District Court
for the District of Maryland. That appeal was premature in that no order had been entered
implementing the Memorandum of Decision, as required by Rule 9021 of the Federal Rules of
Bankruptcy Procedure. This is apparent from the direction to the Chapter 13 Trustee at the end of
the Memorandum of Decision to "prepare and (sic) appropriate order to implement this decision."
No such form of order was submitted, and no order was entered on Mr. Stolker's application. In an
effort to bring this matter to a conclusion, this court will implement the decision of the District
Court. The order accompanying this Memorandum of Decision is the final order on Mr. Stolker's
application required by Rule 9021 of the Federal Rules of Bankruptcy Procedure.
What this court sought to do in its Memorandum was to give the Debtors credit for the direct
payments made by them to Mr. Stolker, so that the Chapter 13 Trustee's duty was to pay $2,204.19
to him, the remaining sums allowed having been paid by the Debtors. The court understands that
Date signed August 01, 2007
Entered: August 03, 2007 Case 05-29843 Doc 154 Filed 08/03/07 Page 1 of 3

the Chapter 13 Trustee's payment has been made. 	The idea was that not to order the Chapter 13
Trustee to make duplicative payments to counsel. The court also made a slight diminution in the
amount of the allowance to counsel because of the uncertainty of the benefit to the Debtors of all the
services rendered for which compensation was sought.
Perhaps the most pressing concern to this court was the failure of Mr. Stolker to file the
Statement of Compensation required by Rule 2016(b) of the Federal Rules of Bankruptcy Procedure
disclosing the compensation paid to him or promised to be paid. 	Because no such Statement was
filed at the time he entered his appearance, Mr. Stolker also failed to comply with the requirements
of Local Bankruptcy Rule 2016-1(b). Finally, the court was troubled by the answer to Question No.
9, on the Debtor's Amended Statement of Financial Affairs filed June 27, 2006 (Docket No. 42), as
to payments made relating to debt counseling or bankruptcy. This Statement, prepared by Mr.
Stolker and signed by the Debtors under oath, reflected that all that the Debtors paid him prior to the
filing was $500.00 in May 2006. However, the Supplement to the Application for Compensation of
Counsel and Reimbursement of Expenses Advanced (Docket No. 132) that he filed on April 19,
2007, disclosed for the first time that he had actually received $10,500.00 from the Debtors between
January 24, 2006, and May 15, 2006.
An order will be entered allowing the compensation sought by counsel in accordance with
the direction of the United States District Court for the District of Maryland.
cc: 	Honorable Marvin J. Garbis
United States District Judge
101 W. Lombard St.
Baltimore, MD 21201
Jean-Claude Fotso aka Jean Fotso and Berthe Fotso aka Berthe Nietcheu Wandji aka
Berthe W. Nietcheu,
13101 Cabinwood Drive
Silver Spring, MD 20904
Richard S. Stolker
110 N. Washington St., Suite 320
Rockville, Maryland 20850
Case 05-29843 Doc 154 Filed 08/03/07 Page 2 of 3

Chapter 13 Trustee, Nancy S. Grigsby
4201 Mitchelville Road, Ste. 401
P.O. Box 958
Bowie, MD 20718
Chapter 7 Trustee, Roger Schlossberg
134 West Washington Street
P.O. Box 4227
Hagerstown, MD 21741-4227
Lynn Kohen, Esquire
Office of United States Trustee
6305 Ivy Lane, Suite 600
Greenbelt, Maryland 20770
End of Memorandum of Decision
Case 05-29843 Doc 154 Filed 08/03/07 Page 3 of 3