Antonio F. Proctor

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
ANTONIO F. PROCTOR : Case No. 06-13116PM
: Chapter 13
Debtor :
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MEMORANDUM OF DECISION
This case is before the court on the Trustee’s Limited Objection to Attorney Fees charged
by Richard L. Gilman. The matter came before the court for hearing on February 6, 2007, and
the court has carefully considered the arguments of the parties and the record herein.
The Disclosure of Compensation filed pursuant to Bankruptcy Rule 2016(b) contains the
following paragraph:
$3,350, exclusive of any filing fees required by the Court, of which
$2,500 is deemed earned and due the attorney as of the date on which the
first confirmation hearing is scheduled. As of the date of this statement,
debtor has paid $726 of $3,350.
This paragraph is in obvious conflict with Rule 1.5 of the Maryland Lawyers Rules of
Professional Conduct. Simply because counsel’s Disclosure, and perhaps his fee agreement with
his client, provides that a sum is deemed earned as of the date that the first confirmation hearing
is scheduled does not make that so. An obvious exception is when counsel does not appear at
hearings, a phenomenon not unusual with the counsel before the court. See generally, Attorney
Grievance Commission v. McLaughlin, 813 A.2d 845 (Md. 2002).
Signed: February 08, 2007
SO ORDERED
Entered: February 09, 2007 Case 06-13116 Doc 41 Filed 02/09/07 Page 1 of 2

The court will allow the total compensation sought, but the payments by the Trustee to
counsel shall be at the rate of $100.00 per month. Counsel for the Trustee shall submit an
appropriate order.
cc:
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
Richard L. Gilman, Esq., 8201 Corporate Drive, Suite 1140, Landover, MD 20785
United States Trustee, 6305 Ivy Lane, #600, Greenbelt MD 20770
Antonio F. Proctor, 3017 Marquis Drive, Fort Washington, MD 20744
End of Memorandum
Case 06-13116 Doc 41 Filed 02/09/07 Page 2 of 2