John Michael Pohlhaus

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
JOHN MICHAEL POHLHAUS 	: 	Case No. 06-18557PM
: 	Chapter 13
Debtor 	:
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MEMORANDUM OF DECISION
Debtor’s counsel, Joseph E. Ashley, moved for reconsideration of this court’s Order
entered February 2, 2007, directing the return of all fees paid to him by his client. The Order
was entered following the failure by counsel to file a Disclosure of Compensation as required by
Fed. Rule of Bankruptcy Proc. 2016(b) and Local Bankruptcy Rule 2016-1, and this failure to
obey the Order of this court entered January 22, 2007, directing him to file that report within
eight (8) days. While the “Amended Disclosure of Compensation” filed by counsel on February
8, 2007, stated that no fees had been received from his client for this bankruptcy filing prior to
that date, at the hearing counsel stated that report was in error in that he had received $2,000.00
from his client.
Review of compensation under 11 U.S.C. § 329(b) is especially appropriate in cases
under Chapter 13 such as this where the case is dismissed prior to the confirmation hearing. The
record is not clear as to whether the Debtor and counsel participated in the Meeting of Creditors
under 11 U.S.C. § 341. Based upon counsel’s argument at the hearing, the court is inclined to
grant counsel some relief, but in order for it to do so, counsel must first file a statement of the
services rendered in this incomplete case, together with a statement of the time involved.
cc:
Date signed March 09, 2007
Entered: March 12, 2007 Case 06-18557 Doc 26 Filed 03/12/07 Page 1 of 2

Joseph E. Ashley, Esq., 926 N. Houcksville Road, Hampstead, MD 21074
John M. Pohlhaus, 34 Hollyberry Court, Rockville, MD 20852
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
End of Opinion
Case 06-18557 Doc 26 Filed 03/12/07 Page 2 of 2