Matthew Williams

0:07-bk-16812MdbMar 18, 2008

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 07-16812PM
Chapter 13
Matthew Williams,
Debtor.
Matthew Williams,
Movant,
v.
Collington Station Homeowners Association,
Inc.,
Respondent.
MEMORANDUM OF DECISION
Before the court is one of the most troubling cases that it has ever encountered. The
matter for decision is the Debtor’s Objection to the Proof of Claim in the amount of $8,739.53
filed by Collington Station Homeowners Association, Inc. (“Collington”). The court’s
frustration may be apparent from two memoranda to the parties filed in this case. (Doc. #43 and
#54). The case presents a conflict between a debtor who appears to harbor some deeply felt
conviction that he does not have the responsibility to share in the costs of running the
homeowners association for his property and a law firm representing that association that runs a
cottage industry fueled by charging high fees for repetitive administrative activities requiring
Date signed March 17, 2008
Entered: March 18, 2008 Case 07-16812 Doc 65 Filed 03/18/08 Page 1 of 4
1An example might be the charge for preparing Doc. #12, a request for electronic notice
filed August 8, 2007. This is one item where the court has absolute insight to the amount of
work required for the task. Counsel’s role probably was accomplished by a remark to a paralegal
to prepare the boiler-plate pleading. There was a charge for this by Collington’s counsel of
$75.00. This system of flat fee billing seems to have the approval of the Collington residents
engaged in managing the association.
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little, if any, legal talent. 1 The court adopts by reference the statement of the case contained in
the Memorandum filed January 16, 2008.
An aggravating factor pertaining to this matter is that even if the Debtor is successful in
obtaining confirmation of his Chapter 13 Plan and makes all payments required thereunder it is
obvious that World War IV will erupt between the parties on account of fees charged during the
pendency of this case. Because these fees arise after the filing of the case, their imposition does
not offend 11 U.S.C. § 362(a). If the court had the power, it would tell these parties to sit down,
reach a conclusion as to the amount due in missed payments or miscellaneous charges that
accrued post-petition and agree as to the timing of the payment of these items. Then Debtor
would make a solemn oath that he would never, never miss or be late on another payment due
Collington. This scenario is unlikely, and the court is convinced that these parties will never
resolve their differences. Some court somewhere will be left to sort out the relationship of these
two parties so long as Debtor lives in Collington.
Having carefully studied the record, the court finds that the most recent submission by
Collington satisfies, for the most part, this court’s questions contained on page 3 of the
Memorandum filed January 16, 2008. However, the court still must resolve the claims for
compensation filed by the counsel for their services rendered Collington for the period after the
date of the last District Court judgment through the filing of this bankruptcy case on July 24,
2007. For the reasons stated in the last paragraph, the court invites the parties at some point
before conclusion of this case to bring the matter of post-filing fees to the court for resolution.
With respect to those fees charged after July 	24, 2006, through the date of the
bankruptcy filing, the court notes the following charges:
Date 	Description 	Fee
7/31/2006 	Attorneys' Fee - Request Notice of Lien 	$35.00
8/4/2006 	Attorneys' Fee - Letter Review 	$25.00
Case 07-16812 Doc 65 Filed 03/18/08 Page 2 of 4
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8/10/2006 	Attorneys' Fee - Garnishment 	$225.00
9/16/2006 	Attorneys' Fee - Garnishment 2005 	$40.00
12/14/2006 	Attorneys' Fee - Garnishment Report Set Up 	$65.00
1/15/2007 	Attorneys' Fee - Garnishment Report 	$35.00
2/2/2007 	Attorneys' Fee - NOI Letter 	$250.00
4/16/2007 	Attorneys' Fee - Lien Review 	$150.00
7/1/2007 	Attorneys' Fee - Foreclosure Letter 	$45.00
7/24/2007 	Attorneys' Fee - Final Warning Letter 	$175.00
Total 	$1,045.00
Date 	Description 	Costs
8/4/2006 	Collection Costs - Credit Report 	$20.00
9/1/2006 	Collection Costs - Garnishment 2005 	$110.00
1/22/2007 	Collection Costs - Fax 	$2.25
1/23/2007 	Collection Costs - Title Search 	$40.00
2/2/2007 	Collection Costs - Property Posting 	$50.00
2/6/2007 	Collection Costs - Fax 	$0.75
2/13/2007 	Collection Costs - Fax 	$1.50
4/16/2007 	Collection Costs - Lien 	$130.00
4/16/2007 	Collection Costs - HOA Tax 	$6.60
4/16/2007 	Collection Costs - Copies 	$13.00
7/24/2007 	Collection Costs Adjustment - Garnishment 	$40.00
Total 	$414.10
These fees and costs will be allowed only after application therefor and approval thereof.
An appropriate order will be entered.
cc: 	Laura J. Margulies, Esquire
6205 Executive Blvd.
Rockville, Maryland 20852
Matthew Williams
14906 Jensford Court
Bowie, Maryland 20721
Case 07-16812 Doc 65 Filed 03/18/08 Page 3 of 4
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Nancy L. Spencer-Grigsby
Chapter 13 Trustee
P.O. Box 958
Bowie, Maryland 20718
Elmore & Throop, P.C.
Ellen W. Throop
P.O. Box 1473
5 Riggs Avenue
Severna Park, Maryland 21146
End of Memorandum
Case 07-16812 Doc 65 Filed 03/18/08 Page 4 of 4

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