Tina Ann Smith

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
KIMBERLY MCKILLOP, 	Case No. 04-00153-8-JRL
ROLAND MOORING, RHONDA MOORING, 	Case No. 03-04580-8-JRL
FRANKIE MORRISON, 	Case No. 02-10839-8-JRL
CHERYL MOTT, 	Case No. 05-10599-8-JRL
BERNADETTE MURRILL, 	Case No. 04-00912-8-JRL
JOHN PETERSON, PEARL PETERSON, 	Case No. 04-02356-8-JRL
CLYDE RICH, WILMA RICH, 	Case No. 02-05649-8-JRL
RHONDA RICH, 	Case No. 05-00444-8-JRL
JAMES RYAN, SUSAN RYAN, 	Case No. 03-07780-8-JRL
ELMER SAWYER, JR., 	Case No. 05-01891-8-JRL
FAAFETAI SEIULI, MALELE SEIULI, 	Case No. 06-00046-8-JRL
TAMMY SMALLWOOD, 	Case No. 04-00857-8-JRL
TINA ANN SMITH, 	Case No. 04-00549-8-JRL
FAITH SOUZA, 	Case No. 04-06531-8-JRL
ARTHUR STEWART, LINDA STEWART, 	Case No. 03-09628-8-JRL
JAMES STRICKLAND, 	Case No. 04-05868-8-JRL
TERRY THACKER, ANNIE THACKER, 	Case No. 03-10902-8-JRL
DOLPHUS THOMPSON, SR., JACQUELINE 	Case No. 03-05592-8-JRL
THOMPSON,
KENNETH WALLER, DEBRA WALLER, 	Case No. 04-02051-8-JRL
FAYE WATKINS, 	Case No. 03-07062-8-JRL
FLEMING WIGGINS, LYDIA WIGGINS, 	Case No. 04-07669-8-JRL
Debtors. 	Chapter 13
______________________________________________________________________________
ORDER
This case is before the court on the applications for additional attorney’s fees filed by Peter
K. Gemborys. On June 13, 2007, the court conducted a hearing on these matters in Wilmington,
North Carolina.
SO ORDERED.
SIGNED this 19 day of June, 2007.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 1 of 8

In these cases, Mr. Gemborys is seeking non-base fees for services performed more than one
year after the bankruptcy filing or for the fourth service provided within the first year of a
bankruptcy case. The trustee objected to the fee applications, asserting that the length of time
between the services rendered and the filing of the fee applications places an unreasonable burden
on the debtors and the estates.
At the hearing, Mr. Gemborys testified that, as a result of his review of cases after his
suspension from practice before this court in November 2006, he discovered that his office staff had
not filed fee applications for services warranting non-base fees. Mr. Gemborys asserted that, until
he independently reviewed the cases, he was unaware that the fee applications had not been filed
for the services performed.
Mr. Gemborys noted that Local Rule 2016-1, addressing compensation of professionals, does
not set forth a filing deadline for non-base fee applications. Despite the absence of a finite deadline
in the local rule, equity imposes a duty to act in a reasonable manner. “[I]ndependently of any
limitation prescribed for the guidance of courts of law, equity may, in the exercise of its own
inherent powers, refuse relief where it is sought after undue and unexplained delay, and when
injustice would be done, in the particular case, by granting the relief asked.” Wolf v. Citizens Bank
& Trust Co. of Southern Pines, 92 F.2d 233, 236 (4th Cir. 1937). Some of the fee applications
involve services provided years ago in cases that are closing. The reason for the delay is simply
administrative oversight. The court has reviewed the non-base fee applications at issue. The court
finds that, for cases where services were provided before January 1, 2006, the delay is unreasonable
and unjustified requiring debtors who have anticipated the closing of their cases to extend the terms
of their plan to accommodate fees for services that were rendered years ago. For those cases where
services were provided January 1, 2006 or thereafter, the court will grant the non-base fee
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 2 of 8

applications.
Based on the foregoing, the court DENIES the following non-base fee applications:
Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
Kenneth Waller
Debra Waller
04-02051-8-JRL
3/12/04 	Representing
debtors on
motion to
modify plan
post-
confirmation
Motion filed
3/21/05. Order
approving
motion entered
4/15/05.
4/25/07 	$250
Tina Smith
04-00549-8-JRL
1/21/04 	Representing
debtor on
motion to
modify plan
post-
confirmation
Motion filed
3/31/05. Order
approving
motion entered
4/27/05.
4/25/07 	$250
Kimberly
McKillop
04-00153-8-JRL
1/7/04 	Representing
debtor on
trustee’s
motion to
dismiss
Trustee’s
motion filed
3/31/05.
Debtor’s
response filed
6/2/05. Consent
order entered
7/13/05.
4/25/07 	$200
Terry Thacker
Annie Thacker
03-10902-8-JRL
12/18/03 	Representing
debtors on
American
General
Finance’s
objection to
confirmation
Objection filed
6/11/04 and
heard 7/7/04.
Order denying
objection
entered
7/14/04.
4/26/07 	$350
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 3 of 8

Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
Arthur Stewart
Linda Stewart
03-09628-8-JRL
11/5/03 	Representing
debtors on
trustee’s
second motion
to dismiss
Trustee’s
motion filed
7/27/04.
Debtors’
response filed
8/6/04. Consent
order entered
10/14/04.
4/30/07 	$200
Clyde Rich
Wilma Rich
02-05649-8-JRL
7/8/02 	Representing
debtors on
Citicorp Trust
Bank’s motion
for relief from
stay
Citicorp Trust
Bank’s motion
filed 9/7/04.
Response filed
9/15/04.
Consent order
entered
10/25/04.
4/25/07 	$350
Clyde Rich
Wilma Rich
02-05649-8-JRL
7/8/02 	Representing
debtors on
trustee’s
second motion
to dismiss
Trustee’s
motion filed
7/16/03.
Debtors’
response filed
7/22/03.
Trustee’s
motion
withdrawn
9/25/03.
4/25/07 	$200
James Strickland
04-05868-8-JRL
7/28/04 	Representing
debtor on
trustee’s
second motion
to dismiss
Trustee’s
motion filed
7/19/05.
Debtor’s
response filed
7/27/05.
Hearing held
9/21/05. Order
denying motion
entered
9/28/05.
4/25/07 	$200
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 4 of 8

Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
James Strickland
04-05868-8-JRL
7/28/04 	Representing
debtor on
motion to set
aside order
lifting stay
Debtor’s
motion filed
10/27/05.
Consent order
entered
12/14/05
vacating
previous order.
4/25/07 	$250
Tammy
Smallwood
04-00857-8-JRL
2/4/04 	Representing
debtor on
Green Tree’s
motion for
relief from
stay
Green Tree’s
motion filed
3/23/05.
Debtor’s
response filed
3/28/05.
Consent order
entered
4/26/05.
4/25/07 	$350
James Ryan
Susan Ryan
03-07780-8-JRL
9/8/03 	Representing
debtors on
trustee’s
motion to
dismiss
Trustee’s
motion filed
12/1/04.
Debtors’
response filed
12/3/04.
Consent order
entered
1/31/05.
4/25/07 	$200
Faye Watkins
03-07062-8-JRL
8/12/03 	Representing
debtor on
trustee’s
motion to
dismiss
Trustee’ motion
filed 12/28/04.
Consent order
entered 3/2/05.
4/25/07 	$200
Dolphus
Thompson, Sr.,
Jacqueline
Thompson
03-05592-8-JRL
6/23/03 	Representing
debtor on
trustee’s
motion to
dismiss
Trustee’s
motion filed
10/28/05.
Consent order
entered
12/12/05.
4/25/07 	$200
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 5 of 8

Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
Roland Mooring,
Rhonda Mooring
03-04580-8-JRL
5/21/03 	Representing
debtor on
trustee’s
motion to
dismiss
Trustee’s
motion filed
10/27/04.
Debtors’
response filed
11/3/04.
Consent order
entered 1/5/05.
4/25/07 	$200
Frankie Morrison
02-10839-8-JRL
12/27/02 	Representing
debtor on Ford
Motor
Company’s
objection to
confirmation
Objection to
confirmation
filed 7/29/03.
Hearing held
9/11/03. Order
resolving
objection
entered
9/22/03.
4/30/07 	$350
Frankie Morrison
02-10839-8-JRL
12/27/02 	Representing
debtor on
trustee’s
second motion
to dismiss
Trustee’s
second motion
to dismiss filed
7/29/04.
Debtor’s
response filed
8/6/04. Motion
denied
11/20/04.
4/30/07 	$200
Bernadette Murrill
04-00912-8-JRL
2/4/04 	Representing
debtor on
motion to
modify plan
post-
confirmation
Debtor’s
motion filed
7/21/05. Order
granting motion
entered
8/17/05.
4/25/07 	$250
Fleming Wiggins,
Lydia Wiggins
04-07669-8-JRL
10/4/04 	Representing
debtors in lien
avoidance
action against
Modern
Finance (05-
0006-8-AP).
Action filed
1/7/05. Default
judgment
entered against
creditor on
2/16/05.
4/25/07 	$500
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 6 of 8

Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
John Peterson, Jr.
Pearl Peterson
04-02356-8-JRL
3/23/04 	Representing
debtors on
motion to
modify plan
post-
confirmation
Debtors’
motion filed
3/31/05. Order
granting motion
entered
4/27/05.
4/25/07 	$250
The court GRANTS the following non-base fee applications:
Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
Faafetai Seiuli
Malele Seiuli
06-00046-8-JRL
1/6/06 	Representing
debtors on
motion to
extend stay
Motion filed
1/23/06.
Hearing held
1/31/06. Order
approving
motion entered
3/7/06.
4/25/07 	$350
Rhonda Rich
05-00444-8-JRL
1/18/05 	Representing
debtors on
trustee’s
motion to
dismiss
Trustee’s
motion to
dismiss filed
9/1/06. Matter
removed from
calendar prior
to hearing.
Consent order
entered
11/6/06.
4/25/07 	$200
Faith Souza
04-06531-8-JRL
8/20/04 	Representing
debtor on
trustee’s
motion to
dismiss
Trustee’s
motion filed
1/30/06.
Hearing held
2/28/06. Order
denying motion
entered
3/17/06.
4/30/07 	$200
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 7 of 8

Case 	Petition
Filed
Service 	Date Service
Provided
Date
Application
Filed
Amount
Sought
Cheryl Mott
05-10599-8-JRL
12/6/05 	Representing
debtor on
motion to
extend stay
Debtor’s
motion filed
12/8/05.
Hearing held
1/3/06. Order
granting motion
entered
2/10/06.
4/26/07 	$350
Elmer Sawyer, Jr.
05-01891-8-JRL
3/9/05 	Representing
debtor on
motion to
modify plan
post-
confirmation
Debtor’s
motion filed
3/13/06. Order
granting motion
entered 4/7/06.
4/25/07 	$250
James Ryan
Susan Ryan
03-07780-8-JRL
9/8/03 	Representing
debtors on
trustee’s
second motion
to dismiss
Trustee’s
motion filed
8/4/06.
Debtors’
response filed
8/22/06.
Motion
withdrawn
11/29/06.
4/25/07 	$200
Fleming Wiggins,
Lydia Wiggins
04-07669-8-JRL
10/4/04 	Representing
debtors in lien
avoidance
action against
Old Canal
Financial
Corp. (05-
00082-8-AP)
Action filed
4/25/05
originally
against Master
Financial,
which was later
dismissed and
served against
Canal Financial
Corp. Consent
order entered
6/9/06 stripping
Canal Financial
Corp.’s lien.
4/25/07 	$1,000
END OF DOCUMENT
Case 04-00549-8-JRL Doc 42 Filed 06/19/07 Entered 06/19/07 12:59:58 Page 8 of 8