Clement C. Carinalli and Ann Marie Carinalli

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
CLEMENT and ANN MARIE CARINALLI, 	No. 09-12986
Debtor(s).
______________________________________/
Memorandum re Fee Application
_________________
The interim fee application of Meyers Law Group, PC, contains a request for $55,970.00
related to obtaining approval of the employment of professionals as required by § 327(a) of the
Bankruptcy Code. This is fully nine percent of the total fee request. Even given the number of
professionals necessary in this case, this is an extraordinary request for routine, uncontested matters
which the applicant has not justified to the court’s satisfaction. Moreover, until the court instructed
counsel to stop, several of the applications were noticed and set on the calendar even though Rule
2014(a) of the Federal Rules of Bankruptcy Procedure specifies an ex parte procedure with service
only on the U.S. Trustee. Treating an ex parte matter as a contested matter appears to have
significantly increased the expense to the estate.
For the foregoing reasons, the court will allow $40,000.00 for services related to employment
of professionals. The balance of $15,970.00 will be disallowed.
Dated: May 3, 2010
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
May 03, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-12986 Doc# 321 Filed: 05/03/10 Entered: 05/03/10 15:23:40 Page 1 of
1