Felicia R. Moore

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
FELICIA R. MOORE : Case No. 04-32474PM
: Chapter 13
Debtor :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :
MEMORANDUM OF DECISION
This case comes before the court on the Application of Cheryl E. Rose, former Chapter 7
Trustee, for allowance of administrative fees and expenses for professional services rendered and
reimbursement of out-of-pocket expenses while this case was under Chapter 7. Some idea of the
magnitude of the services rendered by the Chapter 7 Trustee can be found in her copying expense
of $185.25, indicating that even in this day of electronic filing, more than 900 photocopies were
produced in the period between the meeting of creditors on December 7, 2004, and the Order
converting the case to a case under Chapter 13 entered December 29, 2004.
The Application bears the approval of the office of the United States Trustee in that that
office has the statutory duty under 28 U.S.C. § 586(a)(3) for reviewing applications for
compensation such as this. The court notes that the Trustee bills the same rates for her services
as Trustee that she does as an attorney, that is, $295.00 an hour. The court notes also that the
Trustee seeks compensation as well for the work in preparing for and conducting the meeting of
creditors held pursuant to § 341 of the Bankruptcy Code. The court is unwilling to compensate
the Trustee for the legal research done by her in preparing the opposition to the Motion to
Convert. It is generally held that prior to granting of a Chapter 7 discharge, a debtor has an
absolute right to convert a case under Chapter 7 to a case under Chapter 13. Clearstory and
Date signed February 28, 2005
Entered: March 01, 2005 Case 04-32474 Doc 50 Filed 03/01/05 Page 1 of 2

Company v. Blevins, 225 B.R. 591 (D. Md. 1998); cf. In re Finney, 992 F.2d 43 (CA4 1993).
The court remains mystified as to the massive charges for postage and copying, but is
reassured in this instance by the non-action of the office of the United State Trustee that those
expenses were incurred. An appropriate order will be entered.
cc:
Cheryl E. Rose, C/7 Trustee, 50 W. Edmonston Drive, Suite 600, Rockville, MD 20852
Gary F. Weltmann, Esq., 8401 Corporate Drive, Suite 420, Landover, MD 20785
Felicia R. Moore, 3715 Halloway North, Upper Marlboro, MD 20772
Nancy S. Grigsby, Trustee, P.O. Box 958, Bowie, MD 20718
End of Memorandum
Case 04-32474 Doc 50 Filed 03/01/05 Page 2 of 2