Jennifer A Pickens

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 06-17385
Chapter 13
JENNIFER A. PICKENS aka J.A. PICKENS
aka JENNIE PICKENS,
Debtor.
MEMORANDUM OF DECISION
This case came before the court on November 6, 2007, on the Motion filed by the attorney's
for the Debtor for reconsideration of this court's order sustaining the Chapter 13 Trustee's Limited
Objection to Attorney's Fees, in part. For the reasons set forth herein, the court will modify its
previous order.
This bankruptcy case under Chapter 13 was filed on November 17, 2006. The disclosure of
compensation filed pursuant to Federal Rule of Bankruptcy Procedure 2016(b) by the Debtor's
counsel reflected an agreed fee of $3,500.00, $1,200.00 of which was paid by the Debtor prior to
the filing of the case with the balance of the agreed fee of $2,300.00 paid by the Chapter 13 Trustee
from plan payments unless a different amount was allowed as a result of an objection to the
allowance of compensation. As filed, the plan provided for the payment of $220.00 a month for 60
months. Thereafter, the plan was amended to increase payments to $375.00 a month after the first
three months. That plan as amended was confirmed by order of court entered June 20, 2007. On
August 13, 2007, the Chapter 13 Trustee filed a Limited Objection to the allowance of counsel's
fees requesting that the fees be allowed only to the extent and terms approved by the court. The
Debtor's counsel filed a Motion to Strike the Chapter 13 Trustee's Objection. The court considers
the Motion to Strike as an opposition to the Chapter 13 Trustee's Objection.
On August 17, 2007, the court entered an Order allowing the fees sought with $2,000.00
Date signed November 17, 2007
Entered: November 19, 2007 Case 06-17385 Doc 55 Filed 11/19/07 Page 1 of 2

paid as of confirmation and the balance to be paid at the rate of $100.00 per month thereafter. This
Motion to Reconsider that Order was timely filed and the court heard argument thereon.
Following the argument, the Debtor's counsel filed an Amended Disclosure of
Compensation of Attorney for Debtor on November 9, 2007, reducing the amount sought. Counsel
"sweetened" the terms of the representation of the Debtor by reducing the fee from $3,500.00 to
$3,000.00 and undertaking to represent the Debtor throughout the bankruptcy proceeding for all
matters related to the Chapter 13 bankruptcy case aside from adversary proceedings, United States
Trustee audits and appeals. The terms of the modified agreement fall squarely within the
presumptive fees to be routinely allowed as set for in Appendix F of the Local Rules of the United
States Bankruptcy Court for the District of Maryland. This treatment of the attorney's fees is in
accord with 11 U.S.C. § 1322(a)(2) in that it provides for full payment, in deferred cash payments,
of all claims entitled to priority under 11 U.S.C. § 507.
The court will enter an amended order.
cc: 	Jennifer A Pickens aka JA Pickens aka Jennie Pickens
33 Orchard Towne Court
Apt 303
Laurel, MD 20707
R. Manny Montero
Scott R. Robinson
Montero Law Group, LLC
1110 Bonifant Street
Suite 510
Silver Spring, MD 20910
Timothy P. Branigan
P.O. Box 1902
Laurel, MD 20725-1902
End of Memorandum of Decision
Case 06-17385 Doc 55 Filed 11/19/07 Page 2 of 2