The Ski Market Ltd., Inc.

UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
EASTERN DIVISION
_____________________________________
)
In re: 	)
) 	Chapter 11
SKI MARKET, INC., 	)
) 	Case No. 09-22502-HJB
Debtor 	)
_____________________________________ )
ORDER
Upon the “Motion [of Mirick, O'Connell, DeMallie & Lougee, LLP] to pay Chapter 7
Counsel Fee,” and after further review of the decisions of Morse v. Ropes & Gray, LLP (In
re CK Liquidation Corp.), 343 B.R. 376 (D. Mass. 2006), issued by the United States
District Court for the District of Massachusetts (Gorton, J.), and Lassman v. Schultz (In re
Anctil Plumbing & Mech. Contractors, Inc.), 394 B.R. 1, 7 (Bankr. D. Mass. 2008) (Hillman,
J.) and further reflection, the Court: (1) will follow the said district court and bankruptcy
court decisions insofar as this Court concludes that under Lamie v. U.S. Trustee, 540 U.S.
526 (2004), counsel for a Chapter 11 debtor may not be compensated for services
rendered to the debtor after conversion to Chapter 7 from a flat fee retainer created after
the commencement of the bankruptcy case; and (2) finds and rules that the distinctions
raised by the movant in this case are unavailing. 1 Accordingly, the motion is, regrettably,
DENIED.
DATED: August 25, 2010 	____________________________
Henry J. Boroff
United States Bankruptcy Judge
1 The movant argued that funds remaining on account of his prepetition retainer, if not segregated and
paid for Chapter 7 counsel fees, would have been otherwise consumed by other administrative expenses.
Although that argument is not frivolous in the larger context of the case, case law has limited the question
before this Court only to whether or not the funds in question are property of the estate. Regardless of how
the funds are consumed, the funds which the movant holds are indeed property of the estate.
Case 09-22502 Doc 277 Filed 08/25/10 Entered 08/25/10 14:54:07 Desc Main
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