Stanton H. Pearson

UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
In re 	: 	Chapter 13
STANTON H. PEARSON 	: 	CASE NO. 05-50095-JBR
DEBTOR 	:
ORDER ON APPLICATION FOR ALLOWANCE OF COMPENSATION [#122]
This matter came before the Court for hearing on the Application for Allowance of
Compensation Pursuant to 11 U.S.C. §§ 330 and 331 and Rule 2016 of the Rules of
Bankruptcy Procedure and MLBR 2016-1 [# 122], the Debtor’s Objection thereto [#130],
and the Applicant’s Response [#132] and Amended response [#133]. In his Application
Debtor’s counsel sought $19,107.75 in fees and $483.43 in expenses. Debtor’s
counsel, however, has agreed to waive any fees and expenses in excess of the
amounts paid as a retainer ($1,694) plus the balance held by the Chapter 13 Trustee for
return to the debtor ($2,162). The Debtor agreed to this arrangement. The Court is
satisfied that reasonable compensation to Debtor’s counsel exceeds the retainer
received plus the amount held by the Chapter 13 Trustee, even considering the
objections raised by the debtor. The Court need not expend time and energy to
determine the exact amount the Court would allow for Debtor’s counsel’s services as
the agreement between the parties caps the payment at such a low threshold.
The claims asserted by the Debtor against his counsel are preserved to the
Debtor under Iannochino v. Rodolakis (In re Iannochino), 242 F.3d 46 (1st cir. 2001), as
this Court abstains from hearing the merits of the Debtor’s complaints against his
Case 05-50095 Doc 134 Filed 12/06/06 Entered 12/06/06 16:04:03 Desc Main
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counsel as the Debtor’s bankruptcy has been dismissed and such claims are not
property of the estate. Counsel’s defenses to such claims are also preserved.
The Debtor’s “Motion for Independent Attorney review” contained within his
Objection is hereby DENIED as this Court has abstained from hearing the merits of the
Debtor’s complaints.
Dated: December 6, 2006 	_ 	___________________
_ 	_____
Joel B. Rosenthal
United States Bankruptcy Judge
Case 05-50095 Doc 134 Filed 12/06/06 Entered 12/06/06 16:04:03 Desc Main
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