Moira Kathaleen Anderson

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: :
:
MOIRA KATHALEEN ANDERSON : Case No. 05-32633PM
: Chapter 13
Debtor :
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MEMORANDUM OF DECISION
This case came before the court upon the response of David A. Rosenberg on behalf of
the law firm of Grossbart, Portney & Rosenberg, P.A., to the Suggestion of Excessive Fees filed
by the Chapter 13 Trustee, Timothy P. Branigan. The Trustee notes that because this Plan
provides funding of $65.00 a month over 60 months, a total of $3,900.00, after payment of
counsel and the statutory commission to the Trustee there is a fractional distribution of
approximately $2,200.00 among unsecured creditors without priority holding claims aggregating
over $17,000.00. Thus, principal beneficiary of this bankruptcy filing is counsel.
Counsel’s response, that brought this matter before the court, urges that the Trustee’s
Suggestion is not timely and is barred on the principle of res judicata. As a principle of
bankruptcy law, this is correct. However, it is in direct conflict with the practice in this division
whereby as an accommodation to debtors and their counsel confirmation is allowed to proceed,
often without the appearance of counsel and their client. The court has not had the experience of
any other member of the Bar taking this issue in view of the accommodation described.
Therefore, the court will take no action with respect to the Trustee’s Suggestion other
than to suggest to the Chapter 13 Trustees in this division that in Chapter 13 cases where the law
firm of Grossbart, Portney & Rosenberg, P.A., proposes plans with the balance of their claimed
Date signed March 21, 2006
Entered: March 23, 2006 Case 05-32633 Doc 23 Filed 03/23/06 Page 1 of 2

fee to be paid under the plan, that hearings be held before the court in all such cases in order that
the issue of compensation of counsel may be determined in connection with confirmation.
cc:
Moira K. Anderson, 1818 Ponds Wood Road, Huntingtown, MD 20639
David A. Rosenberg, Esq., One North Charles Street, Suite 1214, Baltimore, MD 21201
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
Nancy S. Grigsby, Trustee, P.O. Box 958, Bowie, MD 20718
End of Memorandum
Case 05-32633 Doc 23 Filed 03/23/06 Page 2 of 2