Enrique R. Santos and Adoracion M. Quicho

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1 The following discussion constitutes the court's findings
of fact and conclusions of law. 	Fed. R. Bankr. P. 7052(a).
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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	) Bankruptcy Case
) No. 04-33366SFC
ENRIQUE R. SANTOS 	)
ADORACION M. QUICHO 	)
)
Debtor. 	) Chapter 13
___________________________________)
MEMORANDUM DECISION ON CHAPTER 13
APPLICATION FOR COMPENSATION
I. 	INTRODUCTION
In this Chapter 13 case Patrick J. McNamara, Esq.
(“McNamara”) has filed a Chapter 13 Application For Compensation
By Patrick J. McNamara (the “Application”). 	The matter came
before the undersigned on June 14, 2006. 	For the reasons that
follow, the Application will be denied in part and granted in
part.
II. 	FACTS 1
Enrique R. Santos and Adoracion M. Quicho (“Debtors”) filed a
Chapter 7 bankruptcy petition on December 4, 2004. 	On March 20,
2005, they converted their Chapter 7 case to Chapter 13. 	On April
16, 2005, Debtors and McNamara entered into a Fee Agreement to
provide for McNamara’s fees for representation of Debtors in their
Signed and Filed: July 05, 2006
________________________________________
DENNIS MONTALI
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
July 06, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 04-33366 Doc# 58 Filed: 07/05/06 Entered: 07/06/06 12:20:13 Page 1 of 4

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Chapter 13 case. 	Pursuant to the Fee Agreement, McNamara and
Debtors agreed that “time, effort & costs shall commence the day
after ... [the] Ch 7 meeting of creditors date.” 	The Chapter 7
meeting of creditors was held on February 24, 2005.
On May 3, 2006, McNamara filed the Application, seeking
compensation of $9,003.80 for services rendered and $308.63 in
costs. 	Debtors previously paid McNamara a $500 retainer and
advanced him $219 in costs. 	Between the petition date and the
date of conversion, McNamara charged Debtors $3,164.20, based upon
12.17 hours at $260 per hour. 	Of this amount, $1,887.20 is for
work performed prior to the February 24, 2005, meeting of
creditors.
III. 	DISCUSSION
Because by the terms of the Fee Agreement work performed
prior to the date following the meeting of creditors is not
compensable. 	Accordingly, $1,887.20 requested in the Application
must be denied.
Of the 5.6 hours charged by McNamara after the meeting of
creditors and before conversion to Chapter 13, the court has
reviewed the time entries and concludes that only those made on
March 7, 2005, and March 17, through March 28, 2005, relate to
Debtors’ anticipated Chapter 13 case. 	Those time entries total
1.4 hours, for a request of $364. 	The balance of 4.2 hours, for a
request of $1,092, pertain to Debtors’ Chapter 7 case and are not
compensable as expenses relating to Debtors’ Chapter 13 case.
Bankruptcy Code § 348(d) (11 U.S.C. § 348(d)) indicates that a
claim against a debtor arising after an order for relief but
before conversion, other than a claim specified in § 503(b), shall
Case: 04-33366 Doc# 58 Filed: 07/05/06 Entered: 07/06/06 12:20:13 Page 2 of 4

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be treated for all purposes as if such claim had arisen
immediately before the date of the filing of the petition. 	Since
the 4.2 hours mentioned above do not pertain to the Chapter 13
case, they are not compensable under § 503(b) of the Bankruptcy
Code. 	Thus McNamara’s request for $1,097 in the Application is
entitled to be allowed only as a general prepetition unsecured
claim.
The balance of the post-conversion services rendered by
McNamara appear proper under the circumstances and will be allowed
as filed. 	Those services total $5,671.40. 	To that amount the
court adds $364 as pre-conversion, Chapter 13 related charges.
All of McNamara’s costs may be allowed as filed.
IV. 	DISPOSITION
McNamara should submit two orders, one allowing him a general
unsecured claim in the amount of $1,092 consistent with this
Memorandum Decision and the other allowing him Chapter 13 fees of
$6,035.40, and all of his costs, consistent with this Memorandum
Decision, less credits for payments already received from Debtors.
**END OF MEMORANDUM DECISION**
Case: 04-33366 Doc# 58 Filed: 07/05/06 Entered: 07/06/06 12:20:13 Page 3 of 4

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COURT SERVICE LIST
Patrick J. McNamara, Esq.
769 Monterey Blvd., Ste. 5
San Francisco, CA 94127
Enrique R. Santos
Adoracion M. Quicho
2 Rio Verde St.
San Francisco, CA 94134
Case: 04-33366 Doc# 58 Filed: 07/05/06 Entered: 07/06/06 12:20:13 Page 4 of 4