Bernard H. Denis

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
BERNARD H. DENIS, III,
Debtor.
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Case No. 06-00357
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter.
MEMORANDUM DECISION RE AMENDED FEE APPLICATION
The debtor’s attorney has filed an Amended Application for
Allowance of Attorney’s Fees (Docket Entry (“DE”) No. 64) seeking
an award of $3,224.00 in unpaid fees to be paid by the chapter 13
trustee under the plan as an administrative expense. 	The
debtor’s attorney needs to supplement the application pursuant to
Rule 2016(a) of the Federal Rules of Bankruptcy Procedure for the
following reasons.
First, the application and the accompanying proposed order
fail to acknowledge the prior award of $2,244.00 in fees pursuant
to an order (DE No. 61) granting an earlier fee application (DE
No. 18).
Second, the application needs to be supplemented to explain
what were the additional services in the case that justified
The decision below is signed as a decision of
the court.
Signed: June 12, 2007.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 	The statement fails to indicate what the attorney’s
hourly fee rate would be for representation of the debtor in such
contested matters, and presumably it is the attorney’s customary
hourly rate. 	A Rule 2016(b) statement should recite when the
attorney’s customary hourly rate is being charged and indicate
what the attorney’s current customary hourly rate is. 	Rule
1.5(b) of the District of Columbia Rules of Professional Conduct
requires a written disclosure to the client of “the basis or rate
of the fee, the scope of the lawyer’s representation, and the
expenses for which the client will be responsible . . . .”
Attaching the Rule 1.5(b) written disclosure would presumably
disclose all details of the terms of compensation to which the
debtor agreed. 	Surprisingly few attorneys, however, attach the
retainer agreement to their Rule 2016(b) statements.
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charging more than the base fee of $3,500.00. 	The attorney filed
a statement disclosing compensation pursuant to Rule 2016(b) of
the Federal Rules of Bankruptcy Procedure reciting that he agreed
to accept $3,500.00 as the base fee in the case, for which the
debtor was entitled to, among other things, representation at the
meeting of creditors and the confirmation hearing in the case.
The statement can be read as indicating that any other contested
matters are not covered by the base fee of $3,500. 1
The fee application recites only that additional services
have been incurred totaling $1,000.00. 	It fails to indicate what
those additional services were, the amount of time spent in
performing those services by date, and the hourly rate charged
for those services. 	Although this court permits debtors’
attorneys in chapter 13 cases to charge a reasonable flat fee for
the basic work performed in a chapter 13 case, such attorneys are
required under Rule 2016(a) to supply detail regarding services
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3	O:\Judge Temp Docs\Denis ((Bernard H) Decsn re Amended Fee Applicn.wpd
performed beyond those covered by the flat fee.
An order follows.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee.
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