James Albert DeMino

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	Case No. 06-17116PM
James Albert DeMino, Sr., 	Chapter 13
Debtor.
MEMORANDUM OF DECISION
This came before the court on the debtor's counsel's motion to vacate this court's order entered
May 24, 2007, limiting counsel's total fees to $3,500.00, with $755.00 payable by the Chapter 13
Trustee to counsel from the estate as of confirmation of debtor’s plan with the balance to be paid at the
rate of $100.00 per month. The matter came on for hearing before this court on July 31, 2007.
The debtor's plan provides for the payment of $6,800.00 over five years. As drafted by counsel,
the first $2,995.00 paid under the plan, minus the Chapter 13 Trustee's commission, was to be paid to
counsel. Following this payment, the arrearage on the automobile loan, said to be the cornerstone of
the debtor's plan, would be paid. The court was uncertain as to the breadth of the exclusion of services
covered; although, that matter was clarified at the time of the hearing.
Since counsel has undertaken to represent the debtor, particularly at the time when the Chapter
13 Trustee will move for modification of the plan upon repayment of the loan owed to Capitol One
Auto Finance, the court will reconsider its earlier order entered July 24, 2007, and vacate same.
An appropriate order will be entered.
cc: 	James Albert DeMino, Sr.
5610 Osage Street
College Park, MD 20740
Date signed August 01, 2007
Entered: August 02, 2007 Case 06-17116 Doc 27 Filed 08/02/07 Page 1 of 2

Edward V. Hanlon
5510 Cherrywood Ln. Ste. G
Greenbelt, MD 20770
Timothy P. Branigan
P.O. Box 1902
Laurel, MD 20725-1902
End of Memorandum of Decision
Case 06-17116 Doc 27 Filed 08/02/07 Page 2 of 2