IN RE KONSTANTOPOULOS

FRANK ALLEY III, Bankruptcy Judge

Dear Counsel:

This case was initiated under Chapter 13 of the Code, converted to Chapter 7, and then converted back to Chapter 13.

At issue is the fee claimed by the Chapter 7 Trustee for his work in the interim between the two Chapter 13 proceedings. He has submitted time records showing 10.60 hours of work performed by the Trustee himself, or his administrative assistant. It appears that the Trustee's time is billed out at $250 per hour, while the assistant is charged at $13.50 per hour. I have reviewed the statement, and find that neither charge is unreasonable, and that the time was reasonably expended. It follows that the total charge of $1,661 is reasonable, if not subject to appropriate adjustment.

The Debtor complains that the Trustee's handling of a proposed sale of real property was improper, and damaged the estate because a lower sale price was later received.

Trustees are not required to perform flawlessly. The record suggests that the Trustee, who was appointed while the transaction was being negotiated, was not prepared to proceed blindly based on the representations of the parties and their realtor. See the Trustee's letter of February 14, 2008, admitted as Exhibit 1. It may be that, using hindsight, the estate would have been better off had the Trustee taken the deal immediately. However, I am not prepared to find that he acted negligently.

A Chapter 7 trustee is entitled to be paid for his reasonable services in cases that subsequently convert to Chapter 13. The amount charged by the Trustee in this case is reasonable, and should be allowed.

An order consistent with the foregoing has been entered.

The Court extends its apologies to the parties for the time taken to resolve this matter. Debtor's Exhibit 1 In RE: Pamela Konstantopoulos Chronology of Events Relating to Bankruptcy and Failed House Sale Addendum A To whom it may concern;

Lyssa Patterson of REMAX has provided me with a couple of additional documents that can be added to the Chronology that I prepared and submitted on August 22, 2008. You will find a copy of the following documents attached:

February 14, 2008: A fax confirmation from Lyssa Patterson showing she faxed the signed sales offer to Michael Grassmueck with the intention that he take over the sale of the house as discussed with the court on previous occasions to pay off the creditors in full. Both real estate agents had by this time indicated that they would waive their fees to assist. (Addendum A, Attachment 1)

February 14, 2008: A letter from Michael Grassmueck's office to Lyssa Patterson regarding the sales offer. (Addendum A, Attachment 2)

I certify that these are true and correct copies of the documents provided to me by Lyssa Patterson.

If you have any questions on this, give me a call.

Pamela Konstantopoulos

Prepared at the request of Attorney Steve Tweet Copies provided to: Attorney Gordon Dick Attorney Steve Tweet

Exhibit

MICHAEL A. GRASSMUECK, INC. Trustee, Receiver, Consulting and Fiduciary Insolvency Services

February 14, 2008

Lyssa Patterson, REMAX, 1860 Hawthorne Ave. NE Salem OR 97301lyssapatterson@gmail.com Re: Pamela Darlene Konstantopoulos, Bankruptcy Case No. 07-62627 Prospective Sale of Real Property located at 5390 Rising Iris Lane SE, Salem, OR 97317 Dear Ms. Patterson:

Ms. Konstantopoulos filed bankruptcy on September 19, 2007. Mr. Grassmueck, the Trustee of the above-referenced bankrupt estate, wishes to provide you with information relevant to your association with the debtor, Ms. Konstantopoulos. Any executory contracts the debtor may have entered into prior to the bankruptcy filing are null and void and can only be assumed or rejected by the Trustee. This would include any executory contracts entered into after the filing, which involved estate assets that the Trustee may choose to take an interest. This would include property listing agreements and any other contracts involved in the sale of the above-referenced property.

At this time, the Trustee feels that there are other issues involved that require resolution before a decision can be made as to the value of the above-referenced property to the estate.

If you have any questions, please do not hesitate to contact us.

Sincerely,

Michael A. Grassmueck, Inc. /s/ Laura Liverman Case Administrator/Paralegal