Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

In Re: James Albert DeMino, Sr., Chapter 13, Debtor.

MEMORANDUM OF DECISION

PAUL MANNES, Bankruptcy Judge

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.

Use AI to get other relevant cases.

Comments

IN RE DeMINO
(Aug 1, 2007)