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IN RE ELZIE

United States Bankruptcy Court, E.D. Michigan, Southern Division.
Dec 1, 2006
ORDER APPROVING ATTORNEY FEE APPLICATION

THOMAS TUCKER, Bankruptcy Judge

This Chapter 13 case was filed on September 28, 2004, and the Debtors' Chapter 13 Plan was confirmed on December 17, 2004. The case was later dismissed by an order filed April 5, 2006, upon an affidavit of default filed by the Chapter 13 Trustee, for Debtors' failure to make plan payments. On September 22, 2006, the Court entered an order reopening this case for the limited purpose of requiring Debtors' attorney, Robert Stein, to file a fee application for post-confirmation services provided to the Debtors in this case. This was prompted by Mr. Stein's indicating, at a hearing held on September 21, 2006 in a later case filed by the Debtors (No. 06-43924) that he had received $400.00 from the Debtors for post-confirmation services performed in this case.

Mr. Stein filed a fee application in this case on October 4, 2006 (Docket # 30), and the Court held a hearing on that application on November 9, 2006.

Upon consideration of the documents filed in this case, in Case No. 06-43924, and presented at the hearings held in Case No. 06-43924 on September 21, 2006 and November 9, 2006, the Court finds, concludes, and orders as follows:

First, the Debtors paid their attorney Robert Stein $200.00 on February 28, 2006 and $200.00 on March 22, 2006, each for post-confirmation services rendered by Mr. Stein in this case (04-67395). These payments are shown by receipts presented by Debtors to the Court at the September 21, 2006 show-cause hearing in Case No. 06-43924. The Court credits and accepts Mr. Stein's representation that these two payments were for post-confirmation services in this case (04-67395) rather than for services to be rendered in Case No. 06-43924. The Debtors' other payment to Mr. Stein, evidenced by a receipt dated March 29, 2006 for $700.00, covers the $689.00 in payments that the Debtors and Mr. Stein agreed were for attorney fees and the $189.00 filing fee in Case No. 06-43924. This agreement is evidenced by the Rule 2016(b) statement signed by each of the Debtors and by Mr. Stein for Case No. 06-43924. A copy of the original, signed Rule 2016 statement in that case was filed by Mr. Stein in Case No. 06-43924 on October 4, 2006, at Docket # 35. This original, signed version is consistent with the electronically-signed version that was filed in that case on April 17, 2006 (Docket # 20).

Attorney Stein's fee application for post-confirmation services in Case No. 04-67395 (this case), seeking fees in the amount of $480.00, should be and is approved, and any objections that Debtors may have expressed to this fee application in the November 9, 2006 hearing are overruled. These fees sought are reasonable and not excessive.

The purpose for which this case was reopened having been fulfilled, this case again will be closed.

IT IS SO ORDERED.