FINDING OF FACT AND CONCLUSIONS OF LAW RE: APPLICATION TO EMPLOY SHERYL S. PHILLABAUM AS LAWYER FOR CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF CLEDA T. LAING, DECEASED
PATRICIA WILLIAMS, Chief Judge
THIS MATTER having come before the Court on the Application to employ Sheryl S. Phillabaum ("Proposed Appointee"), Docket # 71, as lawyer for the co-personal representatives of the estate of Cleda T. Laing, deceased, the Chapter 13 Trustee having objected to that Application, the Court makes the following FINDING OF FACT:
The services proposed to be rendered by Proposed Appointee and any other professional assisting in the probate of the debtor's estate relate only to a state court proceeding independent of the above-entitled bankruptcy case.
Based upon the foregoing Finding of Fact, the Court makes the following CONCLUSIONS OF LAW:
1. Any approval needed by Proposed Appointee and any other professional assisting in the probate of the debtor's estate should be sought from the appropriate state court.
2. Any compensation sought by Proposed Appointee and any other professional assisting in the probate of the debtor's estate in connection with such services should be approved by the appropriate state court and paid solely out of the assets of the probate estate.
3. The Application should be denied.