Citation Codes Equivalent Citations citation codes Docket Number 25-00498 See more information ... Smart Summary Please sign up to generate summary. JUDGMENT ORIGINAL PDF To access the original judgment, please Sign In or Subscribe. Lincoln Hiapo Tejada 1 UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII In re: LINCOLN HIAPO TEJADA, Debtor. Case No.: 25-00498 Chapter 13 Related: ECF 51 MEMORANDUM OF DECISION ON APPLICATION FOR COMPENSATION I. Background The chapter 13 debtor and his attorneys entered into the court's standard Chapter 13 Rights, Responsibilities and Fee Agreement.1The attorneys agreed to perform specified services in return for a "presumptive 1 ECF 8. Date Signed: March 25, 2026 2 fee" of $5,650. The services covered by the presumptive fee include "necessary motions to buy, sell, or refinance real property" filed before the one-year anniversary of plan confirmation.2 The court confirmed the plan on October 3, 2025. The debtor filed two motions to approve sales of separate real properties before the one-year anniversary of plan confirmation.3The court granted both motions,4and both sales closed.5 The debtor's attorney filed an application seeking compensation of $7,800.67.6The trustee objected on the ground that the amount of compensation exceeded the presumptive fee that the attorney had agreed to accept.7 At the February 3, 2026, hearing on the application, the debtor's attorney argued that the presumptive fee covered only one motion to approve a sale and that the attorney is entitled to additional fees for filing 2 ECF 8 at 4, 6. 3 ECF 27, 40. 4 ECF 38, 4 8. 5 ECF 5 4, 5 5 . 6 ECF 51. 7 ECF 53. 3 more than one such motion. He offered to file an amended application "removing time entries for the sale of the first property in light of the original election of the [presumptive] fee." The court allowed counsel to file the amended application and observed that the court "[hadn't] thought of the situation where a plan contemplated one sale and then a second one is done later. So I want to take a look at that."8The court set the matter for a continued hearing on March 24, 2026. The debtor's attorney did not file an amended application. Instead, counsel orally offered to reduce the request by a modest amount to reflect the time spent on the first sale motion. The court took the matter under advisement. II. Discussion The presumptive fee covers "necessary motions" to sell property in the first year after plan confirmation. The use of the plural makes clear that the presumptive fee covers more than one such motion. 8 At the second hearing on the application, the trustee's counsel said that, at the first hearing, the court agreed that the presumptive fee does not include two or more motions to approve sale. Counsel's recollection is incorrect. 4 Counsel correctly pointed out that the plan contemplated the sale of only one property. But the presumptive fee is not limited to sales that the plan contemplates. Any motions to approve sale filed in the first year are covered. III. Conclusion Therefore, the application is DENIED. Counsel is not entitled to compensation for filing the motions to approve sale in addition to the amount that the court has already approved.9 END OF ORDER 9 ECF 26.