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In re Carinalli

United States Bankruptcy Court, Ninth Circuit
May 3, 2010
09-12986 (B.A.P. 9th Cir. May. 3, 2010)

Opinion


In re CLEMENT and ANN MARIE CARINALLI, Debtor(s). No. 09-12986. United States Bankruptcy Court, N.D. California. May 3, 2010.

          MEMORANDUM RE FEE APPLICATION

          ALAN JAROSLOVSKY, Bankruptcy Judge

         The interim fee application of Meyers Law Group, PC, contains a request for $55, 970.00 related to obtaining approval of the employment of professionals as required by § 327(a) of the Bankruptcy Code. This is fully nine percent of the total fee request. Even given the number of professionals necessary in this case, this is an extraordinary request for routine, uncontested matters which the applicant has not justified to the court's satisfaction. Moreover, until the court instructed counsel to stop, several of the applications were noticed and set on the calendar even though Rule 2014(a) of the Federal Rules of Bankruptcy Procedure specifies an ex parte procedure with service only on the U.S. Trustee. Treating an ex parte matter as a contested matter appears to have significantly increased the expense to the estate.

         For the foregoing reasons, the court will allow $40, 000.00 for services related to employment of professionals. The balance of $15, 970.00 will be disallowed.


Summaries of

In re Carinalli

United States Bankruptcy Court, Ninth Circuit
May 3, 2010
09-12986 (B.A.P. 9th Cir. May. 3, 2010)
Case details for

In re Carinalli

Case Details

Full title:In re CLEMENT and ANN MARIE CARINALLI, Debtor(s).

Court:United States Bankruptcy Court, Ninth Circuit

Date published: May 3, 2010

Citations

09-12986 (B.A.P. 9th Cir. May. 3, 2010)