Opinion
NOT FOR PUBLICATION
ORDER
PETER W. BOWIE, Chief Judge United States Bankruptcy Court
SAIF submitted to the United States Trustee an application to employ Van Dyke & Associates as counsel for the debtor. The United States filed the application with its own statement of objection and requested the matter be heard. It was heard on October 10, 2 007, at which time the Court authorized employment of the firm on terms and conditions that were substantively different than those contained in the application.
The Van Dyke firm was instructed to submit an order approving employment on the terms set out by the Court. In the four months which have elapsed since the hearing no order authorizing employment has yet been submitted, although counsel for the United States Trustee has regularly brought the matter to Mr. Van Dyke's attention in open court.
On January 31, 2008 the firm filed a copy of its application to employ, its reply memorandum, and a declaration, but no order. As the record stands as of this writing, no order authorizing employment of the firm has been lodged, as was required for a contested matter, much less an order that set out with specificity the terms and conditions of employment set out in open court on October 10, some of which are quite different from those contained in the application.
For the foregoing reasons, neither Mr. Van Dyke nor the firm is authorized to receive any interim compensation through the approved interim compensation procedures or from any other source, from the date of service of this Order until an order authorizing employment of the firm has been submitted, signed by the Court, and entered on the Court's docket. Failure to comply with this Order may result in future orders requiring the firm to disgorge funds it has already received on an interim basis.
IT IS SO ORDERED.
CERTIFICATE OF MAILING
The undersigned, a regularly appointed and qualified clerk in the office of the United States Bankruptcy Court for the Southern District of California, at San Diego, hereby certifies that a true copy of the attached document, to wit:
ORDER
was enclosed in a sealed envelope bearing the lawful frank of the Bankruptcy Judges and mailed to each of the parties at their respective address listed below:
Attorney for Debtor: Richard S. Van Dyke, Esq., Van Dyke & Associates, APLC
Attorney for Official Committee of Unsecured Creditors:, Daren Brinkman, Esq., Brinkman Portillo, PC
Attorney for U.S. Trustee: Haeji Hong, Esq. Office of U.S. Trustee Department of Justice
Said envelope(s) containing such document were deposited by me in a regular United States mail box in the City of San Diego, in said district on February 25, 2008.
Barbara J. Kelly, Judicial Assistant.