In re Sheehan

Full title: In re JOHN SHEEHAN, Debtor.

Court: United States Bankruptcy Court, Southern District of California

Date published: Jan 19, 2012

No. 08-10177-PB7 (Bankr. S.D. Cal. Jan. 19, 2012)

Opinion

In re JOHN SHEEHAN, Debtor. No. 08-10177-PB7 United States Bankruptcy Court, Southern District of California January 19, 2012

NOT FOR PUBLICATION

ORDER ON FEE APPLICATION OF FINANCIAL LAW GROUP

PETER W. BOWIE, Chief Judge United States Bankruptcy Court

Financial Law Group, counsel employed with Court authorization by Chapter 7 trustee Gladstone, seeks fees and expenses for its work in representing the trustee in the underlying case and in an avoidance adversary proceeding brought by the trustee against Mr. Moore, a third party.

The only objection to the application was filed by the debtor. The debtor's written objection asserted that Financial Law Group should not receive any compensation for work on an adversary brought by the United States Trustee objecting to debtor's discharge. At oral argument, counsel for debtor argued that resolution of the United States Trustee's adversary proceeding had some mutuality with the work of the Chapter 7 trustee and that when the debtor agreed with the U.S. Trustee in that adversary that each side would bear its own fees and costs that provision somehow was inclusive of the work of the separately appointed Chapter 7 trustee.

The Court has reviewed the docket of Adversary No. 09-90339, brought by the United States Trustee. The Chapter 7 trustee was not a party to that proceeding, nor was she a signatory to the settlement between debtor and Mr. Sheehan. To the extent Mr. Sheehan was under the impression that by agreeing to no discharge with the United States Trustee the work of the Chapter 7 trustee in recovering funds for the creditors of the estate was somehow mooted is erroneous. The Chapter 7 trustee still had her job to do, as did her counsel. There is nothing in debtor's stipulation with the U.S. Trustee to the contrary.

The Court has again reviewed the time entries for Financial Law Group and finds them reasonable and necessary. Accordingly, the fees sought by Financial Law Group are allowed in the amount of $16,759, as are expenses of $93.87. Up to $1,000 in additional fees, to the extent actually incurred in concluding work on the case is also allowed. See Rule 2002, Fed. R. Bankr. P.

IT IS SO ORDERED.