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In re David A. Schweinforth

Bankr. No.: 
02-40446
Chapter: 
7
Date of Decision: 
January 26, 2006
Issue: 
In this case that was converted from Chapter 7 to Chapter 13 and back to Chapter 7, what fees for Debtor’s counsel could be paid from the estate?
Ruling: 
The attorney’s fees for Chapter 13 services were an administrative expense. His fees for Chapter 7 services -- both pre- and post-petition -- were a general unsecured claim against the estate. They would be paid with the other general unsecured claims. Payment of both claims was dependent on the availability of sufficient estate funds. To the extent the fees were not paid by the estate, they were discharged.
Full Bankruptcy Court Decision: