Bankr. No.:
01-40161
Chapter:
7
Date of Decision:
October 6, 2003
Issue:
To what compensation was the debtor’s attorney entitled where the debtor’s Chapter 13 case was converted to a Chapter 7 after confirmation of a plan?
Ruling:
All fees for a Chapter 13 debtor’s attorney’s services are an administrative expense that is paid from the bankruptcy estate. Likewise, a Chapter 7 debtor’s attorney may be compensated from the estate for certain necessary services through the meeting of creditors. If the estate has sufficient funds to pay these administrative expenses, the attorney may not collect the balance from the debtor. The debtor, however, is obligated to pay his attorney for any Chapter 7 legal services rendered post-petition that benefit the debtor only.
Full Bankruptcy Court Decision:
