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In re Joanne Renee Nolte

Bankr. No.: 
00-40804
Chapter: 
7
Date of Decision: 
January 11, 2001
Issue: 
Whether the debtor's attorney's fees of $1,300 were reasonable under ยง 329(b)?
Ruling: 
Fees of $800 were deemed reasonable. The excess was ordered to be returned to the debtor, if she had excess exemptions available, or to the bankruptcy estate. The facts of the case did not warrant higher than usual fees. Though post-petition work regarding exemptions and the dischargeability of a divorce-related debt were expected, those post-petition services could not be paid by the debtor pre-petition without running afoul of Snyder v. Dewoskin (In re Mahendra), 131 F.3d 750 (8th Cir. 1997). Attorney could seek compensation for post-petition work from debtor's post-petition, non bankruptcy estate assets.
Full Bankruptcy Court Decision: