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In re Linda L. Rosenow

Bankr. No.: 
99-50365
Chapter: 
7
Date of Decision: 
February 9, 2004
Issue: 
Whether Debtor’s attorney was entitled to fees from the Chapter 7 bankruptcy estate for services rendered after the case converted from Chapter 13?
Ruling: 
Under the Supreme Court’s recent ruling in Lamie v. United States Trustee, 124 S.Ct. 1023 (2004), a Chapter 7 debtor’s attorney may not be paid from bankruptcy estate funds. The Court held this ruling will be applied to all services rendered by a Chapter 7 debtor’s attorney from the date of the decision forward. Since this debtor’s attorney's Chapter 7 services were rendered before the Lamie decision, the Court, following its earlier decisions, allowed Debtor’s attorney to be compensated from the bankruptcy estate for basic Chapter 7 services, which include analyzing a debtor’s financial condition; rendering advice and assistance to a debtor in determining whether to file a petition in bankruptcy; preparing the petition, the schedule of assets and liabilities, and the statement of financial affairs; and representing the debtor at the § 341 meeting of creditors.
Full Bankruptcy Court Decision: