IN RE: MARY WALSH COLLETT CASE NO. 93-50465
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF KENTUCKY
MARY WALSH COLLETT CASE NO. 93-50465
This matter is pending on the supplemental application filed herein on Aaugust 25, 1994 by counsel for the chapter 13 debtor for an allowance of additional compensation in the amaount of $270.00 for services performed in representing the debtor after confirmation of the debtor's plan.
The specific services performed involved opposing the motion of Kentucky Housing Corporation for relief from stay. the motion alleged the debtor was three months in arrears in postpetition payments on her home mortgage, which under the plan the debtor was to pay directly and timely to the movant.
The Statement of Compensation filed by the attorney with the debtor's petition indicates the attorney was paid $875.00 for her services prior to filing the case. The itemization indicates that the attorney is charging as paralegal time services that are essentially secretarial in nature.
Moreover, the court is of the opinion that a fee of $875.00 should be sufficient compensation for representing a debtor throughout a chapter 13 case, absent circumstances which require extraordinary services. In the view of the court opposing a motion for relief from stay resulting from the failure of the debtor to abide by the terms of the chapter 13 plan does not rise to the level of extraordinary services.
Accordingly, the supplemental application of the attorney for the debtor for additional compensation is denied.
Dated: January 4, 1995.
By the court -
Joe Lee, Chief Judge
Ginger C. Knight
Sidney N. White
Mary Walsh Collett
U. S. Trustee