Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: NOT FOR PUBLICATION ORDER DENYING FIRST AND FINAL FEE APPLICATION OF AOE LAW & ASSOCIATES ROBERT KWAN , Bankruptcy Judge . On December 12, 2017 at 2:30 p.m., there came before the Court for hearing the First and Final Fee Application of AOE Law & Associates ( docket no. 299 ) (the "AOE Fee Application"), the Honorable Robert N. Kwan, United States Bankruptcy Judge, presiding. Aaron E. de Leest of Danning, Gill, Diamond & Kollitz, LLP, appeared on behalf of Rosendo Gonzalez, the Chapter 7
Summary: NOT FOR PUBLICATION ORDER DENYING FIRST AND FINAL FEE APPLICATION OF AOE LAW & ASSOCIATES ROBERT KWAN , Bankruptcy Judge . On December 12, 2017 at 2:30 p.m., there came before the Court for hearing the First and Final Fee Application of AOE Law & Associates ( docket no. 299 ) (the "AOE Fee Application"), the Honorable Robert N. Kwan, United States Bankruptcy Judge, presiding. Aaron E. de Leest of Danning, Gill, Diamond & Kollitz, LLP, appeared on behalf of Rosendo Gonzalez, the Chapter 7 t..
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NOT FOR PUBLICATION
ORDER DENYING FIRST AND FINAL FEE APPLICATION OF AOE LAW & ASSOCIATES
ROBERT KWAN, Bankruptcy Judge.
On December 12, 2017 at 2:30 p.m., there came before the Court for hearing the First and Final Fee Application of AOE Law & Associates (docket no. 299) (the "AOE Fee Application"), the Honorable Robert N. Kwan, United States Bankruptcy Judge, presiding. Aaron E. de Leest of Danning, Gill, Diamond & Kollitz, LLP, appeared on behalf of Rosendo Gonzalez, the Chapter 7 trustee (the "Trustee") for the estate of Mina Montejano (the "Debtor"). Anthony O. Egbase appeared telephonically on behalf of AOE Law & Associates. The Debtor also appeared. All other appearances were as noted on the record at the hearing.
The Court, having read and considered the AOE Fee Application, the opposition thereto filed by the Trustee (docket no. 312), having heard the argument for counsel at the hearing on the AOE Fee Application, and for the reasons set forth by the Court on the record at the hearing and in its tentative ruling, which is attached as Exhibit "1" hereto, and good cause appearing therefor, it is hereby
ORDERED THAT:
1. The AOE Fee Application is denied.
2. The fees requested in the AOE Fee Application are disallowed in their entirety.
EXHIBIT 1
United States Bankruptcy Court
Central District of California
Los Angeles
Judge Robert Kwan, Presiding
Courtroom 1675 Calendar
Tuesday, December 12, 2017 Hearing Room 1675
2:30 PM
2:13-38630 Mina Montejano Chapter 7
#20.00 Hearing re: Application for fees and expenses
[Anthony Obehi Egbase, Debtor's Attorney]
Docket 299
Tentative Ruling:
Deny approval of first and final fee application of A.O.E. Law & Associates for the reasons stated in the trustee's opposition to the application, i.e., the court has not authorized applicant's employment as a professional for the estate under 11 U.S.C. 327 and without such authorization, compensation may not be paid as an administrative expense of the estate under 11 U.S.C. 503. In re Mehdipour, 202 B.R. 374, 478-479 (9th Cir. BAP 1996). The court does not rule upon trustee's request for disgorgement of estate funds by applicant made in trustee's opposition since such relief may need to be sought through an adversary proceeding under FRBP 7001. Appearances are required on 12/12/17, but counsel may appear by telephone.
Party Information
Debtor(s):
Mina Montejano Represented By
Anthony Obehi Egbase
Crystle J Lindsey
Timothy J Daley
Edith Walters
Trustee(s):
Rosendo Gonzalez (TR) Represented By
Douglas A Crowder
Brad Krasnoff
Aaron E de Leest
Amy L Goldman
