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IN RE WILSON, 15-50047-tjt. (2015)

Court: United States Bankruptcy Court, E.D. Michigan Number: inbco20151204705 Visitors: 2
Filed: Dec. 03, 2015
Latest Update: Dec. 03, 2015
Summary: ORDER DENYING FEE APPLICATION, WITHOUT PREJUDICE, AS PREMATURE THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on the fee application of the Chapter 13 Debtor's attorney, Walter A. Metzen, filed October 29, 2015 (Docket # 28, the "Application"). No timely objections to the Application were filed. The Court concludes that the Application should be denied, without prejudice, because it is premature. No plan has been confirmed in this Chapter 13 case, and currently an adjo
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ORDER DENYING FEE APPLICATION, WITHOUT PREJUDICE, AS PREMATURE

This case is before the Court on the fee application of the Chapter 13 Debtor's attorney, Walter A. Metzen, filed October 29, 2015 (Docket # 28, the "Application"). No timely objections to the Application were filed.

The Court concludes that the Application should be denied, without prejudice, because it is premature. No plan has been confirmed in this Chapter 13 case, and currently an adjourned confirmation hearing is scheduled for January 14, 2016. It appears from the stipulation filed on November 5, 2015 (Docket # 30) that the Debtor and the Chapter 13 Trustee contemplate that this case will either be converted on or before January 4, 2016, or otherwise will be dismissed, but to date the case has not been converted or dismissed, and it remains pending as a Chapter 13 case in the pre-confirmation stage. (And no explanation has been given for the agreed delay in the ultimate conversion or dismissal of this case). Under these circumstances, it is premature for the Court to approve a fee application by the Chapter 13 Debtor's counsel. Accordingly,

IT IS ORDERED that the Application is denied, without prejudice to Debtor's counsel's right to file a new fee application after one of the following events has occurred: (1) the case has been converted to Chapter 7; (2) the case has been dismissed; or (3) a Chapter 13 plan has been confirmed.

Source:  Leagle

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