Filed: Jan. 21, 2016
Latest Update: Jan. 21, 2016
Summary: ORDER DENYING FEE APPLICATION, WITHOUT PREJUDICE, AS PREMATURE THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on a fee application filed by the attorney for the Debtor on December 22, 2016, in a document entitled "First Interim Pre-Confirmation Fee Application of Attorney for the Debtor for Services Rendered From February 28, 2015 Through December 4, 2015" (Docket #32). On January 19, 2016, the Debtor's attorney filed a Certification of Non-Response, indicating that no
Summary: ORDER DENYING FEE APPLICATION, WITHOUT PREJUDICE, AS PREMATURE THOMAS J. TUCKER , Bankruptcy Judge . This case is before the Court on a fee application filed by the attorney for the Debtor on December 22, 2016, in a document entitled "First Interim Pre-Confirmation Fee Application of Attorney for the Debtor for Services Rendered From February 28, 2015 Through December 4, 2015" (Docket #32). On January 19, 2016, the Debtor's attorney filed a Certification of Non-Response, indicating that no o..
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ORDER DENYING FEE APPLICATION, WITHOUT PREJUDICE, AS PREMATURE
THOMAS J. TUCKER, Bankruptcy Judge.
This case is before the Court on a fee application filed by the attorney for the Debtor on December 22, 2016, in a document entitled "First Interim Pre-Confirmation Fee Application of Attorney for the Debtor for Services Rendered From February 28, 2015 Through December 4, 2015" (Docket #32). On January 19, 2016, the Debtor's attorney filed a Certification of Non-Response, indicating that no one had filed an objection to the fee application.
The Court will deny the fee application, without prejudice as stated below, as premature. It is premature because no Chapter 13 plan has been confirmed yet. The case is currently scheduled for an adjourned confirmation hearing to be held on January 28, 2016. The fee application does not demonstrate good cause for the Court to allow fees for the Debtor's counsel at this time, when no Chapter 13 plan has been confirmed yet.
Accordingly,
IT IS ORDERED that the fee application (Docket #32) is denied.
IT IS FURTHER ORDERED that this Order is without prejudice to the right of the Debtor's counsel to file a new fee application, after one of the following events has occurred in this case: (1) a plan has been confirmed; (2) the case has been converted to Chapter 7; or (3) the case has been dismissed.
