In re Brenner

D. Rhode Island

In re Brenner

235 B.R. 231, 1999 Bankr. LEXIS 737, 1999 WL 436767

CourtUnited States Bankruptcy Court, D. Rhode Island

DecidedJune 4, 1999

DocketBankruptcy No. 98-10444

StatusPublished

This text of 235 B.R. 231 (In re Brenner) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Brenner, 235 B.R. 231, 1999 Bankr. LEXIS 737, 1999 WL 436767 (R.I. 1999).

Pincite

Opinion

ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on May 27, 1999, on the Application of Russell Raskin, Esq., for compensation as counsel to the Chapter 13 Debtor. Upon review of the Application, and using First Circuit guidelines, we find that the request overall appears reasonable as to time expended and the charges therefor. We also find, however, that services rendered on the following dates did not benefit the estate: 4/1/98; 4/2/98; 4/3/98; 4/28/98; 5/6/98; 5/7/98; 9/28/98; 10/8/98; and 10/9/98. These entries total 9.4 hours. Because the Debtor presumably received the benefit of these services, he remains personally liable for the disallowed time entries to Mr. Raskin, who should be compensated for these charges outside of the Chapter 13 plan. Accordingly, the Application is allowed in the amount of $4,830. Because Mr. Raskin received a $1,500 retainer, the balance due from the estate on this Application is $3,330.

Enter Judgment consistent herewith.

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ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on May 27, 1999, on the Application of Russell Raskin, Esq., for compensation as counsel to the Chapter 13 Debtor. Upon review of the Application, and using First Circuit guidelines, we find that the request overall appears reasonable as to time expended and the charges therefor. We also find, however, that services rendered on the following dates did not benefit the estate: 4/1/98; 4/2/98; 4/3/98; 4/28/98; 5/6/98; 5/7/98; 9/28/98; 10/8/98; and 10/9/98. These entries total 9.4 hours. Because the Debtor presumably received the benefit of these services, he remains personally liable for the disallowed time entries to Mr. Raskin, who should be compensated for these charges outside of the Chapter 13 plan. Accordingly, the Application is allowed in the amount of $4,830. Because Mr. Raskin received a $1,500 retainer, the balance due from the estate on this Application is $3,330.

Enter Judgment consistent herewith.

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Bluebook (online)

235 B.R. 231, 1999 Bankr. LEXIS 737, 1999 WL 436767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brenner-rib-1999.