Legal Opinion
In Re Busetta-Silvia
United States Bankruptcy Court, D. New Mexico
Decided October 29, 2003No. 19-10365PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION IN SUPPORT OF ORDERS GRANTING IN PART AND DENYING IN PART APPLICATION FOR COMPENSATION AND REIMBURSEMENT
JAMES S. STARZYNSKI, Bankruptcy Judge.
This decision addresses the issue, raised by the Court on its own, of whether counsel may be compensated postpetition, as an administrative claim from estate assets, for work performed for the debtor in preparation for the chapter 13 filing. The Court, reluctantly, concludes that the Bankruptcy Code does not permit that compensation and therefore will deny a portion of the fee application of Debtor’s counsel. 1
Before the Court is the…
2Cases cited15 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- In Re Kurtis George Kaspar and Linda Ann Kaspar, Debtors, Bellco First Federal Credit Union v. Kurtis George Kaspar and Linda Ann KasparCourt of Appeals for the First Circuit · 1997
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3Cited by4 opinions
- In Re Busetta-SilviaBankruptcy Appellate Panel of the Tenth Circuit · 2004
- In Re GutierrezUnited States Bankruptcy Court, W.D. Texas · 2004
- In Re Busetta-SilviaDistrict Court, D. New Mexico · 2004
- In Re FranciscoUnited States Bankruptcy Court, D. New Mexico · 2008