In Re Hessinger & Associates

MEMORANDUM OF DECISION

ALAN JAROSLOVSKY, Bankruptcy Judge.

It is a rare thing for a court to have to write a decision overruling a legal argument which is patently meritless, but circumstances now require exactly that. The law firm of Hessinger & Associates has taken the position that there is an implicit exception to the Bankruptcy Code for attorneys. Hes-singer argues that after it has filed a Chapter 7 bankruptcy for a client it is free to enforce a fee contract for its fees entered into before the filing. A written decision is necessary to explain the debtors’ rights to them, as Hessinger’s…