Law Offices of Boone v. Derham-Burk (In Re Eliapo)

RYAN, Bankruptcy Judge, concurring.

While I agree with the outcome of the opinion, I write separately because I believe the Ch. 13 Payment Guidelines (the *406“Guidelines”) are self-defeating, ambiguous, and need modification.

It appears that, under the current practice in the Northern District of California, the Guidelines are not binding on the attorneys. In other words, an attorney can opt for the “no look” fees, get paid the fees, and later seek a full § 330 review on application should the attorney believe that additional fees are warranted on the very same services that he sought and received…