William F. Davis & Associates, P.C. v. Caplan (In re J.R. Hale Contracting Co.)

MEMORANDUM OPINION DENYING JOINT MOTION TO DISMISS

JAMES S. STARZYNSKI, Bankruptcy Judge.

This is an action to determine the priority of Chapter 11 attorney’s fees under 11 U.S.C. § 724(b) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”). Plaintiff William F. Davis & Associates, P.C. (“Davis”) represented Debtor prior to this underlying bankruptcy case’s conversion from Chapter 11 to Chapter 7, and is owed $25,127.50 in fees and costs from that representation.- However, Debtor is subject to $1,405,311.88 in secured tax claims and does not have…