Bankr. No. 06-10071.United States Bankruptcy Court, D. South Dakota.
April 10, 2007
Terry J. Sutton, Esq., Attorney for Debtor, Watertown, South Dakota.
First Bank Trust, Attn: Dorrie DeGraaff, Brookings, South Dakota.
CHARLES NAIL JR., Bankruptcy Judge
Dear Mr. Sutton and Ms. DeGraaff:
The matter before the Court is the Application for Compensation and Reimbursement for Expenses filed by Attorney Terry J. Sutton on March 7, 2007. This is a core proceeding under 28 U.S.C. § 157(b)(2). This letter decision and subsequent order shall constitute the Court’s findings and conclusions under Fed.Rs.Bankr.P. 7052 and 9014. As set forth below, Attorney Sutton’s application will be approved.
First Bank Trust was the only creditor or other party in interest to object to Attorney Sutton’s application. The sum and substance of First Bank Trust’s objection was it did not feel it was obligated to pay the attorney fees, sales tax, and reimbursement of expenses requested by Attorney Sutton. First Bank Trust is not obligated to do so. Debtor will pay any attorney fees, sales tax, and reimbursement of expenses approved by the Court according to the terms of his confirmed chapter 13 plan.
There being no other objections to Attorney Sutton’s application, Attorney Sutton will be awarded $1,515.00 as compensation for services, $81.90 for sales tax thereon, and $379.80 for reimbursement of expenses, for a total award of $1,976.70.
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From this total, Attorney Sutton’s $750.00 retainer shall be deducted. The balance of $1,226.70 shall be paid by Chapter 13 Trustee Dale A. Wein pursuant to the terms of Debtor’s confirmed plan. The Court will enter an appropriate order.
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