Menu    1 ABR 196 

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ALASKA
605 West 4th Avenue, Anchorage, AK 99501-2296




_________________________________________x 
In re 
EDWARD W. MONTGOMERY and GRACE 
J. MONTGOMERY, 
 Case No. A89-00502
 Chapter 11

Debtor(s).ORDER DENYING ATTORNEY'S AND ACCOUNTANT'S FEES WITHOUT PREJUDICE
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      An application was filed on June 12, 1990 (Docket No. 81) for compensation for Albert Maffei, attorney, who is asking for $8,634.10 for fees and $408.05 for costs (after deducting a $1,000.00 retainer), and for Joseph Cange, accountant, who is asking for $2,150.00. The application is supported by Mr. Maffei's affidavit (Docket No. 82, filed June 12, 1990) and Mr. Cange's affidavit (Docket No. 83).

      The court notes the following problems, without reviewing the merits of the fee applications:

(a) the certificate of mailing (Docket No. 84 filed on June 12, 1990) does not reflect service on the United States trustee (see BR X-1008)

(b) the "Notice of Application for Order" (Docket No.80) does not disclose the amount being sought (see BR 2002(c)(2));

(c) the court can find no application for employment or order approving employment (see BR 2014 and In re Crook, 79 B.R. 475 (9th Cir. BAP)).

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It may be that the court has missed the applications and orders for employment. Therefore,

      IT IS ORDERED that

      1. APPLICATION FOR EMPLOYMENT - Mr. Maffei should direct the court to any applications or orders of employment, if they have been filed. If none has been filed, an application for nunc pro tunc employment should be filed and notice served on the matrix. The notice should state that it is for nunc pro tunc employment and how much nunc pro tunc compensation will be sought. The United States Trustee must be served.

      2. APPLICATION FOR COMPENSATION - The notice of the application for compensation should itself be refiled and served. The new notice should reflect the amount of compensation sought (see, Local Form 7), including how much is for nunc pro tunc compensation. The United States Trustee must be served.



DATED: July 18, 1990 
  
 __/s/ Herbert A. Ross__
 HERBERT A. ROSS
 Bankruptcy Judge


Serve: 
United States Trustee 
Albert Maffei, Esq.H3049