In Re HCS Corp.
Automatic Medical Analysts v. Pearl (In Re HCS Corp.)
Opinion
Opinion
Malugen, J.
MEMORANDUM DECISION
FACTS
Attorney James Beshears (“Beshears”) seeks compensation in the amount of $5,861 for fees and $39.40 as cost reimbursement for professional services rendered to Julius Pearl, Trustee, between July 14, 1983 and February 20, 1986. Beshears represented Pearl in an adversary proceeding brought by Automated Medical Analysts (“Automated”), seeking to surcharge the trustee for negligence. The surcharge action has been tentatively settled and a request for dismissal will be filed subsequent to this Court’s determination of Beshears’ application for compensation.
The complaint to surcharge was filed in July 1983. In October 1983, Beshears filed an Application, Declaration of Proposed Counsel, and Order Authorizing Employment of Counsel. The order was signed by Bankruptcy Judge Pyle and entered October 4. The order states:
Automated vigorously opposes payment of any fees to Beshears for defending the trustee. Automatic argues that Beshears did not assist the trustee in carrying out his duties and his services were not necessary to the administration of the estate in that no benefit was conferred upon the estate. Automated additionally opposes payment of…