Sunergy California LLC

FOR PUBLICATION

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF CALIFORNIA In re: ) ) SUNERGY CALIFORNIA LLC, ) Case No. 21-20172-C-11 ) Docket Control No. RG-20 Debtor. ) ________________________________)

OPINION

8 CHRISTOPHER M. KLEIN, Bankruptcy Judge: 9 The chapter 11 debtor lost control of this case when a 10 trustee was appointed and a liquidating plan confirmed. 11 Debtor’s counsel seeks a final fee award for services before 12 and after appointment of the chapter 11 trustee. The United 13 States trustee and the plan’s liquidating trustee each oppose. 14 The motion will be bifurcated. Issues regarding services 15 rendered after debtor in possession (DIP) status ceased upon the 16 chapter 11 trustee appointment are discrete, fully litigated, and 17 appropriate for final decision. But, incomplete information about 18 actual DIP services prevents fair determination of the other 19 contested final fees without better factual development and 20 opportunity for the fee applicant to explain itself. 21 This opinion holds: (1) debtor’s counsel’s role as…