| Case Title: |
In the matter of: JOSEPH EDWARD KLOIAN,
Debtor. |
Type: |
Chapter 7 |
| Case Number: |
99-51514-WS |
|
| Judge: |
Walter Shapero |
Published: |
04/05/2007 |
UNITED STATES BANKRUPTCY COURT EASTERN
DISTRICT OF MICHIGAN SOUTHERN DIVISION In the matter of: Case No.
99-51514-WS JOSEPH EDWARD KLOIAN, Chapter 7 Debtor. Honorable Walter
Shapero
ORDER DENYING DEBTOR’S MOTION TO SET
ASIDE/VACATE ORDER OF JANUARY 8, 2007, APPROVING RETENTION OF US LOCATOR
SERVICE CORPORATION Debtor, having moved on various grounds to set
aside/vacate the Court’s Order of January 8, 2007, Granting Motion of
Chapter 7 Trustee to Retain US Locator Service Corporation
(“Order”), the Court having held a hearing thereon; It is hereby
concluded and ordered as follows; (1) The Motion is denied for the
reasons set forth by the Trustee as articulated at the hearing, and
because it appears that applicable procedural rules incident to the
entry of the Order were either complied with, or the persons or entities
who were entitled to prior notification, if any, having now had notice,
do not now object to the Order; and (2) At such time as the Trustee
seeks to pay compensation to US Locator Service Corporation, or said
entity itself seeks compensation, pursuant to the Order, such shall be
the subject of a duly noticed hearing thereon before the Court; and in
connection therewith the Court will take into account the following,
among other relevant considerations: A. The provisions of the Order and
the agreement referenced therein between the Trustee and US Locator
Service Corporation, including the specific incorporation therein of the
Rules of Professional Conduct adapted by the New Hampshire Supreme
Judicial Court; Rule 1.5 of which relates to Fees and the factors to be
considered in determining the reasonableness of a fee as set forth
therein; 2 B. The offer of the Debtor made during the hearing to
cooperate in obtaining the assets involved; and the extent to which the
Debtor acted upon that offer; C. The degree to which the assets involved
are not assets of the bankruptcy estate; D. The apparent fact that the
Debtor did not himself bring the existence of such assets to the
attention of the Trustee or parties in interest by way of amending filed
schedules or in some other manner, prior to the entry of the Order; E.
The circumstances surrounding the entry of the Order and
any investigation or inquiries made by the Trustee incident thereto; F.
The nature and amount of time and effort expended by US Locator Service
Corporation in connection with its performance; and the extent to which
such entity should or should not be considered a “professional” within
any applicable provisions of the Bankruptcy Code; (cf; In re American
Tissue, Inc., 331 B.R. 169 (Bankr,Ct.Dec 137, 2005). The Trustee shall
serve a copy of this Order on US Locator Service Corporation. . Signed
on April 05, 2007 /s/ Walter Shapero Walter Shapero United States
Bankruptcy Judge |