Missouri Western Bankruptcy Court

Bankruptcy Case Closed. (Smith, Mindy)

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Order of the Court

The Court has reviewed the Motion of Debtor's Counsel to Amend the Court's Order Sustaining in Part his application for compensation. Citing Fed.R.Bankr.Proc. 60(a), Debtor's Counsel requests that the Court amend its Order to caption it instead as a "Judgment" so that Counsel can record the "Judgment" in state court. Counsel asserts that inserting the word "Judgment" would not change the content of the Court's Order. The Court disagrees. The word "judgment" is a legal term of art and a final judgment has legal ramifications, such as having res judicata effect. The Court is authorized to enter judgments in adversary proceedings under Rule 7058. Notably, Rule 7058 does not apply to contested matters under Rule 9014. Here, Counsel's application for compensation was an interim application under 11 U.S.C. Section 331 that sought compensation only through October 31, 2018. The Order allowing interim compensation was not a final determination of the reasonableness and necessity of the services provides since interim fee awards are always reviewable pending the Court's determination of the final application for compensation. The fact that the case was dismissed before Counsel could submit a final application does not convert the Court's Order into a "Judgment." See In re Trigee Foundation, Inc., 2017 WL 4457409 (Bankr. D.C. Sept. 29, 2017). Changing the Order to a Judgment would change the content and legal ramifications thereof, and is thus not appropriate. The Motion is hereby DENIED.

It is so ORDERED by /s/ Cynthia A. Norton.

(Related document(s) 765 Motion to Amend) (Graham, Beth)

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(Entered: 01/28/2019)

Motion to Amend Order of the Court Sustaining in Part the Application for Compensation by Debtor's Counsel. Filed by 417 Rentals, LLC. (related document(s)[760] Compensation granted filed by 417 Rentals, LLC) (Attachments: # (1) Exhibit A) (Weiss, Ronald)

BNC Certificate of Mailing Notice Date 01/19/2019. (Related Doc [763]) (Admin.)

Order Dismissing Case upon US Trustee's Motion to Dismiss Case. (related document(s)[241]) (Graham, Beth) The Bankruptcy Noticing Center will serve this Order on all creditors and parties.

Order of the Court Debtor's Motion to Consolidate this case with case number 18-61100-can11 is hereby DENIED AS MOOT. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)[678] Motion to Consolidate) (Graham, Beth)

Order of the Court The Motion to Dismiss Case Filed by City of Springfield is hereby DENIED AS MOOT. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)[514] Motion to Dismiss Case) (Graham, Beth)

Order of the Court SUSTAINING IN PART the Application for Compensation for Ronald S. Weiss, Joel Pelofsky and the firm of Berman, DeLeve, Kuchan & Chapman, LLC, in the amount of - Fees: $146,848.50, Expenses: $13,980.57. It is so ORDERED by /s/ Cynthia A. Norton. The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law. File the Certificate of Service and relate it to the epo category. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (Related document(s)[703] Application for Compensation) (Graham, Beth)

Hearing Held re: Motion to Dismiss Case Filed by U.S. Trustee (GRANTED); Motion to Dismiss filed by City of Springfield (DENIED AS MOOT); First Application for Compensation for Ronald S. Weiss, Joel Pelofsky and the firm of Berman, DeLeve, Kuchan & Chapman, LLC in the amount of - Fees: $155,672.50, Expenses: $13,980.57 (SUSTAINED IN PART, $146,848.50 IN FEES AND $13,980.57 IN EXPENSES); Motion to Consolidate Case with Case Number 18-61100 (DENIED AS MOOT) . ERO - JA (related document(s)[678], [514], [241], [703]) (Graham, Beth)

Objection to Motion to Extend the Time Within Which to File its Third Amended Plan of Reorganization and Disclosure Statement filed by City of Springfield. (related document(s)[742] Motion to Extend Time) (Hoeman, Christopher)