John Vincent Colona

In paragraph 4, the Application states that “[p]rior to June 10, 2008, counsel was paid a1
$7,500.00 retainer to represent the Debtor in the Chapter 11 phase of this bankruptcy case.”
From this statement, it is not possible to determine whether the retainer was paid prior to
commencement of the bankruptcy case or after commencement of the bankruptcy case and prior
to conversion to the case.
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF PENNSYLVANIA
IN RE: : Chapter 13
JOHN VINCENT COLONA, :
Debtor(s) : Bky. No. 07-16055ELF
O R D E R
AND NOW, the Debtor having commenced this bankruptcy case by filing a voluntary
petition under chapter 13 on October 17, 2007,
AND, on June 10, 2008, on motion of the Debtor, the case having been converted from
chapter 13 to chapter 11,
AND, on June 11, 2008, the Debtor having filed an Application requesting that the Court
appoint David A. Scholl, Esquire as counsel (“the Application”),
AND, in the Application, the Debtor having requested authority to use monies that are
property of the estate to provide Mr. Scholl with a $7,500.00 retainer for the services to be
provided in representing the Debtor in the chapter 11 phase of the bankruptcy case,
AND, the Application having disclosed the retainer request but obscured the fact that the
retainer is to be paid from property of the bankruptcy estate,1
AND, the Court not being satisfied that adequate notice of the terms of the Debtor’s
proposed retention of Mr. School has been provided to interested parties,
Case 07-16055-elf Doc 105 Filed 08/01/08 Entered 08/01/08 12:20:53 Desc Main
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It is hereby ORDERED that:
1. On or before August 11, 2008, the Debtor shall file and serve an Amended Notice of the
Application on all interested parties that clearly discloses that if the Application is granted,
the retainer to be paid to Mr. Scholl is to be paid from property of the bankruptcy estate.
2 If no Objections to the Application are filed by August 19, 2008, the Debtor may file a
Certification of No Objection. In such event, the Court will treat the Application as
uncontested.
Date: August 1, 2008
ERIC L. FRANK
U.S. BANKRUPTCY JUDGE
Case 07-16055-elf Doc 105 Filed 08/01/08 Entered 08/01/08 12:20:53 Desc Main
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