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MATTER OF MALASPINA

Bankruptcy Nos. 81-3537, 81-3538.

30 B.R. 267 (1983)

In the Matter of Joseph W. MALASPINA, Lynn L. Malaspina, Cleano Kenneth Malaspina and Theresa Francis Malaspina, Debtors.

United States Bankruptcy Court, W.D. Pennsylvania.

May 18, 1983.

Attorney(s) appearing for the Case

Bart Tyson, Pittsburgh, Pa., for petitioners.

Gary Nelson, Pittsburgh, for objectors.

Donald R. Calaiaro, Pittsburgh, Pa., trustee.

MEMORANDUM OPINION

GERALD K. GIBSON, Bankruptcy Judge.

The matter presently before the Court is Petition for Interim Attorney's Fees filed by attorney for debtors under Chapter 13 of the Bankruptcy Code. Debtors' attorney seeks payment of his fees from the sale proceeds of certain of debtors' real property which was subject to two mortgages. Upon satisfaction of the first mortgage, there remained a fund from which debtors' attorney now seeks payment of interim...

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