IN RE LORENZO D. HORTON, Case No. 98-30228 (Bankr. W.D.N.C., April 15, 1998)(Hodges) - The court denied an Application for Administrative Expense submitted by counsel who represented the debtor in his short-lived first Chapter 13 bankruptcy. The Application was prompted by the debtor's failure to pay the non-base fee to the attorney in the first bankruptcy case. In denying the Application for Administrative Expense, which was filed in the debtor's second bankruptcy case, the court relied on 11 U.S.C. § 503(b) which references "services rendered after the commencement of the case." The court ultimately held that to the extent counsel had a claim in the current bankruptcy estate, it was unsecured.

IN RE MIDDLE PLANTATION LIMITED PARTNERSHIP, Case No. 95-31507 (Bankr. W.D.N.C. , Nov. 26, 1996)(Hodges) - The court granted a Motion for Disgorgement and found that no attorney's fees should be allowed from the retainer held by debtor's counsel, a NationsBank account, or any other funds presently in the debtor's possession. The court cited 11 U.S.C. § 330 which allows a debtor's attorney to apply for reasonable compensation for services and expenses. In its holding, however, the court relied on the general rule that administrative expenses occurring post-petition are not permitted to be charged against secured collateral where the creditor is neither oversecured nor adequately protected. In re Visual Industries, Inc., 57 F.3d 321, 324 (3d Cir. 1995).