United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 23, 2004
____________________________
Charles R. Fulbruge III
Summary Calendar Clerk
No. 03-40371
____________________________
IN RE: CAMELOT RETIREMENT COMMUNITY
OF MCALLEN, TEXAS,
Debtor.
____________________________
COLIN KELLY KAUFMAN,
Appellant,
versus
CAMELOT RETIREMENT COMMUNITY OF MCALLEN, TEXAS;
GUY ALLISON; UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT,
Appellees.
____________________________
COLIN KELLY KAUFMAN,
Plaintiff-Appellant,
versus
CAMELOT RETIREMENT COMMUNITY OF MCALLEN, LP,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Texas - McAllen Division
Civil Case No. M-02-CV-347;
Civil Case No. M-02-CV-373
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5th Cir. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Cir. R. 47.5.4.
This is an appeal from the denial of a request for
attorneys’ fees made by a lawyer in a Chapter 11 case. Appellant
Kaufman cannot overcome the plain text of the Bankruptcy Code,
which conditions payment of attorneys’ fees of a creditor on that
creditor’s entitlement to receive expenses from “making a
substantial contribution” to the Chapter 11 case. 11 U.S.C. §
503(b)(3)(D). Section 503(b)(4) accordingly affords an attorney
“reasonable compensation for professional services” rendered for
“an entity whose expense is allowable under paragraph (3) of this
subsection . . . .” The statute, as the district and bankruptcy
courts noted, is clear. No case law cited by Kaufman abridges this
clarity.
The decisions of the district and bankruptcy courts,
which are supported in a number of other ways only on the assump-
tion that this language is somehow not controlling, are AFFIRMED.
2