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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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.

(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.

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