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In re Porada, 17bk36268. (2018)

Court: United States Bankruptcy Court, N.D. Illinois Number: inbco20181128837 Visitors: 8
Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO RATHJE & WOODWARD, LLC, SPECIAL COUNSEL FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FIRST INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 63,332.00 TOTAL COSTS REQUESTED: $ 2,958.70 TOTAL FEES REDUCED: $ 2,211.60 TOTAL COSTS REDUCED: $ 18.00 TOTAL FEES ALLOWED: $ 61,120.40 TOTAL COSTS ALLOWED: $ 2,940.70 TOTAL FEE
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FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO RATHJE & WOODWARD, LLC, SPECIAL COUNSEL FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FIRST INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES

TOTAL FEES REQUESTED: $ 63,332.00 TOTAL COSTS REQUESTED: $ 2,958.70 TOTAL FEES REDUCED: $ 2,211.60 TOTAL COSTS REDUCED: $ 18.00 TOTAL FEES ALLOWED: $ 61,120.40 TOTAL COSTS ALLOWED: $ 2,940.70

TOTAL FEES AND COSTS ALLOWED: $64,061.10

The attached time and expense entries have been underlined to reflect disallowance in whole or in part. The basis for each disallowance is reflected by numerical notations that appear on the right of each underlined entry. The numerical notations correspond to the enumerated paragraphs below.

(1) Lumping — TOTAL of disallowed amounts (10% of affected entries): $539.10

The Court may impose a ten percent penalty on entries that appear to be "lumping." The Court will reduce each entry marked as such per the penalty. In re Wildman, 72 B.R. 700, 709 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) ("Applicants may not circumvent the minimum time requirement or any of the requirements of detail by "lumping" a bunch of activities into a single entry, [citation omitted]. Each type of service should be listed with the corresponding specific time allotment.").

(2) Insufficient Description — TOTAL of disallowed amounts: $1,672.50

The Court denies the allowance of compensation for the indicated task(s) as the description of each task fails to identify in a reasonable manner the service rendered. In re Pettibone, 74 B.R. 293, 301 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) ("A proper fee application must list each activity, its date, the attorney who performed the work, a description of the nature and substance of the work performed, and the time spent on the work. [Citation omitted] Records which give no explanation of the activities performed are not compensable."); In re Wildman, 72 B.R. 700, 708-9 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (same). Entries for conferences must say who the conference was with specifically and what the conference was about in order for the court to determine the benefit to the estate.

(3) No Benefit to the Estate — TOTAL of disallowed amounts: $18.00

The court denies requests for fees relating to services that do not benefit the estate or that are not necessary to the administration of the case. 11 U.S.C. § 330(a)(4)(A). Expenses for a counsel's routine in town travel expenses confer no benefit to the estate and are not reimburseable in this district absent an explanation regarding necessity.

Source:  Leagle

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