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In re Porada, 17bk36268. (2018)

Court: United States Bankruptcy Court, N.D. Illinois Number: inbco20181128838 Visitors: 4
Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO SHAW FISHMAN GLANTZ & TOWBIN LLC, ATTORNEYS FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TIMOTHY A. BARNES , Bankruptcy Judge . TOTAL FEES REQUESTED: $ 73,487.00 TOTAL COSTS REQUESTED: $ 1,479.00 TOTAL FEES REDUCED: $ 2,166.10 TOTAL COSTS REDUCED: $ 15.00 TOTAL FEES ALLOWED: $ 71,320.90 TOTAL COSTS ALLOWED: $ 1,464.00 TOTAL FEES AN
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FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO SHAW FISHMAN GLANTZ & TOWBIN LLC, ATTORNEYS FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES

TOTAL FEES REQUESTED: $ 73,487.00 TOTAL COSTS REQUESTED: $ 1,479.00 TOTAL FEES REDUCED: $ 2,166.10 TOTAL COSTS REDUCED: $ 15.00 TOTAL FEES ALLOWED: $ 71,320.90 TOTAL COSTS ALLOWED: $ 1,464.00

TOTAL FEES AND COSTS ALLOWED: $72,784.90

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 left of each underlined entry. The numerical notations correspond to the enumerated paragraphs below.

(1) Computational or Typographical Error — TOTAL of disallowed amounts: $1,615.00

The court denies the allowance of compensation for the following tasks because the amount of fees appears to be a computational or typographical error. Also, where there are two identical entries (same day, same tasks, same time billed), the court will consider one of the entries to be a typographical error.

(2) Lumping — TOTAL of disallowed amounts (10% of affected entries): $123.60

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.").

(3) Insufficient Description — TOTAL of disallowed amounts: $427.50

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).

(4) No Benefit to the Estate — TOTAL of disallowed amounts: $15.00

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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