Opinion
Case No. 08 B 07673.
June 9, 2010
$2,412.50 $0.00 $180.00 $0.00 $2,232.50 $0.00 TOTAL FEES AND COSTS ALLOWED: $2,232.50
TOTAL FEES REQUESTED: TOTAL COSTS REQUESTED: TOTAL FEES REDUCED: TOTAL COSTS REDUCED: TOTAL FEES ALLOWED: TOTAL COSTS ALLOWED: 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 appears on the left of each underlined entry. The numerical notations correspond to the enumerated paragraphs below.(1) Clerical Work Not Compensable
The court disallows the compensation of clerical or stenographic employees of the professional for the performance of routine clerical or administrative activities in the normal course of the professional's business, such as photocopying, secretarial work, or routine filing. Such activities are not in the nature of professional services and must be absorbed by the applicant's firm as an overhead expense. In re Dimas, LLC, 357 B.R. 563, 577 (Bankr. N.D. Cal. 2006) (citing Missouri v. Jenkins, 491 U.S. 274, 288 n. 10 (1989)). See also In re Chellino, 209 B.R. 106, 114 (Bankr. C.D. Ill. 1996) (Paralegal, but not "clerk" services entitled to compensation at an hourly rate; clerk activities are overhead of the professional); Souza v. Miguel, 32 F.3d 1370, 1375 (9th Cir. 1994) (Trustee not entitled to reimbursement or compensation of overhead expenses such as secretarial, stenographic, clerical, and routine messenger services).
(2) Trustee Work Can Not Be Compensated As Professional Services
"The Trustee cannot effectively expand the maximum limits of Section 326(a) by hiring other people to perform his duties for him, whether they are paralegals, attorneys, accountants or other professional persons, and utilize the potentially unlimited scope of Section 330 as a basis for award of reasonable compensation." Boldt v. United States Trustee (In re Jenkins), 130 F.3d 1335, 1341 (9th Cir. 1997) (quoting In re Prairie Cent. Ry. Co., 87 B.R. 952, 959 (Bankr. N.D. Ill. 1988)).
EXHIBIT A
Services Rendered Date Staff Description Hours Rate Charges Leg — Asset Disposition Leg — Case Administration Leg — Claims Admin Objections Leg — Fee/Empl Applications Leg — Fee/Empl Objections $2,582.50 Phase Table Phase Hours Fees Rate Expenses Charges
Lakelaw 420 West Clayton Street Waukegan, IL 60085-4216 Date: 5/18/2010 Regarding: LorenzenStephanie.Legal Invoice No: 05814 2/15/2010 CAC Review and revise Motion to Sell 2003 0.40 $300.00 $120.00 Volkswagen Passat 2/15/2010 MIG Draft motion to sell equity in 2003 1.00 $150.00 $150.00 passat 2/16/2010 MIG prepared to file Motion to authorize sell 0.20 $150.00 $30.00 of equity on vehicle by printing docs. to pdf 2/16/2010 MIG Electronically filed Motion to authorize 0.40 $150.00 $60.00 sell of equity on vehicle 3/10/2010 JTB Prepare and Attend Court Hearing RE: 1.00 $350.00 $350.00 Motion to Approve Sale of Vehicle __________ Sub Total: Leg — Asset Disposition $710.00 1/15/2009 NDT Telephone conference with 0.60 $150.00 $90.00 condominnium asssociation re: state of property title, bk procedure, and possible offer from nieghbor 11/03/2009 MIG Draft objection to claim no. 2 0.50 $100.00 $50.00 11/13/2009 VME Prepared to filed objection to Claim 2 by 0.20 $150.00 $30.00 printing docs to ppf. 11/13/2009 VME Electronically filed objection to Claim 2 0.40 $150.00 $60.00 11/13/2009 VME Service of objection to Claim 2 0.20 $150.00 $30.00 12/15/2009 JTB Attend Hearing RE: Objection to 1.10 $350.00 $385.00 Parent's proof of claim 1/06/2010 MIG Draft amended objection to claim 2 0.50 $100.00 $50.00 1/07/2010 MIG Conference David re amended objection 0.10 $100.00 $10.00 to claim. He'll review it later today 1/11/2010 MIG Prepared to file supplement to objection 0.20 $100.00 $20.00 to claim No. 2 by printing to pdf 1/11/2010 MIG Electronically filed supplement to 0.40 $100.00 $40.00 objection to claim No. 2 and Notice of Filing 1/11/2010 MIG Service of supplement to objection to 0.30 $100.00 $30.00 claim No. 2 and Notice of Filing 1/11/2010 MIG Prepared Notice of Filing for supplement 0.20 $100.00 $20.00 on objection to claim 1/11/2010 MIG Conference with CAC re filing 0.40 $100.00 $40.00 supplement, and made revisions per review 1/19/2010 DPL Attended to hearing on objection to 0.50 $625.00 $312.50 claims __________ Sub Total: Leg — Claims Admin Objections $1,077.50 9/30/2008 CAC Court — Motion to employ granted 1.00 $250.00 $250.00 3/10/2010 MIG Review of billing in preparation of Fee 0.40 $150.00 $60.00 app 4/27/2010 MIG Prepared Coversheet for Lakelaw's fee 0.30 $150.00 $45.00 application 4/27/2010 MIG Review of Lakelaw's Fee Application 0.40 $150.00 $60.00 4/27/2010 MIG Draft of Fee Application 0.80 $150.00 $120.00 4/28/2010 JPE Revise fee application; phases for some 0.20 $250.00 $50.00 items adjusted; email MIG to re- generate application for final review. __________ Sub Total: Leg — Fee/Empl Applications $585.00 5/06/2010 CAC Review and revise Trustee's Application 0.40 $300.00 $120.00 for Compensation __________ Total Fees $2,582.50 Previous Balance $0.00 __________ Balance Due Leg — Asset Analysis Discovery 0.00 $0.00 0.00 $0.00 $0.00 Leg — Asset Disposition 1.60 $240.00 150.00 $0.00 $240.00 Leg — Asset Disposition 0.40 $120.00 300.00 $0.00 $120.00 Leg — Asset Disposition 1.00 $350.00 350.00 $0.00 $350.00 Leg — Business Operations 0.00 $0.00 0.00 $0.00 $0.00