Opinion
Case No. 18bk07325
08-23-2018
Chapter 13
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO GERACI LAW LLC, ATTORNEYS FOR DEBTORS, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES
TOTAL FEES REQUESTED: | $ 5,638.15 | TOTAL COSTS REQUESTED: | $ 0.00 |
TOTAL FEES REDUCED: | $ 934.50 | TOTAL COSTS REDUCED: | $ 0.00 |
TOTAL FEES ALLOWED: | $ 4,703.65 | TOTAL COSTS ALLOWED: | $ 0.00 |
TOTAL FEES AND COSTS ALLOWED: $4,703.65
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) Insufficient Description - TOTAL of disallowed amounts: $844.50
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).
In this case, counsel frequently referenced to calls and texts to the client without providing sufficient information for the court to determine whether the time spent was beneficial to the estate.
(2) Improper Allocation of Professional Resources - TOTAL of disallowed amounts: $90.00
The Court denies the allowance in part of compensation for the indicated task(s) as a professional with a lower level of skill and experience or a paraprofessional could have performed the task(s). In re Pettibone, 74 B.R. 293, 303 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) ("Senior partner rates will be paid only for work that warrants the attention of a senior partner. A senior partner who spends time reviewing documents or doing research a beginning associate could do will be paid at a rate of a beginning associate. [Citation omitted]. Similarly, non-legal work performed by a lawyer which could have been performed by less costly non-legal employees should command a lesser rate."); In re Wildman, 72 B.R. 700, 710 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (same); In re Alberto, 121 B.R. 531, 535 (Bankr. N.D. Ill. 1990) (Squires, J.) (determining use of partner appropriate where attendant complex legal issues warrant highly experienced practitioner). Dated: 23 AUG 2018
/s/_________
Timothy A. Barnes
United States Bankruptcy Judge