Opinion
23-10094
01-05-2024
In re: WAYLAN PHILLIPS, Debtor
Chapter 13
ORDER GRANTING, IN PART, FEE APPLICATION OF SHANKMAN & ASSOCIATES
Michael A. Fagone United States Bankruptcy Judge
On August 30, 2023, Shankman & Associates filed its First and Final Application for Compensation [Dkt. No. 22] ("Fee Application"). The Chapter 13 Trustee objected to individual entries on the billing detail attached to the Fee Application. The Court held hearings on the Fee Application on October 6 and December 14, 2023. Although the Debtor had filed no written objection, he expressed general concerns about the Fee Application's reasonableness during a hearing. No one from Shankman & Associates appeared at either hearing.
Shortly after filing the Fee Application, counsel at Shankman & Associates withdrew from his representation of the Debtor, and the Debtor is now represented by successor counsel from another law firm.
The Fee Application is granted, in part, as set forth in this Order. Shankman & Associates is awarded $3,240.00 as reasonable compensation for actual, necessary services rendered, and $397.50 as reimbursement for actual, necessary expenses, for a total award of $3,637.50. This award is made under 11 U.S.C. § 330(a)(4)(B).
In making this award, the Court has disallowed $430.00 in fees that were objected to by the Trustee because the Court finds the Trustee's objection to be persuasive. The Court has also disallowed a further $100.00 in fees because the Court cannot determine, from the information and context provided in the billing detail, whether certain services rendered were necessary and, if so, whether the compensation requested for them is reasonable. See 11 U.S.C. § 330(a)(1)(A). The affected entries are listed below.
Date
Description
Timekeeper
Hours
Total
5/8/2023
CONFERENCE WITH NEIL RE WHETHER HE WILL BE PROCEEDING ON CASE
JPW
0.1
$10.00
6/26/2023
REVIEW HEARING ISSUES; DRAFT CERTIFICATE FOR CLIENT
NSS
0.3
$90.00