In re Acis Capital Mgmt., L.P.

603 B.R. 300
United States Bankruptcy Court, N.D. Texas·Decided May 31, 2019·No. Case No. 18-30264-SGJ-11; Case No. 18-30265-SGJ-11 (Jointly Administered Under Case No. 18-30264-SGJ-11)·Published·Cited by 1 cases

Opinion

ACCORDINGLY, IT IS HEREBY DETERMINED, FOUND, ADJUDGED, DECREED AND ORDERED THAT:

A. Findings and Conclusions . All findings of fact or conclusions of law made by the Court on the record at the Hearing are hereby incorporated in their entirety into this Order. The findings and conclusions set forth herein and in the record of the Hearing constitute the Court's findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052 as made applicable herein by Bankruptcy Rule 9014. To the extent any of the following findings of fact constitute conclusions of law, they are adopted as such. To the extent any of the following conclusions of law constitute findings of fact, they are adopted as such.

B. Jurisdiction; Venue; Core Proceeding . The Court has jurisdiction over these bankruptcy cases pursuant to 28 U.S.C. sections 157(b) and 1334. Venue is proper *302before this Court pursuant to 28 U.S.C. sections 1408 and 1409. Consideration of the Final Application is a core proceeding pursuant to 28 U.S.C. section 157(b)(2)(A), (B) and (O) over which the Court has exclusive jurisdiction and full constitutional jurisdiction and authority to enter a final order with respect thereto.

C. Reasonableness of Compensation Requested . In the Final Application, the Trustee requests allowance of $453,699.63 in compensation for his services rendered as Chapter 11 Trustee for the Debtors for the period May 14, 2018, through February 15, 2019 (the "Application Period"). An award of compensation to a Chapter 11 Trustee is governed by section 330 of the Bankruptcy Code, subject to limitations contained in section 326 of the Bankruptcy Code. Subsection 330(a)(3) of the Bankruptcy Code provides a nonexclusive list of factors the Court must consider in determining the reasonableness of the compensation requested by the Trustee. The Court of Appeals for the Fifth Circuit has identified additional factors the Court must consider in this analysis. See In re First Colonial Corp. , 544 F.2d 1291 (5th Cir. 1977) ; Johnson v. Ga. Highway Express, Inc. , 488 F.2d 714 (5th Cir. 1974). As set forth below, the Court concludes upon consideration of such factors that the compensation requested by the Trustee is reasonable.

i. The Time and Labor Required . The Trustee expended 1,250.3 hours in rendering services in these cases during the Application Period, which spanned approximately nine months. The time and labor required of the Trustee was enormous given the contentious and complex nature of these cases. Highland and/or other of the Highland Entities objected to virtually every action proposed by the Trustee in these cases. In light of the demands placed upon the Trustee by the nature of these cases, the total of 1,250.3 hours expended by the Trustee is reasonable and was necessary for the Trustee to fulfill his fiduciary duties.

ii. The Novelty and Difficulty of Questions Involved . These cases involved questions and issues that were frequently both extremely novel and difficult.

iii. The Skill Requisite to Perform the Services Properly . The skill level required of a Chapter 11 Trustee in these cases was very high. These cases not only called for a Chapter 11 Trustee with extensive knowledge concerning Chapter 11 bankruptcy, but also someone who could comprehend the CLO industry and the various contracts and rights of the parties-in-interest. The Trustee possesses the high level of skill that was required to properly perform the services of a Chapter 11 Trustee in these cases.

iv. Preclusion of Other Employment . The amount of hours the Trustee was required to devote to these cases during the Application Period necessarily limited the Trustee's ability to accept other engagements during the Application Period.

v. The Fee Customarily Charged . The Trustee charged an hourly rate of $750 for his services in these cases. Such hourly rate is not the highest rate the Trustee has charged during his career. At previous points in the Trustee's career, he has charged an hourly rate in excess of $900. In the absence of the limitations of section 326(a) of the Bankruptcy Code, the Trustee would be entitled to seek compensation in the amount of $937,725 based upon 1,250.3 hours billed at his current, customary hourly rate of $750. In light of the contentiousness, complexity and unpleasantness of these cases, $937,725 is a reasonable amount for the services rendered by the Trustee. In the Final Application, the Trustee asserts that he is entitled to *303compensation of $453,699.63 after applying the formula set forth in section 326(a) of the Bankruptcy Code, which limits the maximum compensation that may be awarded to a Chapter 11 trustee. Under the Trustee's calculation, this yields an effective hourly rate for the Trustee of $362.87, which is less than half of his current, customary hourly rate of $750. The effective hourly rate yielded by the Trustee's calculation is not only much, much lower than his customary rate, it is lower than rates that are typically charged by professionals in Chapter 11 bankruptcy cases who possess experience and a level of skill commensurate with the Trustee. The Trustee's effective hourly rate in these cases, after application of the limitations of section 326(a) of the Bankruptcy Code, is unquestionably reasonable.

vi. Whether the Fee is Fixed or Contingent . The Trustee's fees for his services were fixed based upon the hours expended by the Trustee, subject to the limitations of section 326(a) of the Bankruptcy Code, but was contingent on the availability of funds in the estates for payment of the fees.

vii. The Limitations Imposed by the Client or Circumstances . The circumstances of these cases required the Trustee to act with deliberate speed. Many of the contested matters in these cases were heard on an expedited basis and a significant amount of discovery in these cases was conducted on an expedited schedule.

viii. Amount Involved and Results Obtained . The amount of compensation requested by the Trustee is unquestionably reasonable in light of the results obtained. Over $2 billion of assets were under management by the Trustee. The Trustee faithfully fulfilled his obligations and statutory duties as Chapter 11 Trustee for the Debtors. Through the Trustee's efforts, the ongoing business of the Debtors and the value of the Debtors' estates were maintained and preserved. The Trustee's efforts culminated with the confirmation of the Plan.

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In re Acis Capital Mgmt., L.P., 603 B.R. 300 (Tex. 2019).

603 B.R. 300 (In re Acis Capital Mgmt., L.P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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