In re: Bamby Express, Inc.

United States Bankruptcy Court, N.D. Illinois·Decided April 15, 2025·No. 24-13689·Unknown

Opinion

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) In re: ) Case No. 24bk13689 ) Bamby Express, Inc., ) Chapter 11 ) Debtor. ) Judge Timothy A. Barnes FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO SPRINGER LARSEN, LLC, ATTORNEYS FOR THE DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TOTAL FEES REQUESTED: $ 14,089.50 TOTAL COSTS REQUESTED: $ 1,787.62 TOTAL FEES REDUCED: $ 1,594.95 TOTAL COSTS REDUCED: $ 0.00 TOTAL FEES ALLOWED: $ 12,494.55 TOTAL COSTS ALLOWED: $ 1,787.62 TOTAL FEES AND COSTS ALLOWED: $14,282.17 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) Unauthorized Work – TOTAL of disallowed amounts $ 1,395.00 The Court denies the allowance of compensation for work done prior to the authorization of retention. In re Spanjer Bros., Inc., 203 B.R. 85, 94 (Bankr. N.D. Ill. 1996) (Squires, J.) (“The Court will not retrospectively allow any of the time expended prior to the time of the authorized retention because to do so would be to reward any delay or tardiness in promptly seeking retention. To allow bootstrapping of objected to fees paid at the expense of unsecured creditors undermines the policy in favor of prompt application for retention by professionals who will be seeking compensation from the bankruptcy estate. See generally 11 U.S.C. § 327 (prerequisite to the allowance of any fees or expenses that professional be employed); In re Peoples Sav. Corp., 114 B.R. 151, 154 (Bankr. N.D. Ill. 1990) (‘In the absence of a court order approving the Applicant’s employment, there is no statutory basis upon which the Court can make a fee award.’)”). (2) Lumping – TOTAL of disallowed amounts (10% of affected entries): $ 199.95 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.”’). SEs Dated: April 15, 2025 > = ‘Timothy A. Barnes, Judge United States Bankruptcy Court

Bamby Express, inc 24-13689

Pe [eel eee nome ely ) Prepare case for filing and prepare all attachments required to be filed with 9/16/2024 Subchapter V case. RGL 3.00 $1,395.00 Make final corrections to petition and schedules and file the same with (ae, Leta Lae | 9/18/2024 1106 of the Bankruptey Code. Richard 0,20 $93.00 Send email to Jennifer Toth and Ira Bodenstein re: continuing initial Debtor Read and respond to Ira Bodenstein's email re: items missing from budget.

Financing and Payment Issues Prepare notice of motion and motion to use cash collateral through Oct. 11, Email with counsel for Small Business Administration re: corrections to Ist Make revisions to proposed cash collateral order per discussion with SBA Court Appearance via zoom before Judge Barnes. Present motion for interim | sasoes_fecorahanacay Pen To | sussoo

Court Appearance before Judge Barnes for entry of third interim order

Prepare notice of motion to set bar date for claims and prepare attached Prepare proposed order and budget for fourth interim order approving cash Court Appearance before Judge Barnes for continued hearing on use of cash

Prepare certificate of service and serve order and notice of bar date on all Court appearance on continued cash collateral. Enter fifth interim order Court Appearance on continued cash collateral status and enter seventh

Prepare and file monthly operating reports for September 17 through

Bamby Express, Inc 24-13689 1/28/2025 Prepare and file December monthly operating report. Richard $465.00 Receipt and review email from US Trustee Auditor Jennifer Toth regarding Pf |__2/28/2025 [regarding fixing those issues. Richard | 030 _—$139.50 Prepare amended monthly operating report for October per Jennifer Toth 3/3/2025 letter, and prepare and file January operating report. Richard 0.50 $232.50 TOTAL: $1,534.50 [teparton of Subchapter pan af worgaiation for Bany Express mz | ro | 300 | suasoo | 12/4/2024 Review initial draft of plan with client and make appropriate revisions. RGL $465.00 Conference with Dusan Cirkovic reviewing plan and preparing projections of 12/5/2024 income and expenses to be attached to the plan. RGL 1.00 $465.00 Compose letter to Ira Bodenstein with copy of draft of proposed plan for 12/9/2024 Debtor and provide explanation of plan and feasibility. RGL 0.50 $232.50 Make final revisions to Chap. 11 small business plan. Adjust projections 12/13/2024 — where required and file plan and attachments with court, Richard L.00 $465.00 Vp POdHOlS. ANd ODJTECHIONS tO Pian. FI rseneauine pian fo 0 ee ences rnernnen | 1.00 | $465.00 | 1/29/2025 Read and respond to Karen Newbury re: issues with the current plan. Richard $93.00 Prepare amended chap. 11 plan per discussions with Karen Newberry and Ira 2/3/2025 Bodenstein. File amended plan with court Richard 0.50 $232.50 3/6/2025 [Prepare ballot report and file. Richard $465.00 3/12/2025 _| Prepare confirmation order. $186.00 Attend confirmation hearing before Judge Barnes. Confirmation of the plan 3/12/2025 approved. Richard 1.00 $465.00 TOTAL: 10.60 $4,929.00

CA Prepare notice of motion and application to employ our law firm as attorneys 10/16/2024 _| for debtor. Richard 0.50 $232.50 10/30/2024 [Court Appearance on motion to employ counsel. $139.50 Prepare Application for allowance of compensation and reimbursement of 3/17/2024 fees RGL $465.00 TOTAL: $837.00

TOTAL: 30.30 $14,089.50

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In re: Bamby Express, Inc., (Ill. 2025).

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Related

In Re Wildman
72 B.R. 700 (N.D. Illinois, 1987)
In Re Peoples Savings Corp.
114 B.R. 151 (N.D. Illinois, 1990)
In Re Spanjer Bros., Inc.
203 B.R. 85 (N.D. Illinois, 1996)