In Re Convent Guardian Corp.

103 B.R. 937, 1989 Bankr. LEXIS 1271, 1989 WL 87930
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedAugust 4, 1989
Docket16-05709
StatusPublished
Cited by36 cases

This text of 103 B.R. 937 (In Re Convent Guardian Corp.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Convent Guardian Corp., 103 B.R. 937, 1989 Bankr. LEXIS 1271, 1989 WL 87930 (Ill. 1989).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART THE FIRST AND THE SECOND APPLICATIONS OF AL-THEIMER & GRAY FOR REIMBURSEMENT OF EXPENSES

SUSAN PIERSON DeWITT, Bankruptcy Judge.

This matter comes before the Court on the Motion for Reconsideration of the Order Denying the First Application for Fees and Reimbursement of Expenses filed by Antonow & Fink, counsel for the Debtors, the Second Application for Fees and Expenses filed by Altheimer & Gray, on behalf of and as successor to Antonow & Fink, the Objection of the U.S. Trustee to the Debtor’s Second Application for Fees, the Objection of the Unsecured Creditors’ Committee for Sidney N. Weniger to the Second Application for Fees, and the Response and the Objection of the Federal Savings and Loan Insurance Corporation (“FSLIC”), as receiver for FirstSouth, F.A., to the Second Application. Now, therefore, for the reasons set forth below, the expense portions of the First and the Second *939 Applications for Fees and Expenses are granted in part and denied in part.

BACKGROUND

In the First Application for Fees and Expenses, Antonow & Fink requested attorneys’ fees in the amount of $502,749.50 and expenses in the amount of $42,946.50 for services performed and expenses incurred from February 11, 1987 through September 30, 1987. On June 1, 1988, the Court entered an Order denying Antonow & Fink’s Application primarily because counsel failed to allocate the fees among the seven separate estates. In response, Antonow & Fink filed a Motion for Reconsideration of the June 1, 1988 Order.

In its Second Application for Fees and Expenses, Altheimer & Gray, on behalf of and as successor to Antonow & Fink, requests $411,840.50 for fees and $41,638.93 in expenses for the time period from October 1, 1987 to June 30, 1988.

On November 18, 1988, the Court conducted a hearing on the Second Application for Fees and on the Motion for Reconsideration. At the hearing, the U.S. Trustee, the Unsecured Creditors’ Committee, and the FSLIC withdrew their objections based on Melanie Rovner Cohen’s representations that Altheimer & Gray would voluntarily reduce the amount of fees requested by $275,000.00, and furthermore, that four of the seven estates would be substantively consolidated. 1

On February 1, 1989, the Court, based on Melanie Rovner Cohen’s representations, entered an Order awarding Altheimer & Gray $639,590.00 in fees. However, the Court further ordered that the expense portions of the First and Second Applications remain under advisement. Thus, this Memorandum Opinion and Order will deal solely with the expense portions of the Applications.

ANALYSIS

Pursuant to Section 331 ,of the Bankruptcy Code, counsel for a debtor may apply to the court, not more than once every 120 days, unless the court orders otherwise, for compensation for services rendered and for reimbursement of expenses. Thus, the bankruptcy court has independent authority and responsibility to determine the reasonableness of compensation awarded. In re Meade Land and Development Co., Inc., 527 F.2d 280, 283 (3rd Cir.1975); Matter of Affinito & Son, Inc., 63 B.R. 495, 497 (Bankr.W.D.Pa.1986); In re N.S. Garrott & Sons, 54 B.R. 221, 222 (Bankr.E.D.Ark.1985); In re Smith, 48 B.R. 375, 379 (Bankr.C.D.Ill.1984). Moreover, the applicant carries the burden of establishing that it is entitled to certain expenses. Affinito, 63 B.R. at 497. The Court will not assume any expense is necessary. See In re Lindberg Products, Inc., 50 B.R. 220, 221 (Bankr.N.D.Ill.1985); In re Four Star Terminals, Inc., 42 B.R. 419, 429 (Bankr.D.Alaska 1984); In re Harman Supermarket, Inc., 44 B.R. 918, 920 (Bankr.N.D.Va.1984).

Bankruptcy Rule 2016 provides that “an entity seeking interim or final compensation for services, or reimbursement of necessary expenses, from the estate shall file with the court an application setting forth a detailed statement of (1) the services rendered, time expended and expenses incurred, and (2) the amounts requested.” (emphasis added) The Application should contain a detailed list of expenses including the date, the type and the amount. Expenses must be actual not estimates. In re Wildman, 72 B.R. 700, 731 (Bankr.N.D.Ill.1987); In re Marsh, 14 B.R. 615, 617 (Bankr.E.D.Va.1981). An expense is necessary if it was incurred because it was reasonably needed to accomplish the proper representation of the client. Wildman, 72 B.R. at 731.

Expenses which are overhead are not compensable because they are built into the hourly rate. See Wildman, 72 B.R. at 731; In re Pacific Express, Inc., 56 B.R. 859, 865 (Bankr.E.D.Cal.1985). Overhead, *940 for bankruptcy purposes, includes “all continuous administrative or general costs or expenses incident to the operation of the firm which cannot be attributed to a particular client or cost.” In re Thacker, 48 B.R. 161, 164 (Bankr.N.D.Ill.1985), quoting, In re Jensen-Farley Pictures, Inc., 47 B.R. 557, 584 (Bankr.D.Utah 1985).

Given the broad definition of overhead, the courts are split as to which expenses actually constitute overhead. Some bankruptcy courts deny reimbursement for meals 2 , word processing 3 , messenger service 4 , taxi fares and parking 5 , photocopying and postage 6 , express mail services 7 , and legal computer costs 8 . However, some courts hold that the aforementioned expenses are compensable. See, e.g., In re Seneca Oil Company, 65 B.R. 902, 913 (Bankr.D.Kan.1986) (Photocopying, extraordinary postage, long distance telephone charges, computer research time, required out-of-town meals, lodging and transportation allowed if shown to be reasonable and necessary); In re Thacker, 48 B.R. 161, 164 (Bankr.N.D.Ill.1985) (Court fees, transcription fees, out-of-town travel expenses, delivery service, long distance telephone calls and postage expenses are not overhead.) While some courts allow photocopying charges, messenger charges, long distance telephone charges and travel expenses, some courts disallow those expenses when there is insufficient detail to determine whether the expenses are necessary or reasonable. See, e.g., In re Thacker, 48 B.R. at 165; In re Tolan, 41 B.R. 751, 756 (Bankr.M.D.Tenn.1984); In re G.W.C. Financial & Insurance Services, Inc., 8 B.R. 122, 127 (Bankr.C.D.Cal.1981).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

NCW Properties, LLC
N.D. Illinois, 2019
In Re Eckert
414 B.R. 404 (N.D. Illinois, 2009)
In Re Crafts Retail Holding Corp.
378 B.R. 44 (E.D. New York, 2007)
In Re Palladino
267 B.R. 825 (N.D. Illinois, 2001)
In Re Berg
268 B.R. 250 (D. Montana, 2001)
In Re Crown Oil, Inc.
257 B.R. 531 (D. Montana, 2000)
In Re Grosswiler Dairy, Inc.
257 B.R. 523 (D. Montana, 2000)
In Re Mahaffey
247 B.R. 823 (D. Montana, 2000)
Stroock & Stroock & Lavan v. Hillsborough Holdings Corp.
127 F.3d 1398 (Eleventh Circuit, 1997)
In Re Chellino
209 B.R. 106 (C.D. Illinois, 1996)
In Re Spanjer Bros., Inc.
191 B.R. 738 (N.D. Illinois, 1996)
In Re Lund
187 B.R. 245 (N.D. Illinois, 1995)
In re Marion Carefree Ltd. Partnership
171 B.R. 261 (N.D. Ohio, 1994)
In Re Begun
162 B.R. 168 (N.D. Illinois, 1993)
In Re Sirefco Inc.
144 B.R. 495 (D. Montana, 1992)
In Re New Hampshire Electric Cooperative, Inc.
146 B.R. 890 (D. New Hampshire, 1992)
In Re Price
143 B.R. 190 (N.D. Illinois, 1992)
In Re Rheam of Indiana, Inc.
137 B.R. 151 (E.D. Pennsylvania, 1992)
In Re Gillett Holdings, Inc.
137 B.R. 475 (D. Colorado, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
103 B.R. 937, 1989 Bankr. LEXIS 1271, 1989 WL 87930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-convent-guardian-corp-ilnb-1989.