In re Duc Cong Vuong

525 B.R. 61, 2015 Bankr. LEXIS 348, 60 Bankr. Ct. Dec. (CRR) 160, 2015 WL 509663
CourtUnited States Bankruptcy Court, S.D. Texas
DecidedFebruary 4, 2015
DocketCASE NO. 10-80206-G3-7
StatusPublished

This text of 525 B.R. 61 (In re Duc Cong Vuong) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Duc Cong Vuong, 525 B.R. 61, 2015 Bankr. LEXIS 348, 60 Bankr. Ct. Dec. (CRR) 160, 2015 WL 509663 (Tex. 2015).

Opinion

MEMORANDUM OPINION

LETITIA Z. PAUL, UNITED STATES BANKRUPTCY JUDGE

The court has held an evidentiary hearing on the “Application for Trustee’s Compensation and Expenses” (Docket No. 115) filed by Janet S. Northrup, the Chapter 7 Trustee. The instant case involves the intersection of the efforts of various parties to a bankruptcy case: the Chapter 7 trustee, the Chapter 7 trustee’s assistant, the United States trustee, the Administrative Office of the United States Courts, and the court. Although the amount in controversy is small, the decisions made with respect to the issues in the instant case potentially have a broad-ranging impact on the administration of Chapter 7 cases filed in this court. The following are the Findings of Fact and Conclusions of Law of the court. A separate Judgment will be entered granting in part, and denying without prejudice in part, the instant application. To the extent any of the Findings of Fact are considered Conclusions of Law, they are adopted as such. To the extent any of the Conclusions of Law are considered Findings of Fact, they are adopted as such.

Findings of Fact

Due Cong Vuong (“Debtor”) filed a voluntary petition under Chapter 11 of the Bankruptcy Code on April 5, 2010. The case was converted to Chapter 7 by order entered on September 20, 2010. (Docket No. 34). Janet S. Northrup (“Trustee”) is the Chapter 7 Trustee.

In the instant application, Trustee seeks allowance of the statutory maximum of $7,562.71 -in compensation, plus $773.23 in expenses. (Docket No. 115).

The United States Trustee (“UST”) objects to $571.43 of Trustee’s1 asserted expenses. UST asserts that the $571.43 represents expenses for paralegals performing routine trustee duties, and thus those expenses are not allowable in addition to the trustee’s statutory compensation. UST also asserts that no compensation should be allowed for preparation of Trustee’s distribution report — services which have not yet been rendered. (Docket No. 116).

UST states in-its objection to the instant application that, “[pjursuant to the ‘Amended Memorandum of Understanding Between The Executive Office For United States Trustees And The Administrative Office Of The United States Courts Regarding Case Closing and Post Confirmation Chapter 11 Monitoring,’ (‘MOU’), the UST is required to review final reports in chapter 7 asset cases, to notify the chapter 7 trustee of any deficiencies, problems or mistakes for corrective action, and to file an objection where unresolved deficiencies exist.” (Docket No. 116).1

Trustee asserts that UST is bound by the bankruptcy court’s opinion in In re Abraham, 163 B.R. 772 (Bankr.W.D.Tex. 1994), under principles of collateral estoppel. Trustee asserts that the court in Abraham allowed fees for a trustee’s paraprofessionals as an administrative expense. Trustee asserts that UST must treat cases the same in the Southern District of Texas and the Western District of Texas. (Docket No. 119).

The parties stipulate that Trustee has disclosed $86,254.12 in total receipts, [64]*64$53,099.73 in interim disbursements, and a cash balance on hand of $33,154.39. The parties stipulate that Trustee has proposed to distribute $8,985.94 to all unpaid chapter 7 administrative expense claimants, $0 to secured creditors, $911.60 to priority creditors, and $23,256.85 to general unsecured creditors. (Docket No. 128).

The parties stipulate that the disputed paralegal time entries aggregate 13.1 hours, billed at $43.62 per hour. (Docket No. 128).

The time entries as to which the dispute has arisen state as follows, with respect to the time of Turea Simpson, Trustee’s paralegal:

Date Description . Time & Rate Amount

01/25/2014 Paralegal: TDR: 3.00 @ $43.62 $130.86 Estimated time to prepare trustee’s report of distribution.

01/25/2014 Paralegal: Prepare 7.00 @ $43.62 $305.34 trustee’s final report: review claims, schedules, and docket; review file and documents; prepare email to UST; draft cover letter to UST; prepare notice of submission; review bank statements; e-file notice of submission of final report.

03/10/2014 Paralegal: Telephone 0.50 @ $43.62 $ 21.81 conference with Heather Lingle regarding Pappas claims and withdrawing. Exchange emails with Heather. File withdrawal.

07/01/2014 Paralegal; Review 0.30 @ $43.62 $ 13.09 emails from creditor. Contact Linda Wilson regarding potential duplicate claim.

07/01/2014 Paralegal: Estimated 0.30 @ $43.62 $ 13.09 time to prepare and distribute funds for TFR.

[65]*6507/01/2014 Paralegal: Revise 1.00 @$43.62 $43.62 trustee’s final report. Update claims. Review claims register.

07/02/2014 Paralegal: Revise 1.0.0 @ $43.62 $43.62 trustee’s final report. Confirm creditor class. Read and respond to email from Linda Wilson regarding creditor’s claims.

(Docket No. 128).

At the hearing on the instant application, Trustee testified that she personally has the capability to perform the services that were performed by Simpson in the instant case. She testified that the services were of the sort that a trustee could routinely perform without employing a professional. She testified that the services have always been performed by her clerical or paraprofessional staff. She testified that all trustees delegate most of those services to their paraprofessionals.

Conclusions of Law

Section 704(a) of the Bankruptcy Code sets forth a list of duties of a trustee. Those duties include to, “if a purpose would be served, examine proofs of claims and object to the allowance of any claim that is improper.” 11 U.S.C. § 704(a)(5), and to “make a final report and file a final account of the administration of the estate with the court and with the United States trustee.” 11 U.S.C. § 704(a)(9). The services identified in the disputed time entries relate to these duties.

Section 327(a) of the Bankruptcy Code provides:

(a) Except as otherwise provided in this section, the trustee, with the court’s approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons, that do not hold or represent an interest adverse to the estate, and that are disinterested persons, to represent or assist the trustee in carrying out the trustee’s duties under this title.

11 U.S.C. § 327(a).

Section 330(a)(1) of the Bankruptcy Code provides:

(a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103—
(A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, ombudsman, professional person, or attorney and by any paraprofessional person employed by any such person; and

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In Re Pruitt
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In Re Abraham
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In re Bechuck
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Cite This Page — Counsel Stack

Bluebook (online)
525 B.R. 61, 2015 Bankr. LEXIS 348, 60 Bankr. Ct. Dec. (CRR) 160, 2015 WL 509663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-duc-cong-vuong-txsb-2015.