In Re Jefsaba, Inc.

172 B.R. 786, 1994 Bankr. LEXIS 1539, 1994 WL 531545
United States Bankruptcy Court, E.D. Pennsylvania·Decided September 28, 1994·No. 19-11667·Published·Cited by 22 cases

Opinion

OPINION

DIANE WEISS SIGMUND, Bankruptcy Judge.

Before this Court are the contested fee applications of various professionals who provided services in the above bankruptcy case. 1 Applying for approval of fees and reimbursement of expenses are counsel to the Debtor, Obermeyer, Rebmann, Maxwell and Hippel (“Obermeyer”); counsel to the Committee for Unsecured Creditors (the “Committee”), Adelman, Lavine, Gold and Levin (“Adel-man”); appraiser for the Committee, Reaves Lukens Company (“Lukens”); accountant to the Committee, Concannon, Gallagher, Miller and Co. (“Concannon”); and Debtor’s management company, S.L.G. (“S.L.G.”).

BACKGROUND

Jefsaba, Inc., trading as “Holiday Inn of New Hope”, filed a voluntary petition for *796 relief under Chapter 11 of the United States Bankruptcy Code (the “Code”) on August 26, 1991. Although efforts were made to restructure the business and its obligations to both secured and unsecured creditors, each of the Debtor’s three proposed plans 2 failed to obtain confirmation. The Chapter 11 case was converted to a case under Chapter 7 by Order dated May 17, 1994.

Hearings on the fee applications and objections were held before Judge Twardowski on December 15, 1992 and July 13, 1993. Prior to and following the reassignment of this case, the parties were attempting to negotiate a settlement of these and various other pending motions, all of which have now been resolved other than these applications. Because the record on these matters was made before another bankruptcy judge, a series of status conferences were held to ascertain, inter alia, whether any applicant wished to supplement the record. None did. Additionally, the parties were asked to submit to the Court a listing of the pleadings, exhibits, testimony and briefs they are relying upon in support of their applications and objections.

DISCUSSION

This case provides the Court with its first significant opportunity to present its views on issues relating to fee applications. While the issues we address were in this case raised by the parties’ objections, they are the issues we would consider in the exercise of our independent duty to review fee applications as recently pronounced by the Third Circuit Court of Appeals in In re Busy Beaver Building Centers, Inc., 19 F.3d 833, 841 (3d Cir.1994). 3 This duty has compelled us in certain circumstances here to go beyond matters raised by the parties’ objections.

Although the following is a detailed discussion of our views on various compensation issues, our statements herein are not to be construed as hard and fast rules. Examples used are merely for illustration and are not intended to be inclusive or exclusive, or without exception in the appropriate situation. Each application must be considered on a case by case basis in light of its particular facts and circumstances. Innumerable factors present in any one case are liable to produce differing results on seemingly similar issues.

I.

The Standard for Assessing the Reasonableness of Fees.

A. Hourly Rates. Here, as in other cases, parties have objected to the hourly rates charged by certain of the professionals as excessive. We reject any per se rule that establishes an inflexible cap on allowable rates. Instead, a determination that the requested fees are reasonable requires a two-step process. First, the Court must consider the experience and skill of the professionals in the ease. Having done so, the Court must then ask whether the requested fees comport with the market cost for a professional with such experience and skills.

Articulating this approach is far easier than implementing it. While it may be relatively easy to ascertain the experience and skill of a professional based on information contained in the retention application and performance before the Court, our inquiry does not end there. This Court will scrutinize whether the appropriate professional or paraprofessional is assigned to the various tasks performed. We review fee applications paying particular attention to the level of professional (senior partner, junior partner, associate, paraprofessional), billing time viz a viz the complexity of the task being performed. The nature, extent and complexity

*797 of the task at hand determines the level of professional or paraprofessional who should perform the task, and, consequently, the reasonableness of the fees charged for the services. Id. at 852-53. It is unreasonable for a senior attorney to perform routine tasks such as preparing a debtor’s schedules and statements, drafting a simple motion, or coordinating exhibits for a trial. These are tasks that a junior associate or even a paralegal can adequately perform. 4 Consequently, fees charged at a senior attorney’s hourly rate for such services are unreasonable. See Lindy Bros. Builders, Inc. v. American Radiator & Std. Sanitary Corp., 487 F.2d 161, 167 (3d Cir.1973) (stating “the court may find that the reasonable rate of compensation [for the same person] differs for different activities”), appeal after remand, 540 F.2d 102 (3d Cir.1976) (en banc). See also, In re Fine Paper Antitrust Litigation, 751 F.2d 562, 591 (3d Cir.1984) (same). As the Busy Beaver Court observed:

At least absent justifying circumstances (such as time pressures not brought on by a lack of diligence, the excusable non-availability of a less experienced employee, or an inability to delegate the task efficiently, perhaps because the learning curve renders effective delegation infeasible), “[w]hen an experienced attorney does clerk’s work, he or she should be paid clerk’s wages.” In re Vogue, 92 B.R. [717] at 718 [ (Bkrtcy.E.D.Mich.1988) ]. Section 330(a) is not coy about this matter, but states expressly that how much compensation is reasonable depends on the nature and value of the services, as measured by the cost of comparable services.

Id. at 855.

We recognize that our general requirement that the appropriate level of person be matched to the task at hand is not without exception. As noted by the Court of Appeals in Busy Beaver, there are justifying circumstances that require relaxation of this rule. Bankruptcy courts in setting fees under § 330 should allow professionals the same leeway in the types of tasks billed for as clients would ordinarily allow in a non-bankruptcy setting. Id. However, we will look to professionals seeking compensation under § 330 to exercise common sense and “billing judgment” and to make clear in their fee applications when these justifying circumstances have arisen.

In determining the reasonableness of fees requested under § 330, the Court of Appeals in Busy Beaver

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In Re Jefsaba, Inc., 172 B.R. 786, 1994 Bankr. LEXIS 1539, 1994 WL 531545 (Pa. 1994).

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