In re: John J. McLaughlin

United States Bankruptcy Court, S.D. New York·Decided July 24, 2026·No. 25-30000·Unknown

Opinion

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x In re: Chapter 13 JOHN J. MCLAUGHLIN, Case No. 25-30000 (KYP) Debtor. -------------------------------------------------------------x

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART FINAL FEE APPLICATION OF GENOVA, MALIN & TRIER, LLP

APPEARANCES:

GENOVA, MALIN & TRIER, LLP Counsel to Debtor and Fee Applicant 1136 Route 9 Wappingers Falls, NY 12590 By: Andrea B. Malin, Esq. Of Counsel

CHAPTER 13 STANDING TRUSTEE 399 Knollwood Road, Suite 102 White Plains, NY 10603 By: Thomas C. Frost, Esq. Of Counsel

WILLIAM K. HARRINGTON UNITED STATES TRUSTEE, REGION 2 Leo O’Brien Federal Building 11A Clinton Avenue, Room 620 Albany, NY 12207 By: Alicia M. Leonard, Esq. Of Counsel

HONORABLE KYU YOUNG PAEK UNITED STATES BANKRUPTCY JUDGE

INTRODUCTION Genova, Malin & Trier, LLP (“GMT”), as counsel to Chapter 13 debtor John J. McLaughlin (“Debtor”), filed its final fee application seeking approval of legal fees in the amount of $25,095.00 and reimbursement of expenses in the amount of $294.30 (“Fee Application”).1 Chapter 13 Standing Trustee Thomas C. Frost, Esq. (“Trustee”) objects to the Fee Application2 as does the United States Trustee for Region 2 (“UST”).3 For the reasons stated, GMT’s (i) legal fees are REDUCED from $25,095.00 to $8,805.00, and (ii) expenses are ALLOWED in the amount of $294.30.

JURISDICTION This Court has jurisdiction over the Fee Application pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Reference (M-431), dated January 31, 2012 (Preska, C.J.) referring bankruptcy cases and proceedings to the Bankruptcy Judges of the Southern District of New York. The Fee Application is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (B), and (O). BACKGROUND4 A. GMT’s Legal Work in the Debtor’s Bankruptcy Case

1 See Final Fee Application of Genova, Malin & Trier, LLP as Counsel for the Debtor for Approval and Allowance of Compensation for Services Rendered and for Reimbursement of Expenses from May 22, 2025 through April 30, 2026, dated Apr. 30, 2026 (ECF Doc. # 64); see also Reply to the U.S. Trustee’s and the Chapter 13 Trustee’s Opposition to the Fee Application of Genova, Malin & Trier, LLP Pursuant to 11 U.S.C. § 330 and the Chapter 13 Trustee’s Request for the Imposition of Sanctions, dated June 17, 2026 (“Reply”) (ECF Doc. # 72). “ECF Doc. # _” refers to documents filed on the electronic docket of this bankruptcy case. “ECF Adv. P. Doc. # _” refers to documents filed on the electronic docket of the related adversary proceeding styled 845 Central Hudson Valley Properties LLC v. McLaughlin, Adv. P. No. 25-09100 (KYP). 2 See Affirmation in Opposition to Application for Final Allowance of Compensation and Expenses to Attorneys for Debtors Under 11 U.S.C. § 330 and § 503(a), dated June 2, 2026 (“Trustee Objection”) (ECF Doc. # 65). 3 See United States Trustee’s Objection to Final Fee Application of Genova, Malin & Trier, Filed on April 30, 2026, dated June 2, 2026 (“UST Objection”) (ECF Doc. # 66) 4 Certain facts set forth in this section were discussed and confirmed at the Hearing (defined infra) with all parties present. GMT filed a Chapter 13 bankruptcy petition on behalf of the Debtor on May 22, 2025 (“Petition Date”). (ECF Doc. # 1 (petition).) The GMT professionals who worked on the Debtor’s bankruptcy case were attorney Andrea B. Malin, Esq. (“Ms. Malin”) and legal assistant Dianna VanVoorhis. A summary of the work GMT performed during the case follows.

On June 9, 2025, Putnam County Department of Finance filed an objection to the Debtor’s Chapter 13 plan on the basis that it did not provide for the full payment of its tax claim. (ECF Doc. # 14 (Putnam County objection).) After discussions with the Debtor and the county, GMT filed an amended plan on the Debtor’s behalf, and the county withdrew its plan objection on January 8, 2026. (ECF Doc. # 51 (letter withdrawing objection).) GMT professionals spent 3.4 hours on this matter with legal fees totaling $1,080.00. (See Fee Application ¶¶ 17-20.) On July 21, 2025, GMT filed a motion under 11 U.S.C. §§ 506(a), 506(d), and 1322(b)(2) to bifurcate the secured claim filed by 845 Central Hudson Valley Properties, LLC (“845 Central”) into secured and unsecured portions based on the Debtor’s asserted value of the underlying collateral. (ECF Doc. # 21 (lien bifurcation motion).) After

lengthy negotiations, the parties entered into a stipulation settling the motion, which was so-ordered by the Court on April 9, 2026. (ECF Doc. # 63 (so-ordered stipulation).) GMT professionals spent 22.2 hours on this motion with legal fees totaling $8,515.00. (See Fee Application ¶¶ 10-16.) On November 5, 2025, GMT filed a motion to transfer venue of the case from the Manhattan Division of the Southern District of New York to the Poughkeepsie Division. (ECF Doc. # 40 (motion to transfer venue).) The Court granted the motion on December 19, 2025 (ECF Doc. # 44 (order transferring case to Poughkeepsie Division)), and the undersigned was assigned to the case. GMT professionals spent 9.7 hours on this motion with legal fees totaling $3,790.00. (See Fee Application ¶¶ 28-34.) On August 18, 2025, 845 Central commenced an adversary proceeding against the Debtor asserting that the debt owed to it is nondischargeable under 11 U.S.C. § 523(a)(2), (4), and (6). See 845 Central Hudson Valley Properties LLC v.

McLaughlin, Adv. P. No. 25-09100 (KYP) (“Adversary Proceeding”). GMT filed a motion to dismiss for failure to state a claim, 845 Central opposed the motion, and the Court granted the motion in part and denied it in part by order dated April 16, 2026. (ECF Adv. P. Doc. ## 15, 16, and 19.) Subsequently, GMT filed an answer and asserted a counterclaim on April 29, 2026. (ECF Adv. P. Doc. # 20.) GMT professionals spent 30 hours working on the Adversary Proceeding with legal fees totaling $10,775.00. (See Fee Application ¶¶ 21-27.) GMT spent 2.8 hours working on the instant Fee Application and seeks payment of legal fees totaling $935.00. (Id. ¶¶ 35-36.) Last, GMT seeks reimbursement of expenses in the amount of $294.30 for copy costs, transcript costs, and postage. (Id. ¶ 41.)

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