In Re Junco, Inc.

185 B.R. 215, 1995 Bankr. LEXIS 1125, 1995 WL 490855
CourtUnited States Bankruptcy Court, E.D. Virginia
DecidedMay 24, 1995
Docket19-70332
StatusPublished
Cited by4 cases

This text of 185 B.R. 215 (In Re Junco, Inc.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Junco, Inc., 185 B.R. 215, 1995 Bankr. LEXIS 1125, 1995 WL 490855 (Va. 1995).

Opinion

*217 MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

These matters come before the Court upon applications seeking compensation for fees and expenses pursuant to 11 U.S.C. § 330. Each application was filed by Barry Strickland & Company, C.P.A. (“Strickland”), as the accountant for the Trustee, Kevin R. Huennekens. These are core proceedings over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 157(b)(2)(A) and 1334. This Court has raised, sua sponte, the issue of whether certain fees charged for the preparation of the accountant’s application for compensation are proper. Upon consideration of the record, evidence, and arguments presented at hearings on November 22,1994, this Court makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

Strickland was hired by the Trustee, pursuant to 11 U.S.C. § 327, to provide general accounting services for each of the three bankruptcy estates. Strickland has prepared detailed applications for compensation, pursuant to 11 U.S.C. § 330, in which he has charged the estate for the time his firm spent drafting, reviewing, and signing the applications for compensation, as well as time spent preparing for and attending the hearings on the applications. The charges for these activities in the Junco matter constitute approximately 12% of the total fees charged in the application. In the Press, Jones & Wae-chter matter, the charges represent approximately 11% of the total, and in Springfield Contracting, the figure is nearly 20%. The following chart summarizes the portion of each of Strickland’s fee applications that relate to his preparation and presentation of the fee application itself:

IN RE JUNCO, INC.
INDIVIDUAL HOURS RATE TOTAL
Draft of Application for Compensation
1.50 cn W
0.58 Cn hH
m Pi < O
O CO íi © GQ l-l ffl
LQ c-3 Cn fe O
CAM O
«o
Prepare Order for Court, prepare for, travel to, and attend hearing on Application for Compensation
BIS 1.25 $90 $112.50
CAM 0.25 $40 $ 10.00
TOTAL 6.25 $383.30
SUMMARY
Total Hours: 58.09
Preparation Hours: 6.25 (10.75%)
Total Fees: $3,200.31
Preparation Fees: $383.30 (11.98%)
IN RE PRESS, JONES & WAECHTER, P.C.
INDIVIDUAL HOURS RATE TOTAL
Draft Application for Compensation
BLW 1.84 $75 $138.00
GPS 1.00 $29 $ 29.00
GPS 1.00 $ 29.00
BLW 0.50 $75 $ 37.50
GPS 1.17 $29 $ 33.93
BLW 0.25 $75 18.75
GPS 0.50 14.50
TAV 0.08 2.72 $34
Finalize, Review and Sign Application for Compensation
BIS 0.25 $90 $ 22.50
BLW 0.75 $75 $ 56.25
GPS 1.50 $29 $ 43.50
cation and Hearing Prepare and send Notices to Creditors of Appli-
CAM
TAV
Draft order approving compensation
CAM 0.25 $40 $ 10.00
for Compensation Prepare for and attend hearing on Application
BIS o
BLW cn
TOTAL 12.17 $604.62
SUMMARY
Total Hours: 83.40
Preparation Hours: 12.17 (14.59%)
Total Fees: $5,403.35
Preparation Fees: $604.62 (11.19%)
*218 IN RE SPRINGFIELD CONTRACTING CORPORATION
INDIVIDUAL HOURS RATE TOTAL
Draft Application for Compensation
BLW E92 $75~ $219.00
BLW 1.00 $75 $ 75.00
CAM 1.25 $40 $ 50.00
Compensation Finalize, Review and Sign Application for
BIS CO- 03 ■CO* o
BLW CO-fc-CO o
CAM CO' 2$ COo
TAV C/D 1 CO CO* o
Draft order approving compensation
ÜAM 025 $40“ $ 10.00
for Compensation Prepare for and attend hearing on Application
BIS 0.75 CO co o
BLW 0.25 CO -q OX
TOTAL 8.17 $547.60
SUMMARY
Total Hours: 37.84
Preparation Hours: 8.17 (21.59%)
Total Fees Requested: $2,790.38
Preparation Fees: $547.50 (19.62%)

CONCLUSIONS OF LAW

Section 327 of the Bankruptcy Code (“the Code”) permits the Trustee for a bankruptcy estate, with the court’s approval, to 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.A. § 327(a) (West 1993). Additionally, § 330 of the Code permits the bankruptcy court to award a professional person:

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Cite This Page — Counsel Stack

Bluebook (online)
185 B.R. 215, 1995 Bankr. LEXIS 1125, 1995 WL 490855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-junco-inc-vaeb-1995.