In re Parreira

464 B.R. 410, 2012 WL 34513, 2012 Bankr. LEXIS 27
CourtUnited States Bankruptcy Court, E.D. California
DecidedJanuary 5, 2012
DocketNo. 10-19825-B-12; DC No. WW-12
StatusPublished
Cited by2 cases

This text of 464 B.R. 410 (In re Parreira) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Parreira, 464 B.R. 410, 2012 WL 34513, 2012 Bankr. LEXIS 27 (Cal. 2012).

Opinion

AMENDED MEMORANDUM DECISION REGARDING OBJECTION TO LEGAL FEES AND PROOF OF CLAIM

W. RICHARD LEE, Bankruptcy Judge.

In this contested matter, the parties have asked the court to determine the amount of legal fees that can be recovered pursuant to 11 U.S.C. § 506(b)1 by Fresno-Madera Production Credit Association (“PCA”) for work performed in connection with this bankruptcy case. PCA is a fully secured creditor and is entitled by contract to recover reasonable attorney’s fees as part of its claim. PCA has filed an amended proof of claim requesting attorney’s fees incurred through February 10, 2011, in the amount of $53,384.50.2 The court deems the Debtors’ objection to those fees to also be an objection to PCA’s amended claim. Based upon a prior stipulation of the parties, only $23,300 of PCA’s attorney’s fees, those for legal services performed after September 30, 2010, are now [413]*413in dispute. For the reasons stated below, the Debtors’ objection will be overruled. PCA’s legal fees will be allowed in full.

This memorandum contains the court’s findings of fact and conclusions of law required by Federal Rule of Civil Procedure 52(a), made applicable to this contested matter by Federal Rule of Bankruptcy Procedure 7052. The bankruptcy court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and 11 U.S.C. § 1225 and General Orders 182 and 330 of the U.S. District Court for the Eastern District of California. This is a core proceeding as defined in 28 U.S.C. §§ 157(b)(2)(A) &(B).

Background and Findings of Fact.

This bankruptcy was filed under chapter 12 on August 26, 2010. The debtors, Francisco and Maria Parreira are dairymen (the “Debtors”). PCA is their largest secured creditor. On the petition date, PCA was owed approximately $550,833.3 The debt to PCA was secured by a first priority lien against the Debtors’ personal property, including the dairy herd and the milk checks. Based on the Debtors’ schedules, the dairy herd had a value of $778,800 and the milk checks, including the retains, had a value of $78,627. There is no dispute that the debt to PCA was fully secured by a substantial margin.

After extensive negotiations, in early October 2010, the Debtors and PCA entered into a written agreement entitled “Stipulation For Order Re Agreed Financing, Heifer Swap, Use of Collateral, Valuation of Collateral and Plan Treatment” (the “October Stipulation”—filed on October 19, 2010). It provided, inter alia, a comprehensive facility for the treatment of PCA’s secured claim in a chapter 12 plan. The Debtors confirmed a consensual chapter 12 plan by order dated February 25, 2011 (the “Plan”). A copy of the October Stipulation was attached to and incorporated into the Plan to memorialize the treatment of PCA’s claim.

At the time the Plan was confirmed, the parties could not agree on the amount of attorney’s fees that PCA could recover as part of its claim. However, the parties did agree in the October Stipulation that the attorney’s fees incurred by PCA through September 30, 2010, were reasonable in the amount of $30,084.50. (October Stipulation, ¶ 5(B).) According to PCA’s billing records, PCA’s actual legal expenses through September 30, 2010, were $30,084.50, the exact amount agreed to in the October Stipulation.

The billing records for PCA’s legal fees are attached to PCA’s amended proof of claim (the “Billing Records”). Overall, PCA incurred legal fees in connection with this bankruptcy case, from August 17, 2010, through February 10, 2011, in the amount of $53,384.50, representing 179 hours of attorney and paralegal time. The amount of those fees for legal work performed after September 30, 2010, the fees in dispute here, is $23,300, representing 78.1 hours of attorney and paralegal time (the “Disputed Fees”). Of that time, 15.1 hours at a cost of $4,300, was devoted just to this fee dispute (see discussion below).

Issue Presented.

The Debtors initially objected to the total amount of PCA’s fees on the grounds that the fees are excessive and unreasonable. While the Debtors do not deny PCA’s right to procure any level of legal service it deems to be appropriate, they do dispute PCA’s right to recover those fees from the Debtors to the extent that the [414]*414level of legal service was unnecessary and unreasonable. However, at oral argument, Debtors’ counsel acknowledged that the Debtors are bound by the October Stipulation and are now precluded from objecting to PCA’s legal fees incurred through September 30, 2010. The issue therefore is how much of PCA’s post-September 30th legal fees, the Disputed Fees, should be awarded for inclusion in PCA’s claim.

Analysis and Conclusions of Law.

The Reasonable and Necessary Standard. The Debtors contend that PCA’s attorneys failed to exercise prudent billing judgment and essentially “over-lawyered” this case under the circumstances. Those circumstances include the facts that (1) PCA was significantly oversecured at all times by the dairy herd and the milk checks, and (2) the case was relatively straightforward and uncontroversial.4 With regard to the first issue, there appears in retrospect to be no dispute that PCA was at all times well collateralized, even though the value of that collateral was always susceptible to decline. Resolution of the second issue is more difficult because the Debtors objected to PCA’s entire claim for legal fees, not just the Disputed Fees, and because the Debtors offer few specifics for the court to rule on. Neither party presented a comprehensive “task” analysis to show how the Disputed Fees should be allocated to different categories of work.

When bankruptcy courts are asked to review the legal fees incurred by a professional person employed to work in a case under § 327, the process begins with reference to the Bankruptcy Code which offers a statutory framework for analyzing the fees. The Code mandates that professional fees must be actual, necessary and reasonable.5 Here, PCA does not seek to recover its fees under § 330 because its [415]*415attorneys did not work for the bankruptcy estate. As the holder of a fully secured claim, PCA seeks to recover its attorney’s fees under the authority of § 506(b).6 Section 506(b) also incorporates the “reasonableness” test. In determining reasonableness under § 506(b), the bankruptcy court does not look to state law, but rather makes an independent evaluation under federal law. See In re 268 Ltd., 789 F.2d 674, 676-77 (9th Cir.1986). Because all professional fees awarded in a bankruptcy case are effectively paid from assets of the bankruptcy estate and because both Code sections use the term “reasonable,” the court may apply to its § 506(b) analysis the same principles and case law that govern the award of fees under § 330.

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Cite This Page — Counsel Stack

Bluebook (online)
464 B.R. 410, 2012 WL 34513, 2012 Bankr. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-parreira-caeb-2012.