In Re R & B Institutional Sales, Inc.

65 B.R. 876, 1986 Bankr. LEXIS 5199
CourtUnited States Bankruptcy Court, W.D. Pennsylvania
DecidedOctober 2, 1986
Docket19-20568
StatusPublished
Cited by29 cases

This text of 65 B.R. 876 (In Re R & B Institutional Sales, Inc.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re R & B Institutional Sales, Inc., 65 B.R. 876, 1986 Bankr. LEXIS 5199 (Pa. 1986).

Opinion

MEMORANDUM OPINION and ORDER OF COURT

BERNARD MARKOVITZ, Bankruptcy Judge.

Presently before the Court are the Fee and Expense Applications filed by the Debtor’s counsel, the Debtor’s special counsel, the Debtor’s accountant, and the attorney and accountant for the Committee of Unsecured Creditors (“Committee”). Prior to reviewing these applications, we present a synopsis of the case.

This bankruptcy began with the filing of a Chapter 11 petition on September 10, 1985. On October 3, 1985, this Court authorized the employment of both counsel and the accountant for the Committee. The Court appointed Debtor's counsel on October 15,1985, and the Debtor’s accountant on November 11, 1985. On January 3, *879 1986, this Court appointed the Debtor’s special counsel, nunc pro tunc, to the date of filing. This counsel was appointed because of his averment to this Court that counsel would provide a significant benefit to the estate. This was and is the only nunc pro tunc appointment requested or authorized. It now appears that this appointment may have been granted improperly. See Matter of Arkansas Company, Inc., 798 F.2d 645 (3rd Cir.1986), discussed infra.

The Debtor’s first Disclosure Statement and Plan of Reorganization was filed on December 20, 1985. The Committee and Mellon Bank objected to the Disclosure Statement and Plan. On the date set for the hearing thereon, January 28, 1986, the Court refused to approve the Disclosure Statement.

The Debtors filed an Amended Disclosure Statement and Plan on February 28, 1986. On April 14, 1986, two days prior to the hearing date set for the Amended Disclosure Statement, the Debtor submitted its second Amended Disclosure Statement. This was approved on April 16, 1986. The Debtor filed its second Amended Plan on April 30, 1986; this Plan was confirmed on May 27, 1986, and the Order was signed on June 3, 1986.

Early in this case, the Court was advised by counsel to the Debtor that this was an uncomplicated matter, and would ultimately come to a simple resolution. The Court, after an independent review of the file, has been given no reason to come to a different conclusion.

There was, however, one curious set of circumstances in this case. Prior to the filing of the bankruptcy, the Debtor’s principals liquidated a building in which the corporation’s business was located. The Court is led to believe that the Debtor’s principals had an individual responsibility for payment on said building.

The Debtor then moved its operations to another building, belonging to a partnership, consisting of the Debtor’s principals. A lease was executed wherein the Debtor was to pay the partnership $5,000.00 per month for the use of the facility. Additionally, over $140,000.00 worth of improvements were performed on this building by the Debtor. Within several months after the lease was executed, the Debtor ceased doing business. The Debtor claims, in its Disclosure Statement, that it gave up its rights in the leasehold improvements in exchange for the release by the partnership of its claim for rents due pursuant to the rejected lease.

Without knowing the length of the lease term, or the efforts by the partnership to mitigate its damages, it is impossible to determine if in fact this was an appropriate agreement. We question this activity only in light of the fact that the write-off of an asset worth over $140,000.00 leaves the unsecured creditors with a return of only one-cent-on-the-dollar.

In any event, it appears to the Court that the most complicated matter in this case has been the fee applications presented by the various parties. Before addressing these applications seriatum, we offer a brief analysis of the law on this issue.

Section 330 of the Bankruptcy Code [11 U.S.C. § 330] states in pertinent part:

(a) After notice and a hearing, and subject to sections 326, 328, and 329 of this title, the court may award to the trustee, to an examiner, to a professional person employed under section 327 or 1103 of this title, or to the debtor’s attorney—
(1) reasonable compensation for actual, necessary services rendered by such trustee, examiner, professional person, or attorney as the case may be ... based on the nature, the extent, and the value of such services, the time spent on such services, and the cost of comparable services other than in a case under this title; and
(2) reimbursement for actual, necessary expenses.

Bankruptcy Rule 2016 further states:

(a) Application for Compensation or Reimbursement. A person seeking interim or final compensation for services, or reimbursement of necessary ex *880 penses, from the estate, shall file with the Court an application setting forth a detailed statement of (1) the services rendered, time expended, and expenses incurred, and (2) the amounts requested ...

This Court has previously outlined its position on review of fee applications in Matter of Affinito & Son, Inc., 63 B.R. 495 (W.D.Pa., 1986), wherein we stated:

The Bankruptcy Court has the independent authority and responsibility to determine the reasonableness of compensation. In re N.S. Garrott & Sons, 54 B.R. 221, 222 (Bktcy.E.D.Ark.1985); In re Smith, 48 B.R. 375, 379 (Bktcy.C.D.Ill.1984); In re Meade Land and Development Company, Inc., 527 F.2d 280, 283 (3rd Cir.1975). However, the burden of proof as to the reasonableness of requested compensation is that of the applicant. In re Holthoff 55 B.R. 36, 39 (Bktcy.E.D.Ark.1985); In re Nashville Union Stockyard Restaurant Company, Inc., 54 B.R. 391, 396 (Bktcy.M.D.Tenn.1985); In re Smith, supra; In re Meade Land and Development Company, Inc., supra.
In addition to these requirements outlined in Bankruptcy Rule 2016, a proper application must list each activity separately, the date on which it was performed, the attorney who performed the work, a description of the work performed or the subject matter of the work, and the time spent on the work. In re Lindberg Products, Inc., 50 B.R. 220, 221, (Bktcy.N.D.Ill.1985); In re Anderson, 49 B.R. 725, 733 (Bktcy.D.Haw.1985); Cohen & Thiras, P.C. v. Keen Enterprises, Inc., 44 B.R. 570, 573 (D.C.N.D.Ind.1984).
The standard for review of an accountant’s application is the same as the standard which applies to requests for attorneys’ fees. In re Daig Corporation, 48 B.R. 121, 136 (Bktcy.D.Minn.1985); In re Cumberland Bolt & Screw, Inc., 44 B.R. 915, 916 (Bktcy.M.D.Tenn.1984).

Id.

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Bluebook (online)
65 B.R. 876, 1986 Bankr. LEXIS 5199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-r-b-institutional-sales-inc-pawb-1986.