In re Trailer Source, Inc.

474 B.R. 846, 2012 WL 2603244, 2012 Bankr. LEXIS 3052
CourtUnited States Bankruptcy Court, M.D. Tennessee
DecidedJuly 5, 2012
DocketNo. 305-00148
StatusPublished
Cited by1 cases

This text of 474 B.R. 846 (In re Trailer Source, Inc.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Trailer Source, Inc., 474 B.R. 846, 2012 WL 2603244, 2012 Bankr. LEXIS 3052 (Tenn. 2012).

Opinion

MEMORANDUM OPINION

MARIAN F. HARRISON, Bankruptcy Judge.

This matter is before the Court upon the U.S. Trustee’s objection to the application for compensation filed by Harwell Howard Hyne Gabbert & Manner, P.C. [849]*849(hereinafter “H3GM”), special counsel to the Trustee, and Hyundai Translead, Inc.’s (hereinafter “Hyundai”) objections to the Trustee’s application for compensation and the Trustee’s motion for allowance of claims. For the following reasons, which represent the Court’s findings of fact and conclusions of law, pursuant to Fed. R. Bankr.P. 7052, the Court finds that the objections should be overruled and the motions granted.1

I. FINDINGS OF FACT

This case has a long litigious history. Hyundai filed suit in District Court against Jackson Truck & Trailer Repair, Inc., et al. (hereinafter “JT & T”) on June 30, 2004. Then, on January 6, 2005, Hyundai forced the debtor into Chapter 7 by filing an involuntary petition. The order of relief was entered on February 14, 2005, and Samuel K. Crocker (hereinafter “Mr. Crocker”) was appointed as Trustee. On June 8, 2011, David G. Rogers (hereinafter “Trustee”) was appointed as successor trustee.

Prior to the successor appointment of the Trustee, there was significant litigation in this Court and the District Court, with some issues going to the Sixth Circuit Court of Appeals. The majority of the litigation dealt with whether Hyundai should be allowed derivative standing to investigate and pursue potential fraudulent transfer claims against JT & T and whether Mr. Crocker should be allowed to settle any claim against JT & T for $50,000. Eventually, the District Court held that Hyundai was entitled to derivative standing and set aside this Court’s approval of the settlement agreement between Mr. Crocker and JT & T. The District Court was affirmed by the Sixth Circuit Court of Appeals on February 6, 2009, as to the derivative standing issue, and the litigation in District Court has continued on behalf of the estate.

When the Trustee was appointed successor trustee, he filed an application to retain himself as counsel, which was granted on July 5, 2011. By the time the Trustee became involved, the District Court case had been pending for approximately seven years, and the bankruptcy case had been open for over six years. In both courts, the litigation between Hyundai and JT & T has been protracted and acerbic. At a status conference in District Court on November 18, 2011, the parties were strongly encouraged to discuss settlement, and the Trustee was encouraged to take a more active role in exploring the possibility of settlement. After the status conference, the Trustee filed an application to employ H3GM as special counsel, which was granted on December 16, 2011.

Any settlement needed to be reached expeditiously because the trial in District Court was set for July 2012, and because the Trustee and H3GM felt that the more the parties invested in discovery, the less likely a settlement would be possible. The Trustee and H3GM were required to make an independent evaluation of the factual and legal issues of this case after they studied the procedural history of the case. Because the majority of the litigation had revolved around Hyundai’s derivative standing, the development of evidence was sparse, and the Trustee soon learned that Hyundai had made little progress on developing proof necessary to prevail on the fraudulent transfer claims. In addition, the District Court litigation involved a number of novel and complex legal issues, [850]*850including the res judicata effect of prior settlements, the role of the Trustee in derivative litigation, the applicable look-back period for avoidance of transfers, and claims against non-party transferees. Despite these obstacles and time constraints, the Trustee and H3GM evaluated the merits of these issues, held settlement conferences with the parties, and successfully translated the results of their efforts into a global settlement of $3 million. These results were achieved efficiently and almost single-handedly by the Trustee and one attorney from H3GM. Hyundai was routinely represented by three or more attorneys, and JT & T involved two and sometimes three attorneys. Prior to the involvement of the Trustee and H3GM, Hyundai and JT & T, with their multiple attorneys, failed to reach a settlement, despite two formally-mediated settlement conferences. The undisputed testimony was that the case would never have settled but for the efforts of the Trustee and H3GM.

II. DISCUSSION

A. FEE APPLICATION FOR SPECIAL COUNSEL

The U.S. Trustee objects to H3GM’s request for a fee enhancement in the amount of $26,968.2 The U.S. Trustee does not dispute that the fees requested by H3GM for actual time spent, at the hourly rates reflected in its employment application, which total $125,638, are fair and reasonable. However, the U.S. Trustee does object to H3GM receiving a bonus or fee enhancement in addition to this amount because H3GM has not established that the sum of $125,638 is unreasonable for the services it provided to the Trustee.

Under the Bankruptcy Code, professionals are to be paid “reasonable compensation for actual, necessary services rendered.” 11 U.S.C. § 330(a)(1). The Supreme Court has recognized the lodestar method (reasonable hourly rate times number of hours reasonably expended) as the method by which federal courts should determine the reasonableness of attorney’s fees, Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987) (hereinafter “Delaware II ”), and the Sixth Circuit has adopted the lodestar method in bankruptcy cases. Boddy v. United States Bankruptcy Court (In re Boddy), 950 F.2d 334, 337 (6th Cir.1991).

The lodestar method is not always the end of the fee inquiry. The Court has the discretion to adjust the fee upward or downward according to other considerations, Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983), but there is a strong presumption that enhancement fees are reserved only for “rare” and “exceptional” cases. Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 565, 106 S.Ct. 3088, 92 L.Ed.2d 439 (1986) (hereinafter “Delaware I ”). The applicant has the burden to show that a fee enhancement is warranted. In re Arter & Hadden, LLP, No. 03-23293, 2011 WL 3422788, at *2 (Bankr.N.D.Ohio Aug. 4, 2011) (citations omitted). Where fee enhancements are justified, the Supreme Court has held that the additional amount should not exceed one-third of the lodestar amount. Delaware II, 483 U.S. 711, 730, 107 S.Ct. 3078.

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Bluebook (online)
474 B.R. 846, 2012 WL 2603244, 2012 Bankr. LEXIS 3052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-trailer-source-inc-tnmb-2012.