In re Ulrich

517 B.R. 77, 2014 Bankr. LEXIS 3758, 2014 WL 4385691
CourtUnited States Bankruptcy Court, E.D. Michigan
DecidedSeptember 5, 2014
DocketNo. 13-59610
StatusPublished
Cited by23 cases

This text of 517 B.R. 77 (In re Ulrich) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Ulrich, 517 B.R. 77, 2014 Bankr. LEXIS 3758, 2014 WL 4385691 (Mich. 2014).

Opinion

Opinion Awarding Pre-Confirmation Attorney Fee And Reimbursement Of Costs

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

Introduction

This opinion addresses a pre-confirmation fee application filed by a debtor’s at[78]*78torney in a Chapter 13 case. The Chapter 13 trustee objected. For the reasons explained in this opinion, the Court sustains the Trustee’s objections in part, and awards a fee of $5,375.00 and reimbursement of $483.64 of costs, for a total of $5,858.64.

Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 157(d)(2), 28 U.S.C. § 1334, and Local Bankruptcy Rule 83.50 (E.D.M). This is a core proceeding under 28 U.S.C. § 157(b)(2)(B).

Facts

On October 25, 2013, the Debtor filed this Chapter 13 case. Charles J. Schneider PC (“Law Firm”) represents the Debt- or. A review of the docket shows that the Debtor’s case was fairly straightforward and uneventful. The only adversary proceeding was a hen strip of a second mortgage on the Debtor’s residence, which was resolved by a consent judgment entered without the holder of the second mortgage filing an answer to the complaint. The only time that a hearing in the Chapter 13 case was placed on the Court’s contested docket was the Debtor’s request to adjourn the confirmation hearing, which was not opposed by the Trustee. On March 25, 2014, the Debtor filed a second amended plan, a 36 month plan that provides for the Debtor to retain her residence, make her mortgage payments, catch up her mortgage arrearage, and pay a delinquent water bill. The second amended plan provides for a minimum distribution to unsecured creditors of zero. The second amended plan provides that the Debtor’s attorney fee shall be requested by separate application. On May 3, 2014, the Court confirmed the second amended plan.

On May 8, 2014, the Law Firm filed an application (ECF No. 70) for a pre-confir-mation fee of $7,784.50 and reimbursement of costs of $483.64. The application details 38.0 hours of services performed by three attorneys and two paralegals at the Law Firm. On May 29, 2014, the Trustee filed objections (ECF No. 75), set forth in seven paragraphs. The first six paragraphs identify 73 separate time entries on the application and argue that the Law Firm should not be compensated for them because all of these entries describe services that are clerical, excessive, or duplicative. In the seventh paragraph, the Trustee objects to the entire amount sought by the application because it is excessive, and argues that it should be reduced because the worksheet that the Law Firm filed in support of the Debtor’s second amended plan only estimated a fee of $4,000.00 for all pre-confirmation services. The day after the Trustee filed her objections, the Court issued a notice scheduling a hearing on the application and the objections for Tuesday, June 24, 2014.

At the end of the day on the Friday before the hearing, the Law Firm filed a 30 page answer (ECF No. 79) to the Trustee’s objections. The answer responds separately and in detail to each time entry identified in paragraphs 1 through 6 of the Trustee’s objections, as well as to the overall excessiveness argument set forth in paragraph 7 of the Trustee’s objections.

During the hearing, the Law Firm and the Trustee both elaborated on the points they made in the application and the objections. However, because the Law Firm’s answer had only been filed at the end of the previous Friday, neither the Trustee nor the Court had the opportunity to fully review it. As a result, the Court considered the parties’ arguments, but took the application and the objections under advisement and rescheduled the hearing to rule upon them two weeks later, on July 8, 2014. The Court expressly reserved the right to ask questions at the adjourned hearing based upon its review of the Law [79]*79Firm’s answer, but also stated it would not take further arguments at the adjourned hearing. The Court did not authorize the filing of any additional papers.

Before the adjourned hearing, the Law Firm filed a supplement (“Supplement”) (ECF No. 82) to its answer on July 3, 2014. The Supplement consists of a chart with data from 152 other Chapter 13 cases in this district in which the Law Firm had filed a fee application. For each of those cases, the chart purports to show the amount requested by the Law Firm, whether any objections to the application were filed, the disposition of the objections, the amount awarded, and the identity of the assigned trustee and the assigned judge.

At the adjourned hearing, the Trustee objected to the Court’s consideration of the Supplement, arguing that it was improperly filed after the Law Firm’s application and the Trustee’s objections had already been taken under advisement by the Court. At the end of the adjourned hearing, the Court informed the parties that it would issue a written order with respect to the Law Firm’s application and the Trustee’s objections.

Positions of the Parties

The Trustee does not object to the hourly rates charged by the Law Firm. Nor does the Trustee contend that the services described in the application were not performed by the Law Firm. However, the Trustee does argue that many of the services performed by the Law Firm were clerical in nature, others were excessive in the time that they took to perform, and still others were duplicative. More generally, the Trustee argues that this was a straightforward Chapter 13 case with no complex or difficult issues, and that even the Law Film, in the worksheet that it filed in support of the second amended plan, estimated its fee in an amount much less than it now requests.

The Law Firm’s answer provides a detailed explanation for each of the 73 entries to which the Trustee objects. The Law Firm insists that its services were not clerical, nor were they excessive or dupli-cative. The Law Firm argues that it should not be held to its estimate on the worksheet since the Law Firm only made that estimate for “feasibility purposes,” when seeking confirmation of the Debtor’s second amended plan. The Law Firm explains that this figure is not intended to estimate the actual fee that had been incurred, but instead is just a figure routinely placed in a plan calculation to assist the Law Firm in determining whether a debt- or’s plan is properly funded. Finally, the Law Firm argues that the Supplement shows that the Trustee in this case objects to the Law Firm’s fees more frequently than do the other trustees in this district.

Applicable Law

Section 330 of the Bankruptcy Code governs compensation of attorneys in bankruptcy cases. Section 330(a)(1) authorizes a bankruptcy court to award reasonable compensation to a professional person employed under § 327 or § 1103 for actual, necessary services, and reimbursement for actual, necessary expenses. Section 330(a)(3) instructs how to determine reasonable compensation:

[i]n determining the amount of reasonable compensation to be awarded to ... [an attorney or other] professional person, the court shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including—

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Cite This Page — Counsel Stack

Bluebook (online)
517 B.R. 77, 2014 Bankr. LEXIS 3758, 2014 WL 4385691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ulrich-mieb-2014.