In re Vill. Apothecary, Inc.

586 B.R. 430
United States Bankruptcy Court, E.D. Michigan·Decided June 4, 2018·No. Case No. 15–56003·Published·Cited by 2 cases

Opinion

Thomas J. Tucker, United States Bankruptcy Judge *431This case is before the Court on the following three fee applications:

1. A fee application by the special counsel for the Chapter 7 Trustee, filed on March 2, 2018, entitled "First and Final Application For Compensation For Special Counsel to the Trustee" (Docket # 42), seeking fees in the amount of $36,889.25 and expenses in the amount of $174.74. (In the proposed order submitted to the Court on April 23, 2018, the applicant now seeks fees in the slightly reduced amount of $33,984.25 and expenses in the slightly reduced amount of $160.98.)

2. A fee application by the attorney for the Chapter 7 Trustee, filed on March 6, 2018, entitled "Trustee's Attorney's Application to Approve First and Final Fees and Costs" (Docket # 43), seeking fees in the amount of $2,100.00 and expenses in the amount of $0.00. (In the proposed order submitted to the Court on April 23, 2018, the applicant now seeks fees in the slightly reduced amount of $1,934.63.)

3. The fee application of the Chapter 7 Trustee, filed on March 6, 2018 in the document entitled "Trustee's Application for Final Compensation and Reimbursement of Expenses" (Docket # 44), seeking fees in the amount of $4,821.09 and expenses in the amount of $49.96. (In the proposed order submitted to the Court on April 23, 2018, the applicant now seeks fees in the slightly reduced amount of $4,441.43, and expenses in the slightly reduced amount of $46.03.)

No timely objections were filed to these fee applications. But the Court concluded that it was necessary to hold a hearing on the fee applications.

Collectively, the applicants seek fees totaling $40,360.31, plus reimbursement of expenses. By comparison, the applicants' efforts benefitted the estate, at most, in the amount of $40,710.87 (the total receipts listed in the Trustee's Final Report). The Court notes that the total fees, if approved, when added to the reduced amounts of the requested expenses to be reimbursed, would amount to 100% of the amount collected for the bankruptcy estate with the assistance of applicants' services, leaving nothing to be distributed to any non-administrative creditors. (As the Trustee's Final Report (Docket # 45) shows, allowed claims in this case consist of non-administrative priority claims totaling $2,096.82 and general unsecured claims totaling $117,910.10.)

As the Court stated in its April 24, 2018 Order setting the hearing, "[t]he purpose of the hearing [was] to determine whether the requested fee amounts should be reduced, given the amount of the benefit to the estate in this case. See, e.g. , 11 U.S.C. §§ 330(a)(2), (a)(3)(A), (a)(3)(E), (a)(3)(F), (a)(4)(A)(ii) ; In re Allied Computer Repair, Inc. , 202 B.R. 877, 887-89 (Bankr. W.D. Ky. 1996)."1

The Court held the hearing on May 23, 2018. The Trustee's special counsel, attorney Thomas Morris, appeared at the hearing, and argued in support of the fee applications on behalf of all the fee applicants. No one else appeared at the hearing.

The Court has carefully considered all of the fee applications and their exhibits; the *432brief filed by the Trustee's special counsel on May 1, 2018 in support of its application;2 and the arguments made during the hearing. The Court also has reviewed and considered the supplemental exhibit filed by special counsel after the hearing, on May 23, 2018.3 The Court now makes the following ruling on the fee applications.

The Court finds and concludes that the fees requested are, in the aggregate, much too high to be reasonable under the circumstances of this case, and therefore fees will be allowed only in a reduced amount. The fees are disproportionately high compared to the financial benefit obtained by the bankruptcy estate from the applicants' services, and in fact would leave nothing at all for the creditors in this Chapter 7 bankruptcy case.

The Court reiterates what it held in a recent prior case, which happened to involve the same fee applicants as in this case:

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In re Vill. Apothecary, Inc., 586 B.R. 430 (Mich. 2018).

586 B.R. 430 (In re Vill. Apothecary, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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