In re Vill. Apothecary, Inc.

586 B.R. 430
CourtUnited States Bankruptcy Court, E.D. Michigan
DecidedJune 4, 2018
DocketCase No. 15–56003
StatusPublished
Cited by2 cases

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

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:

The factors the Court must consider in determining what is a reasonable fee under Section 330 of the Bankruptcy Code [ 11 U.S.C. § 330 ] are laid out explicitly in Section 330, especially Section 330(a)(1) through (4), plus Section 330(a)(7) says that the trustee's fee is to be treated as a commission in terms of determining reasonableness, a commission based on the percentages and the formula in Section 326, and it is also true that among those factors-those many factors in Section ... 330(a) that the Court must consider are, first, whether the services of these professionals for which they seek to be paid on an hourly rate basis ... were necessary to the administration of or beneficial at the time at which the service was rendered toward the completion of a case under this title. That's Section 330(a)(3)(C). Section 330(a)(3)(D) includes the factor of whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed. Section 330(a)(4)(A)(I) says the Court shall not allow compensation for unnecessary duplication of services. Sub (ii) under that subsection says the Court shall not allow compensation for ... "services that were not reasonably likely to benefit the debtor's estate or necessary to the administration of the case[.]" ... [A]lso among the factors explicitly set out in Section 330(a) to determine reasonableness, they include the factor in Section 330(a)(3)(F), ... "whether the compensation is reasonable based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title[.]" ... The factors listed in Section 330(a), as the case law makes clear, are not necessarily exclusive factors even though there are many factors in there. Rather, these are ... stated as factors the Court must or shall consider in determining the amount of reasonable compensation. That's according to Section 330(a)(3). And, of course, Section 330(a)(1) makes clear in its language, among other language in Section 330, that the Bankruptcy Court, in general, has some discretion in terms of what it awards to a professional person when that section says that the Court may award to [a] trustee or professional reasonable compensation.... I don't mean to exclude the other factors and other provisions of Section 330(a), but ... I did want to highlight these provisions. I have considered all of the *433provisions in Section 326 and 330 with respect to these fee applications and, of course, the arguments made ... in the applications themselves, including particularly Mr. Morris's firm.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

The Village Apothecary, Inc.
E.D. Michigan, 2021

Cite This Page — Counsel Stack

Bluebook (online)
586 B.R. 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vill-apothecary-inc-mieb-2018.