John Tylka

United States Bankruptcy Court, N.D. Illinois·Decided September 11, 2019·No. 15-10334·Unknown

Opinion

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: } ) Case No. 15bk | 93 34 John Tylka, ) ) Chapter 11 Debtor. ) } Honorable Timothy A. Barnes FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO JOEL A SCHECHTER, ATTORNEYS FOR DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TOTAL FEES REQUESTED: $46,350.00 TOTALCOSTS $ 3,410.63 REQUESTED: TOTAL FEES REDUCED: $ 1,251.00 TOTAL COSTS REDUCED: $0.00 TOTAL FEES ALLOWED: $45,099.00 TOTALCOSTS ALLOWED: — $3,410.63 TOTAL FEES AND COSTS ALLOWED: $48,509.63 The attached time and expense entries have been underlined to reflect disallowance in whole or in part. The basis for each disallowance is reflected by numerical notations that appear on the left of each underlined entry. The numerical notations correspond to the enumerated paragraphs below.

(1) Unauthorized Work — TOTAL of disaliowed amounts: $ 900.00 The Court denies the allowance of compensation for work done prior to the authorization of retention. In re Spanjer Bros., Inc., 203 B.R. 85, 94 Bankr. N.D. Ill. 1996) (Squires, J.) (“The Court will not retrospectively allow any of the time expended prior to the time of the authorized retention because to do so would be to reward any delay or tardiness in promptly seeking retention. To allow bootstrapping of objected to fees paid at the expense of unsecured creditors undermines the policy in favor of prompt application for retention by professionals who will be seeking compensation from the bankruptcy estate. See generally 11 U.S.C. § 327 (prerequisite to the allowance of any fees or expenses that professional be employed); Iv re Peoples Sav. Corp., 114 B.R. 151, 154 (Bankr. N.D. UL 1990) (‘In the absence of a court order approving the Applicant’s employment, there is no statutory basis upon which the Court can make a fee award.’y’). (2) Lumping — TOTAL of disallowed amounts (10% of affected entries): $ 351.00 The Court may impose a ten percent penalty on entries that appear to be “lumping.” The Court will reduce each entry marked as such per the penalty. In re Wildman, 72 B.R. 700, 709 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (‘Applicants may not circumvent the minimum time requirement or any of the requirements of detail by “lumping” a bunch of activities into a single entry. [citation omitted]. Each type of service should be listed with the corresponding specific time allotment.”).

Dated: September 11, 2019 CSN Timothy A\Batnes_/ □ United States Bankruptcy Judge

RE NOE ISAS IESE I EEE NE BS ENED Ne NE NE EE Hee Neal te tel Na Wate ate eet ge Ne tt Re EER Page 1 of 16

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JOHN TYLKA CASE NO. 15-10334 TIME SHEET OF SERVICES RENDERED Date of Time Services Services Rendered A, Case Administration 1/29/15 meeting with client to discuss financial affairs 1,00 2/2715 email to client with information necessary to file case AQ 3/2/15 meeting with client to further discuss financial affairs and filing of Chapter 11 petition 710 Cf) preparation of retention agreement .20 @ 3/23/15 preparation and filing of petition, list of creditors & related documents and filed petition 1.50 3/23/15 email to counsel for BMO Harris with notice of filing .10 3/27/15 review of appearance of counsel for U.S. Bank, N.A. 10 3/31/15 review of appearance of counse! for BMO Harris .10 4/6/15 review of emails from client with information to prepare schedules .30 4/6/15 emails to and from client re: insurance certificates for trustee .20 4/6/15 preparation and filing of notice and motion to extend time to file schedules and related documents 70 ATS meeting with client to prepare for initial debtor interview (“IDI”) 66 A/TIS attendance at IDI with Trustee’s office 1.00 4/TAS preparation of draft of schedules and related documents i.50 4/8/15 emai! draft schedules to client for review 10

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Related

In Re Wildman
72 B.R. 700 (N.D. Illinois, 1987)
In Re Peoples Savings Corp.
114 B.R. 151 (N.D. Illinois, 1990)
In Re Spanjer Bros., Inc.
203 B.R. 85 (N.D. Illinois, 1996)