John Tylka

• Court: United States Bankruptcy Court, N.D. Illinois
• Decided: September 11, 2019
• Docket: 15-10334
• Status: 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

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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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A/l4/t$ court appearance re: motion to extend time to file schedules 40 4/4/15 review of court’s order and notice of status hearing 10 4/15/15 finalize schedules and statement of affairs and filed same .90 4/16/15 review of appearance of counsel for Citimortgage 10 4/22/15 meeting with client to prepare for meeting of creditors 50 4/22/15 attendance at meeting of creditors with Trustee's office 2.00 4/23/15 email to client re: rescheduling continued meeting of creditors 10 review of appearance of counsel for American Heartland Bank 10 review of appearance of counsel for Bank of America 16 S/EB/IS court appearance re: status of case 40 5/13/15 review of appearance of counsel for Ramos & Niemira 10 5/13/15 court appearance re: slatus hearing 40 $/19-20/15 emails to and from client re: continued meeting of creditors .20) 5/20/15 letter to Trustee’s attorney with copies of federal tax returns for years 2010-2013 30 meeting with client to prepare for meeting of creditors 80 S/21/15 review of Bank of America’s notice of security interest in rents and review of documents .20 6/2/15 review of emails from client with leases at 1050-52 N. Milwaukee and 818 N. State and review of leases 40 email to client re: meeting in preparation for meeting of creditors 10 6/16/15 ourt appearance re: continued status hearing 40 email from client asking to reschedule mecting with trustee’s office 10 6/16/15 emails to and from office of U.S. Trustee rescheduling meeting of creditors 20)

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6/16/15 detailed email to client re: continued meeting date and need to produce documents and to file scheduies G, J, J, Statement of Affairs and periodic report of value and operations of business entities 30 6/16/15 preparation and filing of application to retain counsel 1.00 6/16/15 preparation and fiting of motion to set bar date for filing claims AQ 6/23/15 court appearance re: application to retain counsel and motion to set bar date for filing claims and status hearing 80 6/24/15 preparation and filing of amended schedules B,C,D,I,J and statement of affairs 70 6/24/15 attendance at continued meeting of creditors 80 6/25/15 preparation and filing of certificate of service of order fixing date for filing claims .20 H2VAs review of appearance of counsel for Byline Bank 10 8/10/15 review of Debtor’s draft periodic reports of value and operations of business entities and email to client with changes 50 ISAS meeting with client re: progress of case and proposed resolution 1.00 14/3-4/15 emails from and to Ed Niemira and client re: existing loan □□ documents securing claims against real estate, review of loan documents and discussions regarding loan modifications 60 LV6At5 meeting with client to discuss real estate properties 90 LVLIV/15 review of U.S, Trustee’s motion to dismiss or convert 60 11/14/15 email to client re: unpaid trustee’s fees 10 11/19/15 review of motion to withdraw filed by counsel for Byline 10 V2A1S/15 detailed email to client re: outcome of court hearing and deadlines set by judge 30 12/23/45 review of Court’s order extending time to file amended plan and amended disclosure statement and amended schedules E and G 10 12/24/15 email to client re: new loan documents for Nicmira 10

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12/29/15 preparation of amended schedule G and declaration and email to client for review and signature 20 12/30/15 preparation of periodic report regarding value, operations and profitability of business entities and email to client for review 60 12/31/15 filing of amended schedule G and declaration 12/31/15 filing of periodic report 10 12/31/15 email to client with draft Form 26 for review and signature 10 2/16 review of loan modifications prepared by Ed Niemira 50 1/22/16 preparation and filing of motion to authorize Debtor to execute loan modifications 80 1/26/16 court appearance re: Debtor’s motion to authorize execution of loan modifications, status of case and status of U.S. Trustee’s motion to dismiss or convert 50 2/8/16 email to client re: BMO Harris possible lien on real estate 20) 2/10/16 court appearance re: Debtor’s motion to authorize execution of loan modifications, status of case and status of U.S. Trustee’s motion to dismiss or convert 40 3/15/16 court appearance re: Debtor’s motion to authorize execution of loan modifications, status of case and status of U.S. Trustee’s motion to dismiss or convert 3/22/16 court appearance re: Debtor’s motion to authorize execution of loan modifications, status of case and status of U.S. Trustee’s motion to dismiss or convert 50 3/22/16 review of email from counsel for Select Commercial with assignments of mortgage from FDIC to North CRE to Select and review of documents 30 emails from counsel for U.S. Trustee and to client re: lapse in insurance coverages on property of the estate 20 4/6116 emails from insurance broker and to U.S. Trustee with updated certificates of Insurance 20)

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10/31/16 review of notice of transfer of claim by Citimortgage 10 11/9/16 review of email from U.S, Trustee’s office re: unpaid quarterly fees and email to client 10 2/1/17 review of motion of BMO Harris for relief from stay 40 2/7417 emails to and from counsel for BMO Harris re: motion to lift stay 20 2/8/17 court appearance re: BMO Harris motion for relief from stay 30 2/21/17 review of email from U.S. Trustee’s office re: unpaid quarterly {ces and email to client 10 $/23/17 post-confirmation status hearing 40 §/25/17 detailed email to client re: post-confirmation status hearing and payments due creditors under plan and need to continue paying quarterly U.S, Trustee fees until case closed .20 6/26-27/17 emails to and from counsel for BMO Harris re: plan payments and address for future payments 10 6/27/17 post-confirmation status hearing 40 6/27/17 review and filing of quarterly report on status of plan payments and quarterly fee statement 1" quarter 2017 10 8/22/17 post-confirmation status hearing 40 8/31/17 emails to and from counsel for BMO Harris re: plan payments and address for future payments 10 9/26/17 post-confirmation status hearing 50 V/1/17 post-confirmation status hearing 40 12/19/17 post-confirmalion status hearing 50 12/19/17 review and filing of quarterly report on status of plan payments and quarterly fee statement 2 quarter 2017 10 1/3/18 review and filing of quarterly report on status of plan payments and quarterly fee statement 3% quarter 2017 10

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2/27/18 post-confirmation status hearing 40 3/28//18 post-confirmation status hearing 50 4/25/18 post-confirmation status hearing 40 6/21/18 meeting with interested buyer of Armitage lots 50 6/26/18 post-confirmation status hearing 30 6/28/18 emails to and from interested buyer of Armitage lots 20 FALGALB receipt of offer from interested buyer of Armitage lots and forward to client 20 9/24/18 review and filing of quarterly reports on status of plan payments and quarterly fee statements 4" quarter 2017, 1“ quarter 2018, and 2™ quarier 2018 20 12/4/18 post-confirmation status hearing 40 1/23/19 post-confirmation status hearing 50 post-confirmation status hearing n/c 4/17/19 post-confirmation status hearing n/c post-confirmation status hearing n¢ 6/19/19 review and filing of quarterly reports on status of plan payments and quarterly fee statements 3rd & 4™ quarters 2018, 1° quarter 2019 20 post-confirmation status hearing n/c post-confirmation status hearing nic 8/20/19 preparation and filing of application for compensation and reimbursement of expenses 1.20 post-confirmation status hearing n/c

Preparation of motion for final decree (est.) 1.00 Court appearance re: motion for final decree & application

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for compensation and reimbursement of expenses (est.) 30 Total Hours 41.00 B. Summary of Cash Receipts and Disbursements 8/11/15 Review and filing of monthly operating reports for periods ending March 31, 2015, April 30, 2015, May 31, 2015, June 30, 2015, July 31,2015, & August 31, 2015 80 11/12/15 email to client re: list of rents and need to amend monthly reports .10 11/13/15 review and filing of amended summary of monthly cash receipts and disbursements for March, April, May, June, July, & August, 2015 40 11/13/15 review and filing of monthly operating report for period ending September 30, 2015 20 H2/15/15 review and filing of monthly operating report for period ending October 31, 2015 20 12/31/15 review and filing of monthly operating report for period ending November 30, 2015 20 2/16 review and filing of monthly operating report for period ending December 3!, 2015 20 3414/16 review and filing of monthly operating report for period ending January 31, 2016 20 6/16/16 review and filing of monthly operating reports for period ending February 29, 2016, March 31, 2016 and April 30, 2016 AO 8/30/16 review and filing of monthly operating reports for period ending May 31, 2016, June 30, 2016 and July 31, 2016 40 9/26/16 email from U.S. Trustee’s office and email to client re: August and September monthly operating reports 20 1/14/16 review of email from client with monthly reports and proof of payment of quarterly fees 10 11/14/16 review and filing of monthly operating reports for period ending August 30, 2016, and September 30, 2016 30 1/9/17 review and filing of monthly operating reports for period ending

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October 31, 2016, and November 30, 2016 30 2/22/17 review and filing of monthly operating reports for period ending December 31, 2016, and January 31, 2017 30 Total Hours 4,30 C. Plan and Disclosure Statement 6/23/15 review of Court’s order setting time for filing plan and disclosure Statement 10 9/30/15 preparation and filing of motion to extend time to file plan and disclosure statement B80 10/14/15 court appearance re: motion to extend time to file plan and disclosure statement and status of case and status hearing 50 10/28/15 preparation and filing of second motion to extend time to file plan and disclosure statement 70 LN/EO/1S court appearance re: case status and second motion for extension to file plan and disclosure statement 60 H/IIV/15 preparation of draft Chapter 11 plan 2.56 LW/1/ts preparation of draft of disclosure statement 2,50 1/11/15 email plan and disclosure statement to client for review AQ HvIB/15 preparation of revisions to plan and filing of Chapter 1} plan 80 1E/¥3/15 preparation of revisions to disclosure statement and filing of disclosure statement 80 11/E8/15 review of email from counsel for U.S. Trustee re: court’s deadline to file amended pian and disclosure statement and suggestions for making changes to plan and disclosure statement 40 11/48/15 court appearance re: status of case and filing of plan and disclosure statement 50 12/15/15 court appearance re: status of case and filing of plan and disclosure statement 60 12/30-31/15 preparation and filing of First Amended Plan of Reorganization 1.20) (2)

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12/30-31/15 preparation and filing of First Amended Disclosure Statement 1.20 (® 1/4/16 preparation and filing of Exhibits A, B, C to disclosure statement 1.00 1/6/16 court appearance re: status of case, status of plan and disclosure statement and status of U.S. Trustee’s motion to dismiss or convert 60 1/19/16 review of projections for attachment to disclosure statement and made comments to client 30 1/20/16 review of amended projections and filed Exhibit D to disclosure statement 20 1/25/16 preparation and filing of Second Amended Plan of Reorganization 70 1/25/16 preparation and filing of Second Amended Disclosure Statement 70 1/26/16 court appearance re: status of case, status of plan and disclosure statement and status of U.S. Trustee’s motion to dismiss or convert 60 2/10/16 review of Court’s order setting time for filing amended plan and disclosure Statement 10 3/8/16 preparation and filing of Third Amended Plan of Reorganization 70 3/8/16 preparation and filing of Third Amended Disclosure Statement .70 3/18-21/16 emails to and from counsel for BMO Harris re: suggested language for modification of Third Amended Plan to satisfy lien position AO 3/24/16 preparation of draft order modifying plan and disclosure statement and submission to all parties for review 30 3/25/16 preparation of order and notice of combined hearing on adequacy’ of Third Amended Disclosure Statement, confirmation of Third Amended Pian, fixing time for acceptances or rejections of plan and fixing time for filing objections 40 4/21/16 preparation and filing of certificate of service of order and notice of combined hearing on adequacy of disclosure statement and confirmation of plan 20 5/3/16 review of objection of Titan to confirmation 30 □□□ review of all filed ballots 50

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SHOE preparation and filing of ballot repori 30 S/VI/16 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan 60 6/21/16 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan, status, objection to Titan's claim and adversary against Titan 50 8/31/16 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan, status and adversary against Titan 60 10/5/16 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan, status and adversary against Titan .50 LI/T6/16 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan, status and objection to claim of Titan 69 HIO/17 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan, status, objection to claim of Titan, and U.S. Trustee’s motion to convert 50 V18/A7 court appearance re: combined hearing on adequacy of disclosure statement and confirmation of plan, status, objection to claim of Titan, and U.S. Trustee’s motion to convert 1.00 H18/17 tel conf with client re: continued hearing on confirmation 10 preparation and filing of motion to confirm plan 1.00 2/7417 preparation and filing of amended report on balloting AQ 2/21/17 preparation of outline for offer of proof for confirmation of plan and payments to creditors .350 2/2117 preparation of proposed order finding disclosure statement to be adequate and confirming plan of reorganization 40 2/21/17 email to client to appear in my office prior to confirmation hearing 10 2/2217 meeting with client to prepare for confirmation hearing 60 2/22/17 court appearance re: hearing on adequacy of disclosure statement

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and confirmation of plan 60 TNT preparation of payment schedule for client of payments required under confirmed plan and email to client .20 45/7 emails to and from client re: treatment of BMO Harris in confirmed plan 20 Total Hours 29,90 D. Claim of Titan Commercial, LLC TA28/15 letter to counsel for Titan Commercial, LLC (“Titan”) advising that filing complaint to foreclose judgment licn violated the stay 30 12/9/15 review of motion of Titan for leave to file late claim 50 12/15/15 court appearance re: Titan’s motion for leave to file late claim, status hearing of case, and status of U.S. Trustec’s motion to dismiss or convert 50 S/L3/16 preparation and filing of adversary proceeding to avoid preferential transfer 1.00 S/I3/16 preparation and filing of objection to Titan's claim 80 6/7/16 review of Titan’s motion to strike objection to claim and answer to adversary proceeding 70 6/14/16 preparation and filing of response to Titan’s motion to strike 1.00 6/21/16 court appearance re: objection to claim and status of adversary n/c 7/10-12/16 preparation and filing of motion for summary judgment, statement □□ of materia! facts and memorandum of law in support 3.00 THADAG preparation and filing of notice of hearing on motion for summary judgment 20 8/10/16 review of response filed by Titan and its memorandum of law 60 8/15-16/16 preparation and filing of reply to Titan’s response to motion for ro summary judgment 1.00 2 8/31/16 court appearance re: objection to claim and status of adversary ne 10/4/16 review of Titan’s motion for leave to amend claim 30

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10/13/16 preparation and filing of objection to Titan's claim 1,00 11/16/16 court appearance re: objection to claim nfe 12/2/16 review of Titan’s response to objection to claim 50 12/9/16 preparation of motion for extension of time to file reply to Tilan’s response to objection to claim 60 12/14/16 court appearance re: motion to extend time to file reply 20 12/15-16/16 preparation and filing of reply to Titan’s response to objection to □ claim 80 QD 1/16/17 email to counsel for Titan re: ballot rejecting plan 10 V/L6/17 tel conf with counsel for Titan making offer to resolve claim 30 VW16/17 tel conf with client re: offer to Titan to resolve claim 20 2/21/17 emails to and from counsel for Titan re: payment made by co-obhgor on debt and Titan amending its ballot to accept plan 40 Total Hours 14.00 E. Sale of Grand Avenue Propert 3/25/16 review of email and offer to purchase Grand Ave property from attorney for Bosak 40 10/6/16 review of and made changes to proposed listing agreement with Newmark Grubb Knight Frank 30 10/6/16 emails to and from counsel for Select Commercial and potential real estate broker regarding changes to listing agreement .20 10/7/16 preparation of affidavit for Newmark’s agent to sign and emails to and from proposed sales agent 40 10/11/16 emails to and from counsel for Select Commercial and Newmark regarding need for affidavit to be signed 20 11/19/16 preparation of revised affidavit of retention of sales agent and email to counsel for Select Commercial □□ review email from counsel for Select Commercial re: outstanding

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real estate taxes on property 10 26/17 review of email from counsel for Select Commercial re: transfer of Select Commercial’s file to new attorney 10 6/9/17 review of email from counsel for Select Commercial and review of title commitment 40 S287 emails to and from counsel for Select Commercial re: status of any offers to sell the property, amend plan to surrender or hold auction and opinions as to value 30 10/23/17 email to counsel for Select Commercial re: treatment of property .20 L/W? review of email from counsel for Select Commercial re: minimum amount to accept for short sale 10 4/18/18 email from counsel for Select Commercial with minutes of foreclosure of property to ascertain state of title 30 8/22/18 emails to and from counsel for Select Commercial re: closing of sale 20 10/4/18 review of sales contract and suggested changes to counsel for Select Commercial 60 10/18/18 review of closing documents and settlement statement .20 10/18/18 emails to and from counsel for Select Commercial re: complete releasc of liability from client to Select upon closing of sale .20 10/24/18 meeting with client to discuss and sign contract 30 10/26/18 email to counsel for Select Commercial with signature page 10 10/27/18 email to counsel for Select Commercial re: motion for approval of contract filed in co-owner’s Chapter 11 case 10 11/9/18 emails to and from counsel for Select Commercial confirming order approving sale was entered in co-owner's Chapter 11] case .20 1i/i3/18 emai! to client with drafts of closing documents for sale .10 LL/AL4/18 email to client coordinating signing of closing documents 10 HL/L4/18 email to counsel for Select Commercial confirming that reicase of

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further claims upon sale of property will also run to corporation 20 H/ES/L8 reviewed power of attorney drafted by counse! for Select Commercial for client to sign 20 1/15/18 email to client advising to sign deed and power of attorney 10 1/15/18 telephone conference with counsel for Select Commercial re: receipt of cancelled note and release or satisfaction of judgment on behalf of client and corporation upon sale of property and sent confirming email .30 11/20/18 email from client advising that daughter has all closing documents in her possession to deliver to counsel for Select Commercial 10 P1/20/18 email to counsel for Select Commercial advising that client’s daughter has all signed closing documents and will deliver to him 10 12/21/18 review of document cancelling note received by counsel for Select Commercial and made changes thereto and communicated with counsel 20 12/26/18 coordinated with client and counsel for Select Commercial in obtaining all executed closing documents 12/26/18 review of email from counsel for Select Commercial after closing of sale of property and review of posi-closing documents 20 Total Hours 7.20 F. Building Code Violation Case 3/8/18 review of complaint filed by City of Chicago for building code violations and discussions with client (Armitage lot) 60 3/9/18 court appearance re: building code violations 1,00 3/13/18 preparation and filing of appearance 20 5/11/18 court appearance re: building code violations 10 8/9-10/18 emails to and from client re: code violations case on Armilage lois 20 B/LO/IE court appearance re: building code violations 50 detailed email! to client with order entered in state court building code violation case asking for removal of trailer and installing fence 30 8/21/18 review of email from assistant corporation counsel and photos taken by

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inspector of Armitage lots 20 8/21/18 email to client of photos taken by inspector and no need for permit for fence if less than 5° .20 LO/L/L8 email to client and attorney for co-owner re: status of fence placement 10 10/4/18 telephone conference with assistant corporation counsel re: continued presence of debris on vacant lots and email to client 20 10/4/18 email to client and co-owner’s attorney regarding conversation with assistant corporation counsel 20 10/5/18 court appearance re: building code violations 50 LH/9/18 court appearance re: building code violations 60 12/1/18 emails from and to assistant corporation counsel re: status of removal! of container from vacant lot 20 12/12/18 telephone conference with client re: status of removal of container 20 12/12/18 email to assistant corporation counsel re: removal of container AD 12/14/18 courl appearance re: disposition of case 60 Total Hours 6.60 TOTAL HOURS 103.00 103 @ $450.00 TOTAL DUE $46,350.00.