NCW Properties, LLC

CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedOctober 22, 2019
Docket18-20215
StatusUnknown

This text of NCW Properties, LLC (NCW Properties, LLC) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NCW Properties, LLC, (Ill. 2019).

Opinion

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: ) ) Case No. 18-20215 NCW Properties, LLC, } ) Chapter 11 Debtor. ) ) Honorable Timothy A. Barnes FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO ASI ADVISORS, LLC, FINANCIAL ADVISOR TO THE DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES TOTAL FEES REQUESTED: — $37,233.75 TOTAL COSTS REQUESTED: $ 280.00 TOTAL FEES REDUCED: $ 112.56 TOTAL COSTS REDUCED: $ 0.00 TOTAL FEES ALLOWED: $ 37,121.25 TOTAL COSTS ALLOWED: $ 280.00 TOTAL FEES AND COSTS ALLOWED: $ 37,401.25 The attached time and expense entries have been underlined to reflect disallowance in whole or in part. The basis for cach disallowance is reflected by numerical notations that appear on the right of cach underlined entry. The numerical notations correspond to the enumerated paragraphs below. (1) Insufficient Description - TOTAL of disallowed amounts: $ 112.50 The Court denies the allowance of compensation for the indicated task(s) as the description of each task fails to identify in a reasonable manner the service rendered. In re Pettibone, 74 B.R. 293, 301 Bankr. N.D, Ii. 1987) (Schmetterer, J.) (“A proper fee application must list each activity, its date, the attorney who performed the work, a description of the nature and substance of the work performed, and the time spent on the work. [Citation omitted] Records which give no explanation of the activities performed are not compensable.”); In Wildman, 72 B.R. 700, 708-09 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (same). Two of the time entries submitted here appeared beside the description for the preceding entries and do not have descriptions of their own. See Application of ASI Advisors, LLC for Final Compensation and for Reimbursement of Expenses as Financial Advisor to the Debtor for Period [From] April 1, 2019 Through September 6, 2019, at pp. 35, 34, [Dkt. No. 191].’ Ss \o—~ /] Dated: October 22, 2019 oe mothy A. Barnes SS United States Batikttiptcy Judge

As the fee application and the attached timesheets were filed as a single document without any internal pagination, the court has extrapolated the page numbers based on the pagination of the PDF file.

A S I ADVISORS, LLC WESTCHESTER FINANCIAL CENTER 50 MAIN STREET, SUITE 1000 WHITE PLAINS, NEW YORK U.S.A. 10606 Tel: (914)-234-6133 Fax: (914)-234-0837 September 16, 2019 NCW Properties, LLC 2121 Oneida, Suite 402 Joliet, 1160435

For Services Rendered on Chapter 11 Bankruptcy Case 18-2015 as September 6, 2013

Hourly Fees per Weekly Time Sheet for the period of August 1 through September 6, 2019 Hours Rate Managing Director 10.20 $225.00 Category Hours Billing Case Administration 1.05 § 243.75 Sale of Assets/Financing 0 $0 Financial Document Production 0 $0 Schedules/SOFA/MOR 2.05 § 468.75 Creditor Issues 2.25 § 543.75 Pian/Disclosure Statement 3.00 $ 675.00 Creditor Meetings/Hearings 1.45 $ 393.75 Total 10.20 $ 2,325.00 Charges for □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 2,325.00 Balance of Billing as of JuN@ 30, 2019.0... □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 910,728.75 TOTAL BILLING LA □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ one 93,093.75 EXPENSES: Court Solutions □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 70.00

TOtAL □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ceases □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 913,123.75 TOTAL □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ S L3, 123275

OO EEE a

AS! ADVISORS, LLC WEEKLY TIME SHEET-NCW PROPERTIES, LLC DATE EMPLOYEE NAME 9 TIME Category TASKS fin mins.) 2-Aup BD Stukes 0.1 F Review of Setterent Motions for McNinch and Ruschel 5-Aug D.Stukes OTA Review of lawsuit flied by Store Capital against Gary Wright O2 F Cali with Alan-re: discuss the executed APA and Plan Support Agreement bet/ Store and Vieste te determine Store's release of members, determined Store has released members as of the Effective Date, ascertain why is Store filing suit now given the agreed release, agreed Gary & Dean should be at 8/20 Confirmation hearing to get clarity on this matter, suggest Dean & Gary should have lawyer secure 3 additional time to respond to the complaint G.15 A Call with Dean- update on my review on Jawsuit and discussion with Alan about the same, actions that should be taken related to the matter B-Aug O.Stukes 02D Cail with Alan- discuss UST outstanding issues; heed MOR's for Dec- Julu, need UST quarterly payment made-$975, need Robert Lantz on call for hearing 8/20, need Dean at hearing on 3/20 0.1. D Call with Dean- discuss the abave, must get the MOR's on Monday 0.05 D Foliow-up with Alan on the shove

Category Hours A Case Administration D Stukes O25 B Sale of Assets/Financing D.Stukes c Financial Document Production DStukes D Schedide/SOFA/MOR B.Stukes 0.25 E Creditor Issues O.Stukes F Plan/Biscloure Statement D.Stukes 0.3 6 Creditor Meetings/Hearings D.Stukes TOTAL 12

OO EEE

AS! ADVISORS, LLC WEEKLY TIME SHEET-NCW PROPERTIES, LLC DATE EMPLOYEENAME TIME Category TASKS {in mains.) 13-Aug B.Stukes Gib Call with Alan-update on status of MOR's completion & UST fee paid, Discussion about status of Burkendorf & Plan Support Agreement, discuss follow-up on Burkendorf payment due, possibly set-up call with Robert Lantz 0.15 F Call with Larry Ross-re: discuss he wanting an update of Buzkendort activities & payment due, apparent issues with Joe Caok and Burkendort is impacting payment being made, discuss Cook Issues and why, discuss AeXxt Steps to pet this matter resolved 610 Conf cait with Dean & Melody-re: review what is needed to be submitted to UST and timing for the same, discuss the MOR's and what should be in the MOR's and not in MOR's, need Decduly 14-Aug O.Stukes 02D Review completed MOR's for March, April, May, June, provide comments and notes on changes to be made & questions on certain iterns to be adtivessed O10 Email Alan-forwarded MOR's and UST copy of check for payment, notes OB MOR's for his review 0.15 F Conf call with Alan and Robert Lantz-re: discuss on status of Burkendorf payment due, Lantz explained in detailed the issues by and between Cook and Burkendorf that need to be resolved before payment will be remitted, our thoughts on Cook's issues and that he already signed a Plan Support Agreement whith addressed the matters he wants addressed now, Cook can't stop the proceees, Lantz thinks Burkendorf hascome to a resokstion on the matters and they have a agreement out for Cook to sign

Category Hours A Case Administration D.Stukes 8 Sale of Assets/Financing D.Stukes C Financial Document Production D.Stukes DB Scheduie/SOFA/MOR D.Stukes O.5 £ Creditor issues O.Stukes F Plan/Discloure Statement D.Stukes 0.3 G Creditor Meetings/Hearings D.Stukes TOTAL 12

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Related

In Re Wildman
72 B.R. 700 (N.D. Illinois, 1987)
In Re Pettibone Corp.
74 B.R. 293 (N.D. Illinois, 1987)

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