Rosebud Farm, Inc.

CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedAugust 21, 2019
Docket18-24763
StatusUnknown

This text of Rosebud Farm, Inc. (Rosebud Farm, Inc.) 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
Rosebud Farm, Inc., (Ill. 2019).

Opinion

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: ) ) Case No. 18bk24763 ROSEBUD FARM, INC. ) ) Chapter 7 Debtor. ) ). Honorable Timothy A. Barnes FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO LAUREN NEWMAN AND THOMPSON COBURN LLP, COUNSEL FOR CHAPTER 7 TRUSTEE, FOR ALLOWANCE AND PAYMENT OF FIRST INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES TOTAL FEES REQUESTED: $126,460.00 TOTAL COSTSREQUESTED: $ 636.50 TOTAL FEES REDUCED: $ 4,658.75 TOTAL COSTS REDUCED: $ 0.00 TOTAL FEES ALLOWED: $121,801.25 TOTAL COSTS ALLOWED: $ 636.50 TOTAL FEES AND COSTS ALLOWED: $ 122,437.75 The attached time and expense entries have been highlighted 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 highlighted entry. The numerical notations correspond to the enumerated paragraphs below. (1) Improper Allocation of Professional Resources — TOTAL of disallowed amounts $ 3,110.50 The Court denies the allowance in part of compensation for the indicated task(s) as a professional with a lower level of skill and experience or a paraprofessional could have performed the task(s). Jw re Peftebone, 74 B.R. 293, 303 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (‘Senior partner tates will be paid only for work that warrants the attention of a senior parmer. A senior partner who spends time reviewing documents or doing research a beginning associate could do will be paid at a rate of a beginning associate. [Citation omitted]. Similarly, non-legal work performed by a lawyer which could have been performed by less costly non-legal employees should command a lesser rate.”); In re Wildman, 72 B.R. 700, 710 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (same); Iz 1 Alberto, 121 B.R. 531, 535 (Bankr. N.D. Ill. 1990) (Squires, J.) (determining use of partner appropriate where attendant complex legal issues warrant highly experienced practitioner). In this case, the entries reduced under this category have been allowed at the associate rate for research assignments that could have been delegated to an associate. (2) Unreasonable Time — TOTAL of disallowed amounts: $ 892.00 The Court denies the allowance in part of compensation for the indicated task(s) since the professional or paraprofessional expended an unreasonable amount of time on the task(s) in light of the nature of the task(s), the experience and knowledge of the professional performing the task(s),

and the amount of time previously expended by the professional or another on the task(s). In re Pettibone, 74 BR. 293, 306 (Bankr. N.D. Ill. 1987) (Schmetterer, J.) (“The Court will determine what is the reasonable amount of time an attorney should have to spend on a given project... An attorney should not be rewarded for inefficiency. Similarly, attorneys will not be fully compensated for spending an unreasonable number of hours on activities of little benefit to the estate.”); In re Wildman, 72 B.R. 700, 713 (Bankr. N.D. Il. 1987) (Schmetterer, J.) (same). In this case, any time charged for attending hearings where the matter has been granted in chambers will not be tolerated. Additionally, the court cautions counsel that the time entries for hearings in general were almost an hour beyond the hearing time. Counsel cannot bill for commute time to the court and such entries will be strictly scrutinized going forward. (3) Unreasonable Travel Rate — TOTAL of disallowed amounts (50% of affected entries): $656.25 The Court denies the allowance in part of compensation for travel time or entries that are lumped with travel time, where compensation at the normal houtly rate (not the customary one-half discounted rate) is sought without explanation. In Planter, Case No. 08 B 16883, 2009 WL 1393691 (Bankr. N.D. Ill. May 18, 2009) (Barbosa, J.) (“this Court has routinely held that time spent traveling to and from a location typically shall be compensated at one-half of the attorneys’ or other professionals’ hourly rate.”); Ia re McKeeman, 236 B.R. 667 (B.A.P. 8th Cir.1999); In re § panjer Bros., 191 B.R. 738, 755 (Banke. N.D. Ill. 1996) (Squires, J.). © Dated: August 21, 2019 NSS J) Timothy. Bates AH United States Bankruptcy Judge

EXHIBIT A

FEES Case Administration:

Paralegal Lauren reviewing bankruptcy court docket $525.00 Lauren trustee, re equipment sales by debtor $525.00 Lauren statement of financial affairs $525.00 Addis determine status of encumbrances against the | $435.00 teal estate 10/01/18 | Newman, Review and analyze the district court docket 1.50 $787.50 Lauren and pleadings in discrimination case against $525.00 debtor, the opinion of the seventh circuit ruling against the debtor and the judgment against the debtor A. searches against Rosebud Farm, Inc. §215.00 10/01/18 | Newman, Communication to 8. Walsh, Chicago Title, ta 0.20 $105.00 Lauren order lian search on debtor's real! estate $525.00 Lauren on debtor's real estate $525.00 Lauren copies of liens from recorder of deeds re liens | $525.00 on debtor's real estate and advise on same Lauren $525.00 Lauren $525.00 Lauren debtor's real property $525.00 10/03/18 ) Newman, Communication to J. Lango, counsel for 0.20 $105.00 Lauren judgment creditor, for introduction and to $525.00 advise against additional liens against debtar’s property A. forward same to L. Newman $215.00 Lauren for judgment creditor, to respond to questions | $525.00 on lease and other matters Lauren results of UCC and judgment lien searches for | $525.00 debtor

Paralegal | 10/08/18 Review and analyze results of UCC and $262.50 Lauren judgment lien searches for debtor $525.00 10/17/18 | Newman, Review district court docket, citation pleadings 0.80 $420.00 Lauren and court orders for citatians to discover $525.00 assets, in order to ascertain post-petition liens by judgment creditor 10/17/18 | Newman, Detailed communication to A. Moglia, trustee, 0.40 $210.00 Lauren to advise on status of citation liens filed by $525.00 judgment creditor and whether assets remain in estate Lauren debtor's assets, including Quade decision $525.00; 10/19/18 | Newman, Communications to and from A. Moglia, 0.20 $105.00 Lauren trustee, to plan strategy re possible lease fe” ernment 10/23/18 | Newman, Review schedules and prepare questions for 1.20 $630.00 Lauren upcoming continued 341 meeting of creditars | $525.00 10/23/18 | Buckley Jr., Review schedules and SOFA in preparation for 0.80 $496.00 Francis X. investigation of asset disposition by principals | $620.00 10/24/18 | Buckley Jr., Meeting with D. Brown, attorney far debtor, 0.80 5496.00 Franc’ _|rebetrounoeestors dost stots [S009] 10/24/18 | Newman, Communication te J. Longo, counsef to R. 0.20 5105.00 Lauren Smith, judgment creditor, to advise that $525.00 automatic stay prevents any further perfection of liens and trustee will move for contempt if he files liens post-petition 16/24/18 | Newman, Cammunication to J. Longa, counsel to R. 0,20 $105.00 Lauren Smith, judgment crediter, to advise that $525.00 fees automatic stay prevents appeal of his fee ee award in district court litigation 10/24/18 | Newman, Communication to J. Longa, counsel to R. 0.20 $105.00 Lauren Smith, re cost considerations of extensive $525.00 litigation against Debtor 10/24/18 | Newman, Communication ta J, Longo, counsel to R. 0.20 $105.00 Smith, re debtor's pre-petition liquidatian of seo) its assets 10/24/18 | Newman, Review motion to lift stay by R. Collum, Lauren personal injury claimant, to pursue insurance | $525.00 10/24/18 | Newman, Review outcome of creditors meeting and Lauren analyze possible asset recove $525.00 10/24/18 | Newman, Appear at continued meeting of creditors 2.20 Lauren along with the trustee, and assist trustee in $525.00 questioning the representative of the debtor

Pe Paralegal Newman, | Communication to 0.

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Related

In Re Wildman
72 B.R. 700 (N.D. Illinois, 1987)
Bachman v. Laughlin (In Re McKeeman)
236 B.R. 667 (Eighth Circuit, 1999)
In Re Pettibone Corp.
74 B.R. 293 (N.D. Illinois, 1987)
In Re Spanjer Bros., Inc.
191 B.R. 738 (N.D. Illinois, 1996)
In Re Alberto
121 B.R. 531 (N.D. Illinois, 1990)

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Bluebook (online)
Rosebud Farm, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosebud-farm-inc-ilnb-2019.