In re Horn & Hardart Baking Co.
| Decision Date | 21 June 1983 |
| Docket Number | Bankruptcy No. 81-03552K. |
| Citation | 30 BR 938 |
| Parties | In re HORN & HARDART BAKING COMPANY, Debtor. |
| Court | U.S. Bankruptcy Court — Eastern District of Pennsylvania |
Gerald J. McConomy, Myron A. Bloom, Philadelphia, Pa., for debtor.
Marvin Krasny, Philadelphia, Pa., for Official Creditors' Committee.
Maurice Baehr, Philadelphia, Pa., Trustee.
The Court has been presented with numerous applications for compensation by the Counsel for the Debtor and the Official Creditors' Committee in the instant Chapter 11 case. In order to simplify discussion and reference, we will examine each individually.1
Pursuant to our Order of October 4, 1982, Counsel for the Debtor has submitted an amended fee application. The Court will examine the application by reviewing the services which have been rendered by each attorney or paralegal.
The application shows that Mr. Bloom spent 83.3 hours of time on this case. In accordance with the entries made upon the original application, the Court will disallow eight (8) hours on the basis that the application impermissibly lumps together several services. We further find that a reasonable hourly rate for the services rendered by this attorney is $120.00. A fee of $9,036.00 will be awarded for the services rendered by this attorney.
The application seeks compensation for 10.8 hours of legal services. We find this application satisfactory and award an hourly fee of $120.00. A total of $1,296.00 will be allowed on this basis.
The application seeks compensation for 2.7 hours of legal services. The Court finds that $120.00 is a reasonable hourly rate. A fee of $324.00 will be awarded.
The application for this attorney was satisfactory and the fee requested of $3,306.00 will be approved.
The application seeks compensation for 22.7 hours of legal services. The Court finds a fee of $120.00 to be reasonable for these services. Accordingly, compensation in the amount $2,724.00 will be allowed.
Compensation will be allowed this attorney at the rate of $120.00 per hour for one-half of an hour of professional services. A fee of $60.00 is allowed.
The application seeks approval of 4.7 hours of legal services. The Court finds a fee of $175.00 per hour to be fair and reasonable. A fee of $822.50 will be awarded.
The Court will award the fee of $1,242.00 as requested in the application.
In describing the services rendered by this attorney, the application is rendered nearly meaningless by the constant use of abbreviations and initials. The Court should not be required to wade through a maze to justify a fee request. The burden is on the party seeking compensation to provide the Court with sufficient information to justify the fee. We do not doubt that Ms. Heyman rendered proper service, but this particular application challenges comprehension. Also, the application lacks specificity concerning particular services. (e.g., Adelman call). The Court will disallow this request for compensation unless further, more complete information is provided.
Compensation for 5.0 hours of legal services is sought. The Court will allow these services and finds that $150.00 per hour is reasonable. A fee of $750.00 is allowed.
Compensation for 11.1 hours of legal services is requested in the application. We find that a fee of $100.00 per hour is reasonable and will award a fee of $1,110.00.
Compensation for 1.5 hours at the rate of $120.00 per hour will be awarded to this attorney. A fee of $180.00 is fair and reasonable for these services.
In this instance, we find that a fee of $175.00 per hour to be fair and reasonable for this attorney's specialized tax advice. The request for approval of 2.1 hours of legal services will be allowed, resulting in a fee of $367.50.
Of this claim for compensation of 65.2 hours for professional services, 20.9 hours will be disallowed on the basis that the application does not provide the necessary itemization of services. An additional 3.1 hours will be disallowed because the application lumps services together in one request. The particular hours disallowed are noted on the original application. The Court further finds that a fee of $175.00 per hour is fair and reasonable for the services rendered by this attorney. A fee of $7,210.00 will be allowed.
The application requests approval of 1.4 hours of legal services. The Court finds a fee of $280.00 to be reasonable for these services.
Of this fee request, 1.2 hours will be disallowed on the basis that the application does not provide the Court with sufficient information. Entries such as "Orcap" are clearly devoid of information and the Court and parties in interest should not be required to speculate as to the services rendered. The Court will allow the remaining 8.5 hours at a fee of $120.00 per hour, resulting in compensation of $1,020.00.
Complete information was supplied and the Court will allow the fee requested in the sum of $2,292.00.
Complete information was supplied and the Court will allow the fee requested in the sum of $6,539.50.
Complete information was supplied and the Court will allow the fee requested in the sum of $300.00.
A total of 55.7 hours of services is presented in this fee request. The Court will disallow 25.2 hours spent in preparing the fee application on the basis that this is not a compensable service. The Court will disallow an additional 13.3 hours on the basis that several services are impermissibly lumped together in one entry. Finally, 1.1 hours will be disallowed on the basis that insufficient itemization of the services is shown in the application. The particular dates for which compensation has been disallowed are noted on the original application. The Court finds that 16.1 hours will be allowed at a rate of $34.00 per hour. A fee of $547.40 will be allowed.
In this instance, 2 hours will be disallowed on the basis that the application does not provide the Court with sufficient information. The rate of $41.00 per hour will be allowed for 5.1 hours. A fee of $210.00 will be awarded.
The Court will award the fee of $310.00 as requested.
This request is based on the fact that this paralegal collected time sheets. We cannot conceive how this service benefited the debtor. Furthermore, the preparation of a fee application is not a compensable service. No fee will be allowed.
This request will be disallowed on the basis as set forth in the immediately preceding paragraph.
The Court finds that delivery of papers to the Court House is not a legal service for which the debtor should bear the cost. The fee is disallowed.
Complete information was supplied and this fee will be allowed as requested in the sum of $1,517.60.
Conclusion:
On this application, the Court will award counsel for the debtor compensation for professional legal services in the sum of $41,444.50.
The Court will examine this second application by reviewing the services which have been rendered by each attorney or paralegal.
Compensation is sought for over 300 hours of legal services rendered by this attorney. Upon review of the application, the Court must disallow 12.5 hours spent in preparing the fee application. An additional 4.9 hours will be disallowed for impermissibly lumping several services together in one entry. The Court will allow 313 hours of legal services at a fee of $120.00 per hour. A total fee of $37,560.00 will be awarded for this attorney's services.
Compensation for 9.8 hours of professional services will be allowed at a fee of $120.00 per hour, resulting in a total fee of $1,176.00.
Of this request, 1.3 hours will be disallowed on the basis that the application does not set forth sufficient information. The other 10.8 hours will be allowed at the rate of $120.00 per hour. A total fee of $1,296.00 will be awarded for this attorney's services.
This request of .2 hours will be disallowed on the basis that the application does not provide the Court with sufficient information to award a fee.
Compensation will be allowed this attorney in the amount of $1,026.00 for 17.1 hours at the rate of $60.00 per hour. Further compensation will be allowed at the rate of $85.00 per hour. We find no basis for the sudden increase from $60.00 to $102.00 per hour requested in the application. A total fee of $8,140.50 will be allowed.
The application requests the Court to allow compensation for 113.7 hours of service. The Court must disallow 26 hours spent on preparing the fee application on the basis that this is not a compensable legal service. An additional 13.5 hours will be disallowed on the basis that the entries for which compensation is requested do not provide the Court with sufficient information to justify an award of counsel fees. The particular entries which have been disallowed...
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