Trevino v. U.S. Bank Trust, N.A. (In re Trevino)
Decision Date | 10 September 2021 |
Docket Number | ADVERSARY NO. 13-7031,CASE NO: 10-70594 |
Citation | 633 B.R. 485 |
Parties | IN RE: Jose Sr. TREVINO and Teresa Trevino, Debtors. Teresa Trevino and Jose Sr. Trevino, Plaintiffs, v. U.S. Bank Trust, N.A. and Caliber Home Loans, Inc., Defendants. |
Court | U.S. Bankruptcy Court — Southern District of Texas |
Catherine Stone Curtis, Pulman, Cappuccio & Pullen, LLP, McAllen, TX, Karen L. Kellett, Caitlyn Nicole Wells, Theodore O. Bartholow, Kellett & Bartholow PLLC, Dallas, TX, for Plaintiffs.
Michael Peter Parmerlee, Golden Operating Corporation, Richardson, TX, Melissa S. Hayward, Zachery Z. Annable, Hayward & Associates PLLC, Julian Preston Vasek, Munsch Hardt Kopf & Harr P.C., Dallas, TX, for Defendants.
U.S. Bank Trust, N.A., as trustee for LSF8 Master Participation Trust, and Caliber Home Loans, Inc. seeks summary judgment as to Teresa and Jose Trevino's claims for compensation and expenses as set forth in the application of Plaintiffs’ counsel for "Allowance of Compensation and Reimbursement of Expenses" jointly filed by Kellett & Bartholow PLLC and Stone Curtis PLLC. On July 15, 2021, the Court held a hearing. For the reasons stated herein, summary judgement is granted against Kellett & Bartholow PLLC and Stone Curtis PLLC regarding their fees between December 2013 and July 7, 2014. If Kellett & Bartholow PLLC and Stone Curtis PLLC carry their burden at trial to show that their fees and expenses are reasonable and necessary for that time period, they will be awarded no more than $1,837.50 in fees and $247.99 in expenses. Additionally, as for Kellett & Bartholow PLLC and Stone Curtis PLLC's fees between July 8, 2014, and March 21, 2016, if they carry their burden at trial to show that their fees and expenses are reasonable and necessary for that time period, they will be awarded no more than $28,105.00 in fees and $1,871.56 in expenses. The remainder of U.S. Bank Trust, N.A., as trustee for LSF8 Master Participation Trust, and Caliber Home Loans, Inc.’s motion for summary judgment is denied. Additionally, the Court denies Kellett & Bartholow PLLC and Stone Curtis PLLC's request for summary judgment that they are entitled to fees and costs for their defense of the fee application.
As required by Rule 56(f)(1), notice is hereby given to U.S. Bank Trust, N.A., as trustee for LSF8 Master Participation Trust, and Caliber Home Loans, Inc. of the Court's intention to grant summary judgment for Kellett & Bartholow PLLC and Stone Curtis PLLC, finding that they are entitled to recover reasonable and necessary attorneys’ fees pursuant to this Court's prior judgment awarding fees pursuant to 11 U.S.C. § 105(a) and 15 U.S.C. § 1692k(a)(3) and that in determining the necessity and reasonableness of their requested fees and expenses, there is no proportionality analysis required in connection with Teresa and Jose Trevino's damages award. U.S. Bank Trust, N.A., as trustee for LSF8 Master Participation Trust, and Caliber Home Loans, Inc. have twenty days from the entry of this Court's accompanying order to respond to the Court's notice. Kellett & Bartholow PLLC and Stone Curtis PLLC are granted twenty days from the date of U.S. Bank Trust, N.A., as trustee for LSF8 Master Participation Trust, and Caliber Home Loans, Inc.’s response, if any, to reply. No other briefing will be accepted on the matter.
A genuine dispute of material fact remains regarding the amount, necessity and reasonableness of Kellett & Bartholow PLLC and Stone Curtis PLLC's fees and expenses which will be determined after a final trial on the merits.
This Court holds jurisdiction pursuant to 28 U.S.C. § 1334 and now...
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Trevino v. U.S. Bank Trust, N.A. (In re Trevino)
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