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In re: SPORTS SHINKO (FLORIDA) CO., LTD., d/b/a Grenelefe Golf and Tennis Resort, Chapter 7 Debtor.

ORDER ON (1) TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL MULLIS, P.A.'S VERIFIED SECOND INTERIM FEE APPLICATION, AND (2) GRENELEFE ASSOCIATION OF CONDOMINIUM OWNERS NO. 1, INC. OBJECTION TO SECOND INTERIM FEE APPLICATION

PAUL GLENN, Bankruptcy Judge

THIS CASE came before the Court for hearing to consider (1) the Verified Second Interim Fee Application filed by Trenam, Kemker, Scharf, Barkin, Frye, O'Neill Mullis, P.A., as counsel for the Chapter 7 Trustee, and (2) the Objection to the Verified Second Interim Fee Application filed by Grenelefe Association of Condominium Owners No. 1.

In the Verified Second Interim Fee Application, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill Mullis, P.A. (Trenam) seeks an award of fees in the amount of $129,264.50, and reimbursement of costs in the amount of $6,418.75, for a total award of $135,683.25. The fees and costs relate to legal services provided by Trenam to the Chapter 7 Trustee during the period commencing on December 21, 2001, and ending on October 18, 2004. An itemization of the time and labor expended by Trenam is attached to the Application as Exhibit A.

In its Objection, Grenelefe Association of Condominium Owners No. 1, Inc. (the Association) expressly states that it does not object to the amount requested by Trenam in the Fee Application. Instead, the Association asserts only that payment of Trenam's fees and costs would render the estate administratively insolvent, and that such payment would thereby impair the Association's ability to receive payment of its own administrative claim. Specifically, the Association requests that the Court "defer ruling on the payment of all administrative claims until the end of the case."

At the hearing on the Application and Objection, therefore, Trenam agreed not to seek the entry of an Order directing payment of its fees and costs. (Transcript, p. 5). Instead, Trenam requested only that the Court enter an Order allowing the fees and costs in the amounts set forth in the Application.

No other Objections to the Application were filed, and the United States Trustee does not oppose the allowance of the fees. (Transcript, p. 8).

Under these circumstances, the Court finds that the Association's Objection should be sustained, and that Trenam's Second Interim Fee Application should be approved in the amounts requested. The Chapter 7 Trustee shall not disburse the allowed fees and costs to Trenam, however, until this case has been fully administered.

Accordingly:

IT IS ORDERED that:

1. Trenam, Kemker, Scharf, Barkin, Frye, O'Neill Mullis, P.A.'s Verified Second Interim Fee Application is approved.

2. Trenam, Kemker, Scharf, Barkin, Frye, O'Neill Mullis, P.A. is awarded fees for its legal services in the amount of $129,264.50, and reimbursement for expenses incurred in the amount of $6,418.75, for a total award in the amount of $135,683.25.

3. The Chapter 7 Trustee shall not disburse the allowed fees and expenses to Trenam, Kemker, Scharf, Barkin, Frye, O'Neill Mullis, P.A. until this case is fully administered.

4. The Objection to Second Interim Fee Application filed by Grenelefe Association of Condominium Owners No. 1, Inc. is sustained as set forth in this Order.

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IN RE SPORTS SHINKO
(Sep 28, 2005)