JUDGE HERB ROSS (Recalled)
In Chapter 11
MEMORANDUM EXPLAINING REDUCTION IN FEES ON FOURTH FEE APPLICATION [McGee Law Offices - ECF No. 197]
While reviewing the McGee Law Offices (MLO) fourth fee application (ECF No. 197), the court noticed MLO was charging 10.8 hours for Mr. McGee's time at $330 per hour for the preparation of the fee application, instead of the $180 per hour the court believes was authorized, a $150 per hour overstatement. I reviewed the revised Legal Representation Agreement which was attached as Exhibit H to the first fee application, which does not make an exception to allow the higher rate. Thus, the fourth fee application should be reduced by 10.8 hours x $150/hr. = $1 , 620 .
ECF No. 197 at page 8, showing 10.8 hours at $330/hr. on the July 11, 2015 statement.
The Legal Representation Agreement is Exhibit H to the first fee application. ECF 92, pages 73-77. --------
The court then reviewed the second and third fee applications, and they contained similar overstatement:
| | | Filed atECFNo.
OrderApprovingat ECF No. |
HoursOverstated |
Amount at$150/hr. |
| Second Application |
136 |
142 |
13.0 hrs. |
$1,950 |
| Third Application |
166 |
178 |
5.7 hrs |
$855 |
| | | $2,8005
The total overstatement for the three fee applications is $1,620 + $2,805 = $4 , 425 . The court will reduce the attorney fees on the fourth application to adjust for the overstatements it perceives on the second, third and fourth application to $47 , 483 ($51,908 requested on the fourth application, minus the $4,425 total correction).
To allow MLO due process to contest this analysis, MLO will have 21 days from entry of the order approving the application to file a file an objection to the court's reduction. MLO may request a hearing if it desires one.
DATED: October 28, 2015
/s/ Herb Ross
HERB ROSS
U.S. Bankruptcy Judge Serve :
Cabot Christianson, Esq., for the debtor
Michael Mills, Esq., for the UCC
Terence McGee, Esq., special counsel for debtor
Thomas E. Buford, Asst. US Trustee for Region 18