In re Simmons

Judge Pamela S. Hollis

Chapter 7 ORDER ENTERING FINDINGS OF FACT AND CONCLUSIONS OF LAW AWARDING TO MAXWELL LAW GROUP, LLC, ATTORNEYS FOR TRUSTEE, ALLOWANCE AND PAYMENT OF FINAL APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES [EOD # 27] TOTAL FEES REQUESTED: $ 7,337.50
TOTAL FEES REDUCED: $ 120.00
TOTAL FEES ALLOWED: $7,217.50
TOTAL COSTS REQUESTED: $ 69.44
TOTAL COSTS REDUCED: $ 0
TOTAL COSTS ALLOWED: $ 69.44

THE COURT HAS UNDERLINED THE ATTACHED TIME AND EXPENSE ENTRIES WHICH HAVE BEEN DISALLOWED IN WHOLE OR IN PART. THE BASIS FOR EACH DISALLOWANCE IS DISCLOSED BY THE NUMERICAL NOTATION WHICH APPEARS NEXT TO EACH HIGHLIGHTED ENTRY. THE NUMERICAL NOTATIONS REFER TO THE ENUMERATED PARAGRAPHS BELOW.

The court disallows the compensation of clerical or stenographic employees of the professional for the performance of routine clerical or administrative activities in the normal course of the professional's business, such as photocopying, secretarial work, or routine filing. Such activities are considered overhead of the professional and are built into the professional's hourly billing rates. In re Chellino, 209 B.R. 106, 114 (Bankr. C.D. Ill. 1996) (Paralegal, but not "clerk" services entitled to compensation at an hourly rate; clerk activities are overhead of the professional); Souza v. Miguel, 32 F. 3 1370, 1375 (9 Cir. 1994) (Trustee not entitled to reimbursement or compensation of overhead expenses such as secretarial, stenographic, clerical and routine messenger services).

The court denies the allowance of compensation for the following tasks because the amount of fees appears to be a computational or typographical error. Also, where there are two identical entries (same day, same tasks, same time billed), the court will consider one of the entries to be a typographical error. IT IS SO ORDERED.

ENTERED:

/s/_________

PAMELA S. HOLLIS

United States Bankruptcy Judge
Date: September 2, 2014 Simmons, Q: (continued)