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In re W. Side Cmty. Hosp., Inc.

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Aug 5, 2014

Judgment

CaseIQ

Eugene R. Wedoff United States Bankruptcy Judge

Chapter 11 FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER GRANTING APPLICATION OF KRIEG DEVAULT, SPECIAL COUNSEL FOR DEBTORS, FOR ALLOWANCE OF INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES

TOTAL FEES REQUESTED: $19300.50
TOTAL FEES REDUCED: $3,271.00
TOTAL FEES ALLOWED: $16,029.50
TOTAL COSTS REQUESTED: $69.22
TOTAL COSTS REDUCED: $0.00
TOTAL COSTS ALLOWED: $69.22

TOTAL FEES AND COSTS ALLOWED: $16,098.72

The attached time and expense entries have been underlined to reflect disallowance in whole or in part. The basis for each disallowance is reflected by numerical notations that appear on the left of each underlined entry. The numerical notations correspond to the enumerated paragraphs below.

(2) Unreasonable Time

The Court denies the allowance in part of compensation for the following task since the professional or paraprofessional expended an unreasonable amount of time on this task in light of the nature of the task, the experience and knowledge of the professional performing the task, and the amount of time previously expended by the professional or another on the task. In re Pettibone, 74 B.R. 293, 306 (Bankr. N.D. Ill. 1987) ("The Court will determine what is the reasonable amount of time an attorney should have to spend on a given project... An attorney should not be rewarded for inefficiency. Similarly, attorneys will not be fully compensated for spending an unreasonable number of hours on activities of little benefit to the estate."); In re Wildman, 72 B.R. 700, 713 (Bankr. N.D. Ill. 1987) (same).

As to the time devoted to the preparation of the fee application itself, the Court denies the allowance of compensation that is disproportionate to the total hours in the main case. In re Wildman, 72 B.R. 700, 711 (Bankr. N.D. Ill. 1987) ("In the absence of unusual circumstances, the hours allowed by this Court for preparing and litigating the attorney fee application should not exceed three percent of the total hours in the main case."); In re Spanjer Bros., Inc., 203 B.R. 85, 93 (Bankr. N.D. Ill. 1996) (compensation limited to 5%). See also In re Pettibone Corp., 74 B.R. 293, 304 (Bankr. N.D. Ill. 1987) (citing Coulter v. State of Tennessee, 805 F.2d 146, 151 (6th Cir. 1986) (in non-bankruptcy cases, compensation for preparation and litigation of fee petitions limited to 3-5% of the hours of the main case)). Dated: August 5, 2014

/s/_________

Eugene R. Wedoff

United States Bankruptcy Judge FOR PROFESSIONAL SERVICES RENDERED THROUGH April 30, 2014

B160

04/09/14	CDM	Attend hearing on Krieg DeVault LLP's First Interim Fee Application (one third of total time).
		A109	0.30	495.00 /hr	148.50
04/09/14	CDM	Review of issues regarding preparation of Second Interim Fee Application (one third of total time).
		A104	0.20	495.00 /hr	99.00
04/09/14	RJW	Attend court for hearing on the petition (one third of total time).
		A109	0.40	475.00 /hr	190.00
04/09/14	RJW	Conference with D. Motsinger regarding current invoices and second interim fee petition (one third of total time).
		A105	0.30	475.00 /hr	142.50
Total Fees for this Matter: 1.20	$ 580.00
CDM	Motsinger, C. Daniel	0.50 hrs	495.00 /hr	247.50
RJW	Wild, Robert J.	0.70 hrs	475.00 /hr	332.50
Total: 1.20 hrs	$ 580.00

FOR PROFESSIONAL SERVICES RENDERED THROUGH July 11, 2014 B160

B410

B160

Bl60

B160

B410

07/03/14	CDM	Review of issues regarding preparation of second interim fee application (1.0);
		A104	1.00	495.00 /hr	495.00
07/03/14	KDV	Strategized regarding preparation of 2nd interim fee application.
		A113	0.10	270.00 /hr	27.00
07/03/14	MRL	Review of issues related to fee application to be filed on July 11.
		A104	0.20	475.00 /hr	95.00
07/03/14	RJW	Conference with D. Motsinger regarding fee application; review and respond to emails regarding preparation of application.
		A105	0.40	475.00 /hr	190.00
07/07/14	CDM	Review of issues regarding preparation of second interim fee application (.2);
		A104	0.20	495.00 /hr	99.00
07/07/14	MRL	Review of issues related to upcoming fee application (one third of total time spent).
		A104	0.20	475.00 /hr	95.00
07/08/14	KDV	[Sacred Heart] Continued drafting application for fees, notice of application and notice of hearing.
		A103	0.20	270.00 /hr	54.00
07/08/14	RJW	Review and respond to internal emails regarding fee application.

B160

B410

B160

B410

B160

		A105	0.40	475.00 /.hr	190.00
07/09/14	KDV	Continued working on fee application.
		A103	0.20	270.00 /hr	54.00
07/09/14	MRL	Review of invoices to be included in July 11 fee application (one third of total time).
		A104	0.10	475.00 /hr	47.50
07/09/14	RJW	Fee petition - conference with M. Lehman and K. Baird to discuss outstanding invoices (one-third of total time).
		A105	0.10	475.00 /hr	47.50
07/10/14	KDV	Continued working On fee application including parsing through invoices to ensure correct invoices are included within fee application.
		A103	0.10	270.00 /hr	27.00
07/11/14	KDV	Continued working on fee application.
		A103	1.30	270.00 /hr	351.00
Total Fees for this Matter: 4.50	$ 1,772.00

KDV	Baird, Kay Dee	1.90 hrs	270.00 /hr	513.00
MRL	Lehman, Martha R.	0.50 hrs	475.00 hr	237.50
CDM	Motsinger, C. Daniel	1.20 hrs	495.00 /hr	594.00
RJW	Wild, Robert J.	0.90 hrs	475.00 /hr	427.50
Total: 4.50 hrs	$ 1,772.00
TOTAL FEES:	$ 1,772.00
TOTAL CHARGES FOR THIS BILL:	$ 1,772.00

This invoice is clue upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number. FOR PROFESSIONAL SERVICES RENDERED THROUGH April 30, 2014 B160

B160

04/09/14	CDM	Attend hearing on Krieg DeVault LLP's First Interim Fee Application (one third of total time).
		A109	0.30	495.00 /hr	148.50
04/09/14	CDM	Review of issues regarding preparation of Second Interim Fee Application (one third of total time).
		A104	0.20	495.00 /hr	99.00
04/09/14	RJW	Attend court for hearing on the petition (one third of total time).
		A109	0.40	475.00 /hr	190.00
04/09/14	RJW	Conference with D. Motsinger regarding current invoices and second interim fee petition (one third of total time).
		A105	0.30	475.00 /hr	142.50
Total Fees for this Matter: 1.20	$ 580.00

CDM	Motsinger, C. Daniel	0.50 hrs	495.00 /hr	247.50
RJW	Wild, Robert J.	0.70 hrs	475.00 /hr	332.50
Total: 1.20 hrs	$ 580.00

FOR PROFESSIONAL SERVICES RENDERED THROUGH July 11, 2014 B160

B410

B160

B410

B160

07/07/14	MRL	Review of issue related to fee application to be submitted on July 11 (one third of total time spent).
		A104	0.20	475.00 /hr	95.00
07/08/14	KDV	[Sacred Heart] Continued drafting application for fees, notice of application and notice of hearing.
		A103	0.20	270.00 /hr	54.00
07/09/14	KDV	Continued working on fee application.
		A103	0.20	270.00 /hr	54.00
07/09/14	MRL	Review of invoices to be included in July 11 fee application (one third of total time).
		A104	0.10	475.00 /hr	47.50
07/09/14	RJW	Fee petition - conference with M. Lehman and K. Baird to discuss outstanding invoices (one-third of total time).
		A105	0.10	475.00/hr	47.50
07/10/14	KDV	Continued working on fee application including parsing through invoices to ensure correct invoices are included within fee application.
		A103	0.10	270.00 /hr	27.00
07/11/14	KDV	Continued working on fee application.
		A103	1.30	270.00 /hr	351.00

Total Fees for this Matter: 2.20	$ 676.00
KDV	Baird, Kay Dee	1.80 hrs	270.00 /hr	486.00
MRL	Lehman, Martha R,	0.30 hrs	475.00 /hr	142.50
RJW	Wild, Robert J.	0.10 hrs	475.00 /hr	47.50
Total: 2.20 hrs	$ 676.00
TOTAL FEES:	$ 676.00
TOTAL CHARGES FOR THIS BILL:	$ 676.00

This invoice is due upon, receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number. FOR PROFESSIONAL SERVICES RENDERED THROUGH April 30, 201.4 B160

B160

04709/14	CDM	Attend hearing on Krieg DeVault LLP's First Interim Fee Application (one-third of total time).
		A109	0.30	495.00 /hr	148.50
04/09/14	CDM	Review of issues regarding preparation of Second Interim Fee Application (one third of total time).
		A104	0.20	495.00 /hr	99.00
04/09/14	RJW	Attend court for hearing on the petition (one third of total time).
		A109	0.40	475.00 /hr	190.00
04/09/14	RJW	Conference with D. Motsinger regarding current invoices and second interim fee petition (one third of total time).
		A105	0.30	475.00 /hr	142.50
Total Fees for this Matter: 1.20	$ 580.00
CDM	Motsinger, C. Daniel	0.50 hrs	495.00 /hr	247.50
RJW	Wild, Robert J.	0.70 hrs	475.00 /hr	332.50
Total: 1.20 hrs	$ 580.00

FOR PROFESSIONAL SERVICES RENDERED THROUGH July 11, 2014 B160

B410

B160

B410

B160

07/07/14	MRL	Review of issues related to fee application to be submitted on July 11 (one third of total time spent).
		A104	0.20	475.00 /hr	95.00
07/08/14	KDV	[Sacred Heart] Continued drafting application for fees, notice of application and notice of hearing.
		A103	0.30	270.00 /hr	81.00
07/09/14	KDV	Continued working on fee application.
		A103	0.10	270.00 /hr	27.00
07/09/14	MRL	Review of invoices to be included in July 11 fee application (one third of total time).
		A104	0,10	475.00 /hr	47.50
07/09/14	RJW	Fee petition - conference with M. Lehman and K. Baird to discuss outstanding invoices (one-third of total time).
		A105	0.10	475.00 /hr	47.50
07/10/14	KDV	Continued working on fee application.
		A103	0.10	270.00 /hr	27.00
07/11/14	KDV	Continued working on fee application.
		A103	1.30	270.00 /hr	351.00

Total Fees for this Matter: 2.20	$676.00
KDV	Baird, Kay Dee	1.80 hrs	270.00 /hr	486.00
MRL	Lehman, Martha R.	0.30 hrs	475.00 /hr	142.50
RJW	Wild, Robert J.	0.10 hrs	475.00 /hr	47.50
Total: 2.20 hrs	$ 676.00
TOTAL FEES:	$ 676.00
TOTAL CHARGES FOR THIS BILL:	$ 676.00

This invoice is due upon receipt.
Please make checks payable to Krieg DeVault LLP and reference the invoice number.