220 B.R. 805

In re Various Applications of Eric C. KURTZMAN, Chapter 7 Trustee, Seeking to Retain Stein Riso Haspel Jacobs LLP as Attorneys for Trustee.

United States Bankruptcy Court, S.D. New York
January 12, 1998.

West Page 806

ORDER DENYING RETENTION OF ATTORNEYS FOR TRUSTEE PURSUANT TO 11 U.S.C. § 327(a)
JEREMIAH E. BERK, Bankruptcy Judge.

After hearing held January 8, 1998 pursuant to 11 U.S.C. § 327(a) on various applications of Eric C. Kurtzman, Chapter 7 Trustee, seeking to retain the out-of-town law firm of Stein Riso Haspel Jacobs LLP as attorneys for trustee; and Eric C. Kurtzman, Esq., Chapter 7 Trustee, and Joseph J. Haspel, Esq. having appeared in support thereof, and Eric J. Small, Esq., having appeared on behalf of the Office of the United States Trustee; and the Court having been advised by Joseph J. Haspel, Esq. that neither he nor his law firm would reduce their hourly rates so as to comply with the $200.00 current maximum hourly rate charged for similar legal services within this Court’s seven-county venue; and this Court being satisfied that Trustee Kurtzman can employ competent and experienced bankruptcy counsel at or below said maximum geographic hourly rate; and there being ample authority for the proposition that out-of-town lawyers must adhere to local billing rates;[1] and pursuant to the oral decision rendered by the Court on the record at said hearing, it is

ORDERED, that the retention of Stein Riso Haspel Jacobs LLP as attorneys for Eric C. Kurtzman, Chapter 7 Trustee, is denied as to the 18 cases set out on “Schedule A” annexed hereto and made a part hereof.

[1] See, e.g., Pereira v. Checkmate Communications Co., Inc. (In re Checkmate Stereo Electronics, Ltd.), 21 B.R. 402, 413
(E.D.N.Y. 1982); In re Palm Beach Cruises, S.A., 208 B.R. 78, 81
(Bankr.S.D.Fla. 1997); In re Casey, 173 B.R. 893, 894
(Bankr.E.D.Tex. 1994); In re Speeds Billiards Games, Inc., 149 B.R. 434, 439 (Bankr. E.D.Tex. 1993); In re Property Company of America Joint Venture, 110 B.R. 244, 253 (Bankr. N.D.Tex. 1990) In re Grimes, 115 B.R. 639, 644 (Bankr.D.S.D. 1990); In re Wendy’s of Montana, Inc., 111 B.R. 314, 315 (Bankr.D.Mont. 1988) In re Seneca Oil Co., 65 B.R. 902, 911 (Bankr. W.D.Okla. 1986) In re Pacific Express, Inc. 56 B.R. 859, 864
(Bankr.E.D.Cal. 1985); In re Liberal Market Inc., 24 B.R. 653, 659 (Bankr. S.D.Ohio 1982); In re R.C. Sanders Technology Systems, Inc., 21 B.R. 40, 43 (Bankr.D.N.H. 1982); In re Nova Real Estate Investment Trust, 25 B.R. 252 (Bankr.E.D.Va. 1982).