Case No. 09 B 09893.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 29, 2009
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER AWARDING TO QUERRY HARROW, LTD., ATTORNEYS FOR THE DEBTOR, FOR ALLOWANCE AND PAYMENT OF FINAL COMPENSATION AND REIMBURSEMENT OF EXPENSES
EUGENE WEDOFF, Bankruptcy Judge
THE COURT HAS MARKED THE ATTACHED TIME AND EXPENSE ENTRIES THAT HAVE BEEN DISALLOWED IN WHOLE OR IN PART. THE BASIS FOR EACH DISALLOWANCE IS DISCLOSED BY THE NUMERICAL NOTATION THAT APPEARS ON THE LEFT SIDE OF EACH HIGHLIGHTED ENTRY. THE NUMERICAL NOTATIONS REFER TO THE ENUMERATED PARAGRAPHS BELOW.
(1) Reimbursement Limited to Actual, Necessary Expenses
The Court denies the allowance of reimbursement for expenses that were not actually and necessarily incurred by the applicant See 11 U.S.C. §§ 330(a)(1)(B) 331. The fee application fails to demonstrate that the requested expenses for photocopies or facsimiles (or both) were actual out-of-pocket disbursements and that the quoted rates were necessary in light of prevailing (and lower) commercial rates. In the absence of such proof, the Court will allow reimbursement of photocopy expenses at a rate of $ .10 per page in accordance with prevailing commercial rates and will not allow expenses for facsimiles.
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Querrey Harrow
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