Case No. 03-23829-D-13L, Docket Control No. WW-2.United States Bankruptcy Court, E.D. California.
April 27, 2007
MEMORANDUM DECISION ON APPLICATION FOR ADDITIONAL ATTORNEYS FEES AND COSTS PAYABLE
ROBERT BARDWIL, Bankruptcy Judge
Craig and Karen Ness (“Debtors”) filed a voluntary petition for relief under Chapter 13 of the United States Bankruptcy Code (“Code”) on April 8, 2003. Mark A. Wolff, Attorney at Law (“Counsel”) has continuously acted as Debtors’ attorney and this is Counsel’s first fee motion. Through this fee motion (the “Motion”), Counsel seeks approval of $1,722.00 in fees and $117.33 in costs.[1] Although no party has filed opposition to the Motion, the court has an independent duty to review all requests for compensation and to determine their reasonableness pursuant to § 328 of the Code.
Section 330 of the Code sets out the standard by which courts should determine the reasonableness of fees under Section 329 and reasonableness is determined by looking at the nature, extent and value of the services rendered. See In re Eliapo 298 B.R. 392, 401 (9th Cir. BAP 2003). Section 330(a)(3) of the Bankruptcy Code states that in determining the amount of reasonable compensation the court should consider the nature, extent, and value of the services rendered, taking account of all relevant factors, including the time spent on the services, the rates charged for the services, and the customary compensation of comparably skilled attorneys in other cases.
The court finds that Counsel’s hourly rates are reasonable and the court does not have an issue with the quality of Counsel’s services. The court does have concern regarding certain services that were charged and categorized as “legal secretary/case manager” or “legal secretary/paralegal.” In addition, the court has concern over certain charges for “review” of work performed.
Specifically, Counsel’s billing statements include the following time entries which are designated as “legal secretary/case manager”:
1. On 3/26/03 LMP billed 1.9 hours ($190.00) for “Entered information re: creditors, assets, income and expenses into computer.”
The above-listed time entry appears to be for services secretarial in nature and therefore, non-compensable. Accordingly, the court will reduce the fee request by $190.00.
The time sheets in support of the Motion also show a number of instances where letters were prepared by an attorney or other employee that were billed to the client. These letters were then reviewed by another attorney, which time was then again billed to the client.
1. On 5/13/03 MW billed .1 hours ($20.00) for “Review/approve Order Confirming Plan.”
2. On 5/28/03 MW billed .1 hours ($20.00) for “Review/approve correspondence with Bay Area Credit Services.”
3. On 6/2/03 MW billed .2 hours ($40.00) for “Review demand letter from Brice, VanderLinden Wernick, P.C., Mitsubishi attorneys; instructions to staff.”
4. On 6/9/03 MW billed .1 hours ($20.00) for “Review/approve correspondence with clients re: Mitsubishi.”
5. On 12/29/03 MW billed .1 hours ($20.00) for “Review/approve Notice of Non Opposition to Objection to Claim.”
6. On 1/5/04 MW billed .1 hours ($20.00) for “Review/approve correspondence with client re: Internal Revenue Service proof of claim.”
7. On 1/5/04 MW billed .1 hours ($20.00) for “Review/approve correspondence with client re: Internal Revenue Service proof of claim.”
8. On 1/22/04 MW billed .1 hours ($20.00) for “Review/approve correspondence with Washington Mutual, City Assoc. Bank.”
9. On 7/7/04 MW billed .1 hours ($20.00) for “Review/approve correspondence with Washington Mutual with account reference information requested.”
10. On 3/7/05 MW billed .1 hours ($22.50) for “Review/approve correspondence with client re: Notice of Default and Application to Dismiss.”
11. On 5/11/05 MW billed .1 hours ($22.50) for “Review/approve correspondence with Franchise Tax Board re: tax refund.”
12. On 7/21/05 MW billed .1 hours ($22.50) for “Review/approve correspondence with client re: Notice of Default and Application to Dismiss by the Chapter 13 Trustee.”
13. On 9/19/05 MW billed .3 hours ($67.50) for “Review document LJL-6 Notice of Default and Application to Dismiss Case; review and approve correspondence regarding LOL-6.”
14. On 4/13/06 MW billed .2 hours ($45.00) for “Review document LOL-07 Notice of Default and Application to Dismiss; review and approval correspondence to client regarding LOL-07.”
The court finds that the above-listed time entries are duplicative or excessive and therefore, non-compensable. Accordingly, the court will reduce the fee request by an additional $380.00.
In light of the above deductions, Counsel’s request for fees of $1,722.00 will be reduced by $570.00 ($190.00 + $380.00) and the court will allow fees of $1,152.00 and costs of $117.33 for a total of $1,269.33.
A separate order will be entered consistent with this memorandum decision.