Opinion
Bankruptcy Case No. 16-00927-JDP
10-14-2020
In Re: Treasure Valley Marine, Inc., LLC, Debtor.
Appearances: Jed D. Manwaring, Boise, Idaho, Attorney for Chapter 7 Trustee. Adam B. Little, Boise, Idaho, Attorney for David McKitrick, Grant Lungren, Leland Spindler, and KeyBank National Association William M. Humphries, Boise, Idaho, Assistant United States Attorney
MEMORANDUM OF DECISION
Appearances:
Jed D. Manwaring, Boise, Idaho, Attorney for Chapter 7 Trustee. Adam B. Little, Boise, Idaho, Attorney for David McKitrick, Grant Lungren, Leland Spindler, and KeyBank National Association William M. Humphries, Boise, Idaho, Assistant United States Attorney
Introduction
Christopher Bohnenkamp, the principal of his company Treasure Valley Marine, Inc. ("Debtor"), built expensive custom-designed boats for his customers. Unfortunately for all, as things turned out, he also misappropriated large sums from the monies his customers paid him for the boats to spend on his other ventures. When funds to construct the boats ran short, and customers complained about inordinate delays in receiving their purchases, Bohnenkamp left town with many orders unfulfilled. Several frustrated customers and a lender retained counsel and pursued Bohnenkamp and others to recover assets he allegedly transferred to them. Eventually, the customers and lender forced Debtor into an involuntary chapter 7 bankruptcy case and helped authorities to indict and convict Bohnenkamp for his crimes. These customers now claim that most of their legal costs incurred pursuing Bohnenkamp and his transferred assets must be given priority over other creditors' claims and reimbursed from funds generated in the bankruptcy case. The bankruptcy case trustee, and the U.S. attorney on behalf of Bohnenkamp's victims, objected to the customers' asserted priority status. This decision addresses that dispute.
More specifically, customers/creditors Leland Spindler, David McKitrick, Grant Lungren, and lender KeyBank National Association ("KeyBank") (collectively, "Creditors"), filed Proof of Claim Numbers 12, 13, 14, and 15 in the bankruptcy case, seeking priority status for their claims under § 507(a)(2). The chapter 7 Trustee, Janine Reynard ("Trustee"), objected to those claims, Dkt. Nos. 88-91, and Creditors filed responses to those objections. Dkt. Nos. 96-99. Additionally, Creditors filed separate applications seeking allowance of their claims as administrative expenses in the bankruptcy case pursuant to § 503(b). Dkt. Nos. 102-105. The U.S. Attorney filed an objection to the applications for administrative expenses, Dkt. No. 112; Trustee also filed a response to the applications for administrative expenses consistent with her claim objections. Dkt. No. 114. Creditors filed a reply to the U.S. Attorney's objection. Dkt. No. 113. On July 21, 2020, the Court conducted a hearing where the parties presented oral arguments in support of their respective positions. Dkt. No. 115.
Unless otherwise indicated, all chapter references are to the Bankruptcy Code, 11 U.S.C. §§ 101-1532, all Rule references are to the Federal Rules of Bankruptcy Procedure, Rules 1001-9037, and all Civil Rule references are to the Federal Rules of Civil Procedure, Rules 1-88.
The Court has considered the facts appearing in the record and the parties' arguments. This Memorandum constitutes the Court's findings, conclusions, and reasons for its disposition of the objections. Rules 7052; 9014.
Facts
The undisputed facts appear in the Court's docket and records, and as acknowledged by the parties in their arguments.
Bohnenkamp owned and was the former president of Debtor. The Idaho Secretary of State dissolved Debtor on January 25, 2016. Bohnenkamp also owned Bohnenkamp's Whitewater Custom, Inc., and Devil's Hole Jetboat, LLC. Niagara Jet Adventures, LLC, is a New York limited liability company and a wholly owned subsidiary of Devil's Hole Jetboat. Niagara Jet Adventures provided guided trips on the Niagara River using Bohnenkamp's Whitewater Custom jetboats.
Debtor and Bohnenkamp's Whitewater Custom began manufacturing upscale jet boats for Devil's Hole Jetboats and Niagara Jet Adventures. At the time, Bohnenkamp did not own Devil's Hole Jetboats. Under the terms of their deal, in exchange for Debtor and Bohnenkamp's Whitewater Customs' services in manufacturing jet boats for Devil's Hole Jetboats at a substantial discount, Bohnenkamp acquired a 49% interest in Devil's Hole Jetboats. These jet boats were to be used to provide guided tours on the Niagara River. However, the financing used to construct these jetboats came from third-party customers who had given Bohnenkamp deposits to buy their own jet boats, and who had no knowledge of Bohnenkamp's arrangements with Devil's Hole. In other words, Debtor, acting through Bohnenkamp, solicited and received numerous down payments from customers who believed they would receive their own custom jetboat, but instead, Bohnenkamp used those deposits to manufacture custom jet boats transferred to Devil's Hole. Devil's Hole used those boats to provide guided tours on the Niagara River. Of course, Debtor could not manufacture the custom jet boats promised to its customers because the deposits had been diverted by Bohnenkamp to his other ventures.
When he grew frustrated and suspicious, one of the customers, David McKitrick, around February 2015, retained the law firm Eberle Berlin to prosecute an action in state court against Debtor for its failure to deliver the boat he had purchased, and to recover Bohnenkamp's transfers of Debtor's assets to Devil's Hole. Grant Lungren, another customer who deposited funds with Debtor but never received his boat, retained law firm Hawley Troxell around the same time for a similar purpose. McKitrick and Lungren later agreed that Eberle Berlin would jointly represent them in state court. Around October 2015, Leland Spindler, yet another victim of the scheme, entered a joint representation agreement with Eberle Berlin to litigate the fraudulent transfers in state court.
A. The State Court Lawsuit
The McKitrick, Lungren, and Spindler complaints were consolidated into one case in in the Fourth Judicial District for the State of Idaho, Ada County. See David McKitrick, Grant Lungren and Anne Lungren, Leland Spindler v. Treasure Valley Marine, Inc., Bohnenkamps Whitewater Customs, Inc., Christopher L. Bohnenkamp, Rachel Bohnenkamp, Niagara Jet Adventures, LLC, Devil's Hole Jetboat, LLC, Michael Fox and John Doe, Ada County Case No. CV OC 15-02174 (hereafter "the state court lawsuit"). Around February 2016, KeyBank, one of Debtor's lenders, entered into a joint representation agreement with McKitrick, Lungren, and Spindler to assist in financing the state court lawsuit litigation. KeyBank filed a complaint on February 10, 2016, and a motion to consolidate the KeyBank complaint into the other state court action was filed, but as of May 22, 2020, it had not yet been heard because of the automatic stay. The same creditors seeking administrative fees in the bankruptcy case, David McKitrick, Grant Lungren, Leland Spindler, and KeyBank, were also plaintiffs in the state court lawsuit. The attorneys representing Creditors, from Eberle, Berlin, as well as Hawley Troxell, represented the plaintiffs in the state court lawsuit. The defendants in the state court lawsuit were Bohnenkamp, his spouse Rachel Bohnenkamp, Debtor, Whitewater Customs, Inc., Niagara Jet Adventures, LLC, Devils Hole Jetboat, LLC, and Michael J. Fox.
The plaintiffs alleged various causes of action against the defendants, including breach of contract, breach of the covenant of good faith and fair dealing, conversion, unjust enrichment, and fraudulent transfer claims under Idaho Code § 55-913, fraud, as wells as Idaho Consumer Protection Act violations. At bottom, the plaintiffs were attempting to recover the money they had paid to Debtor because they did not receive a custom jet boat in exchange, and to recover the valuable boats allegedly fraudulently transferred by Bohnenkamp.
Creditors' attorneys performed services in the state court lawsuit, including researching the various entities owned by Bohnenkamp, researching the various causes of action available to them, serving the complaint, serving discovery requests, and conducting depositions. Creditors' attorneys later turned over much of the information they had assembled to the FBI, which at the time was investigating Bohnenkamp's activities.
B. The Involuntary Bankruptcy Case
In addition to the state court action, Creditors filed a chapter 7 involuntary petition commencing this bankruptcy case on July 19, 2016. Dkt. No. 1. Creditors' attorneys provided services in preparation of filing the involuntary petition, including research about involuntary bankruptcy, conferencing with the creditors committee, and preparing and filing the petition. In response to the involuntary petition, Debtor filed a motion to dismiss the case. Dkt. No. 10. Creditors' attorneys provided services to oppose the motion to dismiss, including research, drafting opposition memoranda, and attending the motion to dismiss hearing, and a response brief to the motion to dismiss, Dkt. No. 13. This Court denied the motion to dismiss on August 24, 2016. Further, Creditors also provided information gleaned during the pendency of the state court lawsuit to the bankruptcy trustee, as well as to Trustee's counsel. As they described their work, "[c]ounsel for the State Court Plaintiffs shared documents, cooperated with, and encouraged [Trustee] to bring her own lawsuit for fraudulent conveyance claims based upon the same theories as the State Court Case." Trustee's Motion for Approval of Compromise, Dkt. No. 69.
Trustee filed an adversary complaint against Bohnenkamp, Niagara Jet Adventures, Devil's Hole Jetboats, and Michael Fox on October 5, 2017. Reynard v. Bohnenkamp, et al. (In re Treasure Valley Marine, Inc), ADV 17-06023-JDP (Bankr. D. Idaho 2017). Trustee sought to avoid several alleged fraudulent transfers of Debtor's assets to the defendants pursuant to § 544, as well as Idaho Code §§ 55-913 and 55-914. The factual circumstances serving as the basis for the adversary proceeding were identical to the state court lawsuit.
C. Criminal Indictment
Around April 2015, Creditors began providing information and assistance to the FBI in its criminal investigation regarding Debtor's business. Hawley Troxell initiated conversations with the FBI that started the criminal investigation. On September 13, 2016, Bohnenkamp was indicted by a federal grand jury. United States v. Bohnenkamp, 1:16-cr-00215-BLW-1. The United States and Bohnenkamp eventually entered into a plea agreement wherein Bohnenkamp agreed to plead to two counts of the indictment, which charged Bohnenkamp with Wire Fraud Affecting a Financial Institution, and Bank Fraud. United States v. Bohnenkamp, 1:16-cr-00215-BLW-1, Dkt. No. 33. All other counts were dismissed upon motion of the United States. United States v. Bohnenkamp, 1:16-cr-00215-BLW-1, Dkt. No. 58.
After his guilty plea, in connection with sentencing proceedings, U.S. Attorney sought to recover the boats from the transferees to partially compensate the victims. The District Court conducted a Restitution/Forfeiture hearing on October 25, 2017. United States v. Bohnenkamp, 1:16-cr-00215-BLW-1, Dkt. No. 70. The District Court entered an Order of Reference on May 17, 2018, referring the fraudulent transfer claims in the restitution proceedings to this Court. United States v. Bohnenkamp, 1:16-cr-00215-BLW-1, Dkt. No. 87. The parties eventually entered a comprehensive settlement agreement resolving both the restitution matters in the criminal case, as well as the adversary complaint in the bankruptcy case. The settlement was approved by both the District Court and this Court.
Under the settlement agreement, Devil's Hole Jetboats agreed to pay Trustee $48,000 per year, or 25% of its net profits, whichever sum is greater, for five years. Trustee agreed to administer those funds on behalf of the bankruptcy creditors and the victims named in the criminal case. In exchange for these payments, Trustee's adversary complaint would be dismissed with prejudice, and the U.S. Attorney would not pursue restitution claims against the settling parties. See Trustee's Motion for Approval of Compromise, Dkt. No. 69. The settlement agreement resolved pending matters from both the criminal case as well as the bankruptcy case. This Court entered an order approving the compromise on November 30, 2018. Dkt. No. 74.
D. Creditors' Bankruptcy and Administrative Expense Claims
Creditor Leland Spindler filed Proof of Claim Number 12, as well as an Application for Allowance of Administrative Expenses, Dkt. No. 102, seeking priority status for his claims for reimbursement of his legal costs pursuant to § 507(a)(2). Creditor David McKitrick filed Proof of Claim Number 13, as well as an Application for Allowance of Administrative Expenses, Dkt. No. 103, seeking priority status pursuant to § 507(a)(2). Creditor Grant Lungren filed Claim Number 14, as well as an Application for Allowance of Administrative Expenses, Dkt. No. 104, seeking priority status pursuant to § 507(a)(2). Creditor KeyBank filed Claim Number 15, as well as an Application for Allowance of Administrative Expenses, Dkt. No. 105, seeking priority status pursuant to § 507(a)(2). Trustee objected to all these claims. Dkt. Nos. 96-99.
Claim number 12 requested priority status for $17,230.60, but the related application for allowance of administrative claim seeks $15,656.80 pursuant to § 503(b). Dkt. No. 102. Claim number 13 requested priority status for $43,563.46, but the related application for allowance of administrative claim seeks $36,866.06 pursuant to § 503(b). Dkt. No. 103. Claim number 14 requested priority status for $53,577.59, but the related application for allowance of administrative claim seeks $45,553.65 pursuant to §503(b). Dkt. No. 104. Claim number 15 requested priority status for $93,282.20, but the related application for allowance of administrative claim seeks $84,787.99 pursuant to § 503(b). Dkt. No. 105. The U.S. Attorney filed an objection to the applications for allowance of the administrative claims, Dkt. No. 112, and Trustee filed a response opposing them. Dkt. No. 114. In sum, collectively, Creditors' seek allowance of $182,864.50 of legal fees and costs as administrative expenses pursuant to § 503(b).
The U.S. Attorney states, "The United States is an interested party and creditor in this action based on the U.S. District Court's restitution order and the Court-approved Settlement Agreement because the Attorney General is responsible for collecting criminal restitution." U.S. Attorney's Objection to Applications for Administrative Expenses, Dkt. No. 112, p. 6. In other words, the U.S. Attorney represents the interest of the numerous victims from the criminal case against Debtor.
Creditors' arguments in this matter, and the accompanying expense tables ("Exhibit 1"), describe the services performed by the attorneys for Creditors. By agreement, Creditors allocated a percentage share of the total fees and costs of work performed by the attorneys to each Creditor. Creditor McKitrick is allocated 20.16% of the total legal expenses; Creditor Lungren is allocated 24.91%; Creditor Spindler is allocated 8.56%; and Creditor KeyBank is allocated 46.37%. See Exhibit A to Declaration of Adam Boone Little in Support of Administrative Expenses, Dkt. No. 100-1.
Neither Trustee nor the U.S. Attorney objected to the Creditors' allocation of their shares of the total legal fees and costs as administrative expenses. In granting partial relief to Creditors under the applications, below, the Court will adhere to these allocations.
Arguments of the Parties
Creditors argue that that they are entitled to allowed administrative expenses for their legal fees and costs under §§ 503(b)(3)(A), 503(b)(3)(C), and 503(b)(3)(D), which amounts they argue are entitled priority status pursuant to § 507(a)(2). Dkt. Nos. 102-105. Trustee disputes that Creditors should be allowed administrative expenses because, among other reasons, their attorneys' services did not make "a substantial contribution" in the bankruptcy case.
The U.S. Attorney objects to the administrative expense claims "because allowing them would harm all other victims listed in the criminal restitution order, would flout the purpose of the Settlement Agreement, and pay attorney's fees and costs for state court civil lawsuit expenses of [Creditors] rather than for necessary expenses incurred in connection with the prosecution of a criminal offense." U.S. Attorney's Objection to Applications for Administrative Expenses, Dkt. No. 112, at 1-2.
Discussion
A. The Applicable Law, Generally
"The Bankruptcy Code affords a priority status for administrative expenses." In re Lettunich, No. 08-02589-JDP, 2010 WL 503021, at *2 (Bankr. D. Idaho Feb. 8, 2010) (citing In re Coolex, 96.1 I.B.C.R. 35, 36 (Bankr. D. Idaho 1996)). "Administrative expenses allowed under § 503(b) enjoy a high priority of payment in bankruptcy cases. § 507(a)(2) (providing priority for administrative expenses subordinate only to domestic support obligations and trustee expenses)." In re Azevedo, 485 B.R. 596, 600 (Bankr. D. Idaho 2013). Accordingly, any administrative expense claims awarded to Creditors for their attorneys' fees and costs under § 503(b) would enjoy priority status under § 507(a)(2), thus reducing the amount available for distribution to other restitution victims in the criminal case, and other creditors in the bankruptcy case.
"The burden of proving an entitlement to an administrative expense is on the claimant." In re Cent. Idaho Forest Prod., 04.4 I.B.C.R. 159, 161 (Bankr. D. Idaho (2004). "[S]uch applications are carefully examined for the protection of other creditors." In re Petit, 291 B.R. 582, 591 (Bankr. D. Me. 2003). Here, Creditors seek administrative expenses under § 503(b)(3)(A), § 503(b)(3)(C), § 503(b)(3)(D), and § 503(b)(4). These Code provisions state, in pertinent part:
(b) After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including—
(3) the actual, necessary expenses, other than compensation and reimbursement specified in paragraph (4) of this subsection, incurred by—
(A) a creditor that files a petition under section 303 of this title;
. . .
(C) a creditor in connection with the prosecution of a criminal offense relating to the case or to the business or property of the debtor;
(D) a creditor, an indenture trustee, an equity security holder, or a committee representing creditors or equity security holders other than a committee appointed under section 1102 of this title, in making a substantial contribution in a case under chapter 9 or 11 of this title;
. . .
(4) reasonable compensation for professional services rendered by an attorney or an accountant of an entity whose expense is allowable under subparagraph (A), (B), (C), (D), or (E) of paragraph (3) of this subsection, based on the time, the nature, the extent, and the value of such services, and the cost of comparable services other than in a case under this title, and reimbursement for actual, necessary expenses incurred by such attorney or accountant;§ 503(b).
. . . .
To stake a valid claim to administrative expenses for professional services rendered by an attorney to a creditor, the legal costs must be actual, necessary, allowed under §§ 503(B)(3)(A)-(E), and in addition, the amounts must be reasonable under § 503(b)(4). In re Coonrod, No. BR 09-41934-JDP, 2012 WL 2150486, at *4 (Bankr. D. Idaho 2012). Importantly, in this context, the Ninth Circuit has instructed that "[a] creditor's application under § 503(b) should be allowed only if the creditor demonstrates by a preponderance of the evidence that the expenses were incurred in an endeavor that 'provide[d] tangible benefits to the bankruptcy estate and the other unsecured creditors.'" In re Sedona Inst., 21 F. App'x 723, 724 (9th Cir. 2001) (quoting In re Catalina Spa & R.V. Resort, Ltd., 97 B.R. 13, 17 (Bankr. S.D. Cal. 1989)).
Section 503(b)(4) requires that any fees awarded under § 503(B)(3)(A)-(E) be reasonable "based on the time, the nature, the extent, and the value of such services . . . ." § 503(b)(4). "The preeminent question to be asked before awarding professional compensation [as administrative expenses] under § 503(b)(4) is whether the services resulted in an actual, direct and demonstrable benefit to the estate." In re Sedona Inst., 21 F. App'x at 724 (quoting 2 Norton Bankruptcy Law & Practice 2d § 42:28 (1997)).
This Court must also disallow those fees claimed if the Court cannot determine whether the amount charged for services was reasonable because the time entries in the lawyers' accounting are "lumped." Fee lumping occurs when an attorney's application describes several services but then charges a single fee for those services without enumerating how much time was dedicated to each discreet task or service. This billing practice is especially problematic in the bankruptcy context. "This Court requires attorney services to be itemized and has consistently rejected 'lumping' of multiple described services on a single day." In re Pavement Markings Nw., Inc., 612 B.R. 218, 227 (Bankr. D. Idaho 2020) (disallowing fees where a creditor was seeking fees under § 503(b)(3)(E) but lumped multiple described services on a single day); see also In re Thacker, No. 12- 50370-KKS, 2020 WL 4000864, at *4 (Bankr. N.D. Fla. May 28, 2020) ("Aggregation of multiple tasks into one billing entry, referred to as block billing or lumping, is routinely disallowed or reduced. This type of billing makes it exceedingly difficult [for a bankruptcy court] to determine the reasonableness of the time spent on each of the individual tasks performed."). "Listing only the total charge for lumped services deprives the [c]ourt of the ability to weigh the reasonableness of either the amount of time spent, or the amount charged for the individual services." Kilborn v. Haun (In re Haun), 396 B.R. 522, 533 (Bankr. D. Idaho 2008) (quoting Hopkins v. Saratoga Holdings, LLC (In re Colvin), 08.2 I.B.C.R. 63, 2008 WL 1957855 *6 (Bankr. D. Idaho 2008)). "[Lumping] makes determining actual time spent on any individual task impossible." In re Jones, 356 B.R. 39, 45 (Bankr. D. Idaho 2005). "[R]esearch is a reasonable component of legal services, [but] it must be measured and appropriate." In re Hart Creek Ranch, LLC, No. 12-00059-TLM, 2012 WL 2871720, at *6 (Bankr. D. Idaho July 12, 2012). Simply put, since an applicant bears the burden of showing its fees are reasonable, lumped description of legal services cannot satisfy that burden. B. § 503(b)(3)(A)
Creditors request administrative expenses related to the filing and prosecution of the involuntary bankruptcy petition against Debtor in this case pursuant to § 503(b)(3)(A). Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101. Trustee concedes that Creditors are entitled to reimbursement for the filing fees they incurred to commence the involuntary case against Debtor as an actual, necessary expense. Trustee's Response to Applications for Administrative Expenses, Dkt. No. 114, p. 2.
Here, however, Creditors' lawyers did more than simply commence the bankruptcy case and Creditors' seek credit for their additional services. In particular, Debtor contested the involuntary petition by filing a motion to dismiss the case, Dkt. No. 10, together with a supporting memorandum. Dkt. No. 15. Creditors then filed a response to Debtor's motion to dismiss the involuntary case. Dkt. No. 13. Debtor's motion was denied. Dkt. No. 17. Thus, Creditors point out, their attorneys performed work not only by filing the petition, but also in connection with adjudicating the involuntary bankruptcy after the petition filing occurred. Trustee disputes allowance of an administrative expense for the time spent on these post-petition services because they are not reasonable as required by § 503(b)(4).
Other courts have allowed administrative fees for creditor's reasonable expenses incurred in an involuntary case expenses beyond just the case filing fee. See In re Crazy Eddie, Inc., 120 B.R. 273, 278 (Bankr. S.D. N.Y. 1990) (concurring with the holding from In re Hanson Industries, Inc., 90 B.R. 405, 410 (Bankr. D. Minn. 1988), that §§ 503(b)(3)(A) and (b)(4) should include compensation for the preparation, filing and adjudication of an involuntary petition). See also Matter of Baldwin-United Corp., 79 B.R. 321, 337 (Bankr. S.D. Ohio 1987) (holding that, although "expenses and attorneys fees arising from a reasonable amount of research and investigation prior to preparing and filing the petition should be allowable[,]" fees "which are inadequately described, refer to matters extraneous to the filing of the petitions, or are excessive given the tasks performed" were not compensable under § 503(b)(3)(A)).
The Code contemplates that creditors are entitled to an administrative expense for legal costs and fees incurred for a reasonable amount of investigation and research prior to preparing and filing the petition so long as the services are adequately described and do not refer to matters extraneous to the filing of the petition. But are Creditors entitled to administrative fees, not only for the preparation and filing of the involuntary petition, but also to compensate for their attorneys' services for the adjudication of that involuntary petition?
Some bankruptcy courts have held that § 503(b)(3)(A) encompasses fees awarded for both the filing of the involuntary bankruptcy as well as the adjudication of the involuntary bankruptcy. See Matter of Baldwin-United Corp., 79 B.R. at 337 ("To the extent that the rule under the [Bankruptcy Act of 1898] limits attorneys' fees solely to time spent in writing and filing the petition, we conclude that it is out of step with the realities of practice under 11 U.S.C. § 303."); In re Hanson Industries, Inc., 90 B.R. at 410 ("The more reasoned approach in a case such as this is to allow fees and costs incurred by the petitioning creditor for work directly related to the preparation of the petition and, if there is opposition, to reasonable and necessary efforts to pursue the petition to successful conclusion by entry of the order for relief."); In re Crazy Eddie, Inc., 120 B.R. at 278 (agreeing with the holding from Hanson because "This reading of the Code recognizes that an involuntary proceeding can become an expensive and aggressively contested matter.").
Other courts disagree with this approach. They allow administrative expense status for the legal fees necessary for the filing of the involuntary petition, but have disallowed fees incurred to adjudicate those petitions. These decisions, cited by both the Hanson court as well as the Baldwin-United court, provide little analysis as to how the courts reached their decisions. See Matter of Baldwin-United Corp., 79 B.R. at 337 ("While the few cases which have interpreted § 503(b)(3)(A) have generally followed the view taken under the Act, they have done so with little supporting analysis.") (disagreeing with In re J.V. Knitting Service, Inc., 22 B.R. 543, 545 (Bankr. S.D. Fla. 1982); In re Seatrain Lines, Inc., 21 B.R. 194, 195 (Bankr. S.D. N.Y. 1982)).
This Court believes the better-reasoned approach is that offered by Baldwin-United, Hanson, and Crazy Eddie. "Such a reading is consistent with the concept that the purpose of allowing the petitioning creditors their attorney's fees and costs is to encourage them to successfully bring the debtor into court so that there may be equitable marshalling and distribution of its assets before they are squandered by the debtor." In re Hanson Industries, Inc., 90 B.R. at 410. Creditors would derive little benefit from a bankruptcy case which, after it is filed, is dismissed at the involuntary debtor's request. It would be an odd system indeed, that granted priority for a creditor's attorney's efforts in filing the involuntary bankruptcy petition, but denied that status for the legal services needed to prosecute and defend that petition over a debtor's objection. Consequently, an administrative expense should be allowed pursuant to § 503(b)(3)(A) for reasonable fees incurred by a creditor for the preparation, filing, and for the successful adjudication of the involuntary petition.
However, because Creditors seek fees for professional services rendered by attorneys related to the filing and prosecution of an involuntary petition, Creditors must satisfy the burden of proving both § 503(b)(3)(A) and § 503(b)(4).
1. Eberle Berlin Costs and Fees under § 503(b)(3)(A)
While it was surely a tedious task, the Court has conducted an extensive analysis of each Eberle Berlin time entry and charge in the various applications to identify which should be allowed to Creditors, or not, as an administrative expense under §§ 503(b)(3)(A) and 503(b)(4). The allowed expenses are as follows:
| Date ofServices | Hourscharged | Description of Legal Services | AmountSought | AmountAllowed |
|---|---|---|---|---|
| 9/25/2015 | 1.6 | CALL WITH DAVE AND EMAILREGARDING FORMING ACOMMITTEE OF CREDITORS. | $320.00 | $320.00 |
| 5/29/2016 | 1.2 | RESEARCH INVOLUNTARYBANKRUPTCY. | $240.00 | $240.00 |
| 6/25/2016 | 0.8 | EMAIL TO COMMITTEE ONINVOLUNTARY DISCUSSIONAND FOR APPROVAL TOPURSUE PETITION. | $160.00 | $160.00 |
| 7/13/2016 | 0.7 | PREPARE INVOLUNTARYPETITION. | $140.00 | $140.00 |
| 7/13/2016 | 1 | REVIEW INVOLUNTARYBANKRUPTCY PETITION RULESAND INSTRUCTIONS (.6); BEGINPREPARING SAME (.4). | $225.00 | $225.00 |
| 7/14/2016 | 1.7 | RESEARCH INVOLUNTARYPROCESS (0.90); PREPAREINVOLUNTARY PETITION (0.80). | $340.00 | $340.00 |
| 7/19/2016 | 1.6 | FINALIZE AND FILEINVOLUNTARY PETITION. | $320.00 | $320.00 |
| 7/20/2016 | 1.8 | CALL REGARDING KEYBANKSCHEDULING ORDER WITHOPPOSING COUNSEL (0.30);SERVE INVOLUNTARYBANKRUPTCY PETITION (0.80);CALL WITH COUNSEL FORANOTHER CUSTOMER INLITIGATION WITHBOHNENKAMP REGARDINGBANKRUPTCY (0.70). | $360.00 | $160.00 |
| 7/21/2016 | 1.1 | BANKRUPTCY RESEARCH ANDEMAIL TO OPPOSING COUNSEL(0.40); STATUS CONFERENCE INKEYBANK LAWSUIT (0.70). | $220.00 | $80.00 |
| 8/8/2016 | 0.4 | REVIEW TVM'S REPLY TOMOTION TO DISMISSINVOLUNTARY PETITION. | $80.00 | $80.00 |
| 8/8/2016 | 1 | REVIEW AND ANALYZE TVM'SMOTION TO DISMISSBANKRUPTCY (1.0). | $225.00 | $225.00 |
| 8/12/2016 | 1.6 | RESEARCH MOTION INRESPONSE TO DISMISSINVOLUNTARY PETITION. | $320.00 | $320.00 |
| 8/15/2016 | 5.1 | DRAFT RESPONSE TO DEBTOR'SMOTION TO DISMISSINVOLUNTARYBANKRUPTCY. | $1,020.00 | $1,020.00 |
| 8/16/2016 | 3.3 | DRAFT RESPONSE TO DEBTOR'SMOTION TO DISMISSINVOLUNTARYPETITION. | $660.00 | $660.00 |
| 8/17/2016 | 5.8 | DRAFT PETITIONINGCREDITOR'S RESPONSE TOMOTION TO DISMISSINVOLUNTARY BANKRUPTCY. | $1,160.00 | $1,160.00 |
| 8/18/2016 | 2.8 | FINALIZE RESPONSE TODEBTOR'S MOTION TO DISMISSINVOLUNTARYBANKRUPTCY. | $560.00 | $560.00 |
| 8/22/2016 | 1 | REVIEW AND RESEARCH TVMREPLY IN ITS MOTION TODISMISS BANKRUPTCY. | $200.00 | $200.00 |
| 8/22/2016 | .5 | REVIEW AND ANALYZE TVM'SREPLY BRIEF IN OPPOSITION TOINVOLUNTARY BANKRUPTCYPETITION (.5). | $112.50 | $112.50 |
| 8/23/2016 | .6 | RECEIPT AND REVIEWOBJECTION TO MOTION TODISMISS FILED BY D. MUSHLITZ(.6). | $135.00 | $135.00 |
| 8/24/2016 | 7.3 | RESEARCH BANKRUPTCY LAWAND PROCEDURE (1.40); | $1,460.00 | $1,180.00 |
| PREPARE FOR HEARING TODISMISS INVOLUNTARYPETITION (4.30); ATTENDHEARING (1.60). | ||||
| 8/24/2016 | 0.3 | PREPARE FOR HEARING ONTVM'S MOTION TO DISMISSBANKRUPTCYPETITION (.3). | $67.50 | $67.50 |
| 8/24/2016 | 1 | ATTEND HEARING ON TVM'SMOTION TO DISMISSBANKRUPTCY PETITION(1.0). | $225.00 | $225.00 |
| 8/24/2016 | 0.6 | RESEARCH SECONDARYAUTHORITY REGARDINGPROOF OF ELEMENTSREQUIRED IN TRIAL ONPETITION FOR INVOLUNTARYBANKRUPTCY (.6). | $135.00 | $135.00 |
| 8/24/2016 | N/A | VISA CHECK FILING FEE(BANKRUPTCY PETITION) | $335.00 | $335.00 |
| 8/25/2016 | 0.5 | RESEARCH ELEMENT ANDPROOF ISSUES FORINVOLUNTARY PETITIONTRIAL. | $112.50 | $0.00 |
| 8/26/2016 | 3.2 | RESEARCH CASELAWREGARDING SCOPE OFBANKRUPTCY AUTOMATICSTAY AND ELEMENTS OFPRIMA FACIE CASE FORINVOLUNTARY PETITION. | $720.00 | $0.00 |
| 9/9/2016 | 0.2 | UPDATE TO COMMITTEEREGARDING BANKRUPTCYSTATUS. | $40.00 | $0.00 |
| $8,400.00 |
As can be seen, Eberle Berlin spent approximately 8.6 hours researching and preparing to file the involuntary bankruptcy petition, totaling, $1,745.00 in fees. The Court finds that the time spent researching and filing the petition, as well as the charges for such services, are adequately explained in the accounting and are reasonable in amount as required by § 503(b)(4). The cost of the filing fee will be allowed.
Additionally, Creditors were successful in defending the involuntary petition against Debtor' efforts to dismiss it. Creditors seek fees for approximately 38.1 hours of work spent adjudicating the petition. After review, the Court finds that seven hours of these services will be disallowed because they were not sufficiently related to the filing of the petition, or because Creditors failed to satisfy their burden of establishing that the services rendered were related or necessary to the filing or adjudication of the involuntary petition. The amount of awarded fees will be reduced to the amount annotated in the table above because Creditors failed to satisfy their burden proving that all the services related to filing or adjudicating the petition. The following is a list of the services for which fees will be disallowed, and a summary of the Court's reasoning:
| HoursCharged | Services Excluded | Reason for disallowance |
|---|---|---|
| 0.3 | CALL REGARDING KEYBANKSCHEDULING ORDER WITHOPPOSING COUNSEL | Creditors failed to satisfy theirburden. Unclear whether thescheduling order relates to theinvoluntary petition or the statecourt lawsuit. |
| 0.7 | CALL WITH COUNSEL FORANOTHER CUSTOMER INLITIGATION WITHBOHNENKAMP REGARDINGBANKRUPTCY | Creditors failed to satisfy theirburden. Unclear how thisrelates to the involuntarypetition. |
| 0.7 | STATUS CONFERENCE INKEYBANK LAWSUIT | Creditors failed to satisfy theirburden. Unclear how thisrelates to the involuntarypetition. |
| 1.4 | RESEARCH BANKRUPTCY LAWAND PROCEDURE | Creditors failed to satisfy theirburden. Unclear what kind ofresearch attorneys performedand whether that research wasrelevant to the involuntarypetition, or to other aspects ofbankruptcy law. |
| 0.5 | RESEARCH ELEMENT ANDPROOF ISSUES FORINVOLUNTARY PETITIONTRIAL. | Creditors failed to satisfy theirburden. Creditors seek fees forservices performed on 8/25/2016related to researching elementsof an involuntary petition, butthe petition was filed on7/19/2016. |
| 3.2 | RESEARCH CASELAWREGARDING SCOPE OFBANKRUPTCY AUTOMATICSTAY AND ELEMENTS OF | Creditors failed to satisfy theirburden. Because of lumping,Court cannot determinewhether services provided arereasonable in amount pursuant |
| PRIMA FACIE CASE FORINVOLUNTARY PETITION. | to § 503(b)(4). Additionally,Creditors seek fees for servicesperformed on 8/26/2016 relatedto researching elements of aninvoluntary petition, but thepetition was filed on 7/19/2016. | |
| 0.2 | UPDATE TO COMMITTEEREGARDING BANKRUPTCYSTATUS. | Creditors failed to satisfy theirburden. It is unclear how theseservices are related to the filingof the involuntary petition. |
This Court has also conducted an extensive analysis of those time entries relating to adjudicating the involuntary bankruptcy petition that will be allowed, and finds that the number of hours worked, and the amount of charged services, are reasonable under § 503(b)(4). Creditors will therefore be allowed an administrative expense of $6,655.00 for successfully adjudicating the involuntary bankruptcy petition.
In sum, Creditors will be awarded $8,400.00 for services related to the filing and successful adjudication of the involuntary petition.
2. Hawley Troxell Costs and Fees under § 503(b)(3)(A)
As near as the Court can tell, Creditors do not seek any administrative priority for fees for services rendered by Hawley Troxell related to the filing or adjudication of the involuntary petition. Accordingly, no fees will be allowed under § 503(b)(3)(A).
B. § 503(b)(3)(C)
Creditors assert they should recover legal fees and costs under § 503(b)(3)(C) for services rendered by their lawyers in connection with the prosecution of a criminal offense relating to the bankruptcy case, or to the business or property of Debtor. Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101. Creditors argue that they began assisting the FBI with the underlying criminal matter in 2015, and provided information obtained during the course of the state lawsuits that, once it was turned over to the FBI, led to Bohnenkamp's criminal indictment and his subsequent guilty plea. Id. Additionally, they seek fees under § 503(b)(3)(C) for services performed by their counsel in furtherance of the state court lawsuit.
In their pleadings, Creditors explain their view of the nexus between the state court services and Bohnenkamp criminal proceedings: "Creditors are seeking administrative expenses for preparing state court complaints and legal services related to discovery requests. Without filing a state court complaint, serving the complaints, and conducting discovery, the EB Creditors would have no available remedy to investigate and advance the state court cases that made the criminal prosecution and Settlement Agreement possible." Creditor's Reply to the United States' Attorney's Objection to Applications for Administrative Expenses, Dkt. No. 113, p. 4.
Creditors request administrative fees related to the prosecution after Bohnenkamp was indicted on September 13, 2016, after he was sentenced on August 8, 2017, and after the restitution hearing on October 25, 2017. While not challenging all the charges, the U.S. Attorney disputes that Creditors are entitled to administrative expenses related to the prosecution after Bohnenkamp was indicted because those actions were not related to the prosecution of the criminal case. U.S. Attorney's Objection to Applications for Administrative Expenses, Dkt. No. 112.
Because Creditors seek fees for professional services rendered by attorneys in connection with the criminal prosecution, Creditors must satisfy the burden of proving both § 503(b)(3)(C) and § 503(b)(4). "To be entitled to an administrative expense under section 503(b)(3)(C), the moving party has the burden of proving (1) there is a direct relationship between the expenses sought and the prosecution of the criminal activity, and (2) the prosecution of the criminal offense relates to the debtor's case, business, or property." In re Ideal Mortg. Bankers, Ltd., 539 B.R. 409, 434 (Bankr. E.D. N.Y. 2015), aff'd sub nom. Holzer v. Barnard, No. 15-CV-6277 (JFB), 2016 WL 4046767 (E.D. N.Y. July 27, 2016) (citing In re Summit Metals, Inc., 379 B.R. 40, 59 (Bankr. D. Del. 2007); In re Fall, 93 B.R. 1003, 1013 (Bankr. D. Ore. 1988)). Pursuing a civil suit relating to the debtor's case, business, or property does not entitle a party to administrative expenses under § 503(B)(3)(C). See Holzer v. Barnard, No. 15-CV-6277 (JFB), 2016 WL 4046767, at *10 (E.D. N.Y. July 27, 2016).
Creditors seek some fees under § 503(b)(3)(C) for services pertaining to Bohnenkamp's restitution proceedings after Bohnenkamp entered his plea in the criminal matter. Section 503(b)(3)(C) is unclear as to whether it permits administrative fees for participating in restitution matters related to the criminal prosecution after the debtor, or any other relevant party, is convicted or pleads guilty. The court in In re Fall addressed the broad language of § 503(b)(3)(C):
Recall, administrative expenses shall be allowed for the actual, necessary expenses incurred by a creditor in connection with the prosecution of a criminal offense relating to the case. § 503(b)(3)(C) (emphasis added). Nothing in the Code requires that the debtor is the one charged with a crime in order to recover under § 503(b)(3)(C). Rather, more simplistically, there need only be the prosecution of a criminal offense that relates to the bankruptcy case or to the business or property of the debtor. That requirement is clearly met here, where Bohnenkamp was the individual charged with the criminal offense, was the owner of Debtor, and the criminal charges stemmed from Bohnenkamp's conduct as owner of Debtor.
The language of § 503(b)(3)(C) is broader than that of its predecessor, § 64(a)(3) of the Bankruptcy Act in that it does not require information provided by the creditor to result in a conviction. It is unclear from the langauge [sic] the extent to which or how directly a creditor's actions must contribute to the
prosecution. The phrase "in connection" could encompass a wide variety of activities. Its use suggests a legislative intent that a creditor whose activities can be shown to have contributed in any direct way to the results which led to prosecution of a criminal offense, whether or not resulting in conviction, may have its expenses allowed.In re Fall, 93 B.R. 1003, 1012 (Bankr. D. Or. 1988). The amendment is indicative of congressional intent. "When Congress acts to amend a statute, we presume it intends its amendment to have real and substantial effect." Pierce Cty., Wash. v. Guillen, 537 U.S. 129, 145, 123 S. Ct. 720, 730, 154 L. Ed. 2d 610 (2003) (citing Stone v. INS, 514 U.S. 386, 397, 115 S. Ct. 1537, 131 L. Ed. 2d 465 (1995)). Accordingly, this Court agrees with the reasoning in In re Fall and holds that a conviction is not a prerequisite to a creditor receiving administrative fees under § 503(b)(3)(C).
Because a conviction is not necessary to recover fees under § 503(b)(3)(C), then why would a creditor or creditor's attorney's right to receive fees under § 503(b)(3)(C) end at conviction? That result makes little sense having already concluded no conviction is necessary to recover fees in the first place. Furthermore, the outcome of the restitution proceedings are potentially important to the creditor body in a bankruptcy case because they may entail recovery of compensation for the victims of a debtor's crimes, and these same victims are likely creditors in the bankruptcy case, as is the case here. The services rendered during the restitution phase of the criminal case could lead to a larger recovery for victims. Again, as is the case here, those services during the restitution phase could also impact, or even resolve, other matters in the bankruptcy case. Thus, this Court declines to take the more narrow view of the Code, and holds that creditors are entitled to the actual and necessary, reasonable expenses incurred by a creditor in connection with the prosecution of a criminal offense relating to the case, including attorney services rendered in connection with the restitution phase of the criminal proceeding.
One indication of the relationship of the restitution proceedings and the bankruptcy case is notable. Recall, here, the District Court in the criminal matter referred the restitution issues involving the fraudulent conveyance schemes to this Court for it recommended resolution. The settlement agreement entered into by the parties and approved by the District Court and this Court resolved not only the criminal restitution issues, but also the related transfer avoidance adversary proceeding in this case. While this may be a rare situation, it can be seen how the criminal and bankruptcy issues were intertwined for purposes of the § 503(b)(3)(C) analysis.
1. Eberle Berlin Costs and Fees under § 503(b)(3)(C)
This Court has conducted an analysis of each Eberle Berlin time entry to determine if the fees should be allowed under §§ 503(b)(3)(C) and 503(b)(4). These are the results of that review:
| Date ofServices | Hourscharged | Description of Legal Services | AmountAllowed |
|---|---|---|---|
| 5/18/2016 | 7 | DRAFT DEPOSITION OUTLINE OF CHRISBOHNENKAMP. | $1,400.00 |
| 5/19/2016 | 1.1 | PREPARE FOR CHRIS'S DEPOSITION (1.10). | $220.00 |
| 5/20/2016 | 2.8 | PREPARE FOR BOHNENKAMPDEPOSITION. | $560.00 |
| 5/22/2016 | 7.8 | PREPARE FOR BOHNENKAMPDEPOSITION. | $1,560.00 |
| 5/23/2016 | 8.1 | DEPOSITION OF CHRIS BOHNENKAMP. | $1,620.00 |
| 5/24/2016 | 7.5 | CHRIS BOHNENKAMP DEPOSITION. | $1,500.00 |
| 12/13/2016 | 0.5 | COPY AND PRODUCE BOHNENKAMPDVD OF DEPOSITION TO FBI. | $100.00 |
| 12/15/2016 | 0.8 | PREPARE PRODUCTION FOR FBI AGENT,DREW MCCANDLESS. | $160.00 |
| 3/28/2017 | 1.4 | PULL AND PRODUCE ITEMS AT REQUESTOF INVESTIGATING FBI AGENT. | $280.00 |
| 4/4/2017 | 0.4 | PROVIDE DOCUMENTS TO FBI AGENT,DREW MCCANDLESS. | $80.00 |
| 4/6/2017 | 1.1 | CALL WITH DAVE AND INVESTIGATINGFBI AGENT AND PROSECUTORS INBOHNENKAMP CRIMINAL TRIAL. | $220.00 |
| 4/12/2017 | 1.8 | CALL WITH PROSECUTING ATTORNEYAND LELAND SPINDLER REGARDINGBOHNENKAMP CRIMINAL TRIAL. | $360.00 |
| 7/25/2017 | 0.3 | CORRESPONDENCE AND CALL TO U.S.ATTORNEY REGARDING BOHNENKAMPRESTITUTION ISSUE AND NEWASSIGNMENT OF CLAIMS TO KEYBANK(.3). | $67.50 |
| 8/3/2017 | 0.8 | REVIEW PROSECUTOR'S ORDER FORRESTITUTION IN BOHNENKAMPCRIMINAL MATTER. | $160.00 |
| 11/9/2017 | 1.4 | CONFERENCE WITH FEDERALPROSECUTOR AND FBI AGENT ONRESTITUTION PLAN. | $280.00 |
| 11/10/2017 | 1.6 | EMAIL TO COMMITTEE ON UPDATEDSTATUS WITH FEDERAL PROSECUTOR(0.30); SEND INFORMATION REQUESTEDBY FEDERAL PROSECUTOR (1.30). | $320.00 |
| 11/13/2017 | 1.5 | CONFERENCE WITH N. MCFEELEY AND R.STOVER REGARDING DEPORTMENT OFJUSTICE PROPOSAL (1.10); CALL WITHRAY PATRICO (.40) | $300.00 |
| 11/14/2017 | 1.5 | CALL WITH LELAND (.20); CALL WITHBANKRUPTCY TRUSTEE ON GLOBALSETTLEMENT WITH DEPARTMENT OFJUSTICE (1.30). | $300.00 |
| $9,487.50 |
Regarding the deposition of Bohnenkamp in the state court lawsuit, Creditors provided the following information:
This firm began assisting the FBI on August 10, 2015. This firm conducted two days of videotaped depositions of Chris Bohnenkamp in the Ada County court cases on May 23, 2016 and May 24, 2016, and copies of the video-recording were provided to the FBI. On June 20, 2016, this firm emailed copies of the deposition transcripts and specifically identified for Special Agent McCandless that on page 340 in the second day of depositions Bohnenkamp admitted to inflating the price he charged for a boat to a customer, so the customer could take cash out of the transaction. This is the basis for Count Twenty-Two in the Indictment for bank fraud against KeyBank. In the criminal case, the U.S. Attorney's filed list of trial exhibits identified numerous documents provided by the EB Creditors. While the source of most documents cannot be identified by only looking at the exhibit list, seventeen sections of the video
deposition of Bohnenkamp taken by this firm were included as exhibits, and Exhibit 3121, is the section of the deposition identified by this firm and provided to Special Agent McCandless constituting Count Twenty-Two of the Indictment. The admissions obtained from Bohnenkamp in the deposition were only possible based on being prepared with extensive investigation, research, discovery, and motions to compel, sanction, and the briefing that came out of the motions for summary judgment conducted by this firm and the EB Creditors. Bohnenkamp pled guilty to Counts Twenty-One and Twenty-Two of the indictment.Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101, p. 8 (internal citations omitted). While the depositions were taken in the pending state court lawsuit, Creditors began assisting the FBI before the depositions were taken. In the Court's opinion, the deposition services are sufficiently related to the criminal proceedings to qualify for administrative expense status. See In re Fall, 93 B.R. 1003, 1012 (Bankr. D. Or. 1988) ("['In connection'] suggests a legislative intent that a creditor whose activities can be shown to have contributed in any direct way to the results which led to prosecution of a criminal offense, whether or not resulting in conviction, may have its expenses allowed."). In particular, the information gleaned from these depositions and provided to the FBI was particularly relevant to prosecution of Count Twenty-Two in the indictment, charging Bohnenkamp with Bank Fraud, wherein the U.S. Attorney relied upon excerpts from the deposition videos as exhibits in the criminal case. Bohnenkamp pled guilty to that count. As stated above, the phrase "in connection" encompasses a wide variety of activities. Here, the deposition testimony, although produced during the state court lawsuit, directly supported the prosecution of the criminal offense. Thus, this Court concludes that Creditors have satisfied their burden proving the depositions contributed to the prosecution of the criminal offense relating to Debtor's case.
On the other hand, numerous time entries will be disallowed because the described services do not sufficiently relate to the criminal case against Bohnenkamp. Those excluded time entries are identified on Exhibit 1 to this Decision. The reasons for disallowance are two-fold: either Creditors failed to meet their burden that (1) there is a direct relationship between the expenses sought and the prosecution of the criminal activity, and (2) the prosecution of the criminal offense relates to the debtor's case, business, or property, See In re Ideal Mortg. Bankers, Ltd., 539 B.R. at 434; or the fees sought are unnecessary or unreasonable in amount as required by § 503(b)(4). Recall that, in order to be awarded, fees must qualify under § 503(b)(3)(A)-(E), and they must be reasonable under § 503(b)(4). For example, Creditors sought $180.00 for .9 hours of work for services titled "Call with FBI agent Drew Mccandless." There is no way for this Court to determine whether the amount charged for simply having a call with an FBI agent is reasonable pursuant to § 503(b)(4). This disallowed time entry can be compared with an allowed time entry entitled "Copy and produce Bohnenkamp DVD of deposition to FBI," for which Creditors seek $100.00 for .5 hours of work. This deposition was cited multiple times in the Government's Memorandum on Restitution and Forfeiture. Dkt. No. 113. The service description in this time entry allowed the Court to determine that both elements required for allowance under § 503(b)(3)C) were satisfied, and that those expenses are reasonable under § 503(b)(4).
Exhibit 1 is a detailed line item review of the fees and costs sought by Creditors. It includes the reasons for allowance or disallowance of each line item. The findings and conclusions in Exhibit 1 are supplemental to this Decision, and each line item is hereby incorporated into this Decision by reference.
Furthermore, some of the fees Creditors contend should be allowed were solely for pursuing the civil suit related to Debtor's case. These services are different than those for the deposition fees discussed above, where Creditors satisfied their burden that the depositions were directly related to the prosecution of the criminal offense by showing that they began assisting the FBI before the depositions were taken, and the results of those depositions were used in the criminal indictment. While it is possible these services may be recoverable under § 503(b)(3)(D), pursuing a civil suit relating to the debtor's case, business, or property does not entitle a party to administrative expenses under § 503(B)(3)(C) if there is no direct relation to the criminal prosecution. See Holzer v. Barnard, 2016 WL 4046767, at *10. Here, Creditors seek recovery of fees for services rendered solely in pursuit of the state court lawsuit not connected to the criminal prosecution, and those fees will be disallowed.
In their reply to the Government's objection to the application for administrative fees, under a section entitled, "Fees and costs to file and prosecute the EB Creditors' state court civil case are 'necessary expenses . . . incurred by a creditor in connection with the prosecution of a criminal offense' under 11 U.S.C. § 503(b)(3)(C) and (B)(4)," Creditors state the following:
Creditors are seeking administrative expenses for preparing state court complaints and legal services related to discovery requests. Without filing a state court complaint, serving the complaints, and conducting discovery, the EB Creditors would have no available remedy to investigate and advance the state court cases that made the criminal prosecution and Settlement Agreement possible.Creditor's Reply to the United States' Attorney's Objection to Applications for Administrative Expenses, Dkt. No. 113, p. 4.
In other words, a direct relationship exists between the depositions and the prosecution of the criminal prosecution.
At the very least, Creditors failed to satisfy their burden of proving the fees for these services are in connection to the criminal prosecution.
Additionally, Creditors seek an allowance for costs incurred by Eberle Berlin under § 503(b)(3)(C). Most of these claims will be disallowed because the Court cannot determine how the costs were incurred in connection with the criminal prosecution. However, others of the costs will be allowed:
| Date ofServices | Cost | Description of Legal Services | AmountAllowed |
|---|---|---|---|
| 5/27/2016 | $1,194.62 | JOHN GLENN HALL COMPANYDEPOSITION TRANSCRIPTS VIDEODEPOSITION OF CHRIS BOHNENKAMP5/23/16 AND 5/24/16 | $1,194.62 |
| 8/30/2016 | $1,184.18 | M & M COURT REPORTINGDEPOSITION TRANSCRIPTS DepositionTranscripts re: Deposition of ChristopherBohnenkamp 05/23/16 & 05/24/16 5/23/16Deposition of Christopher Bohnenkamp | $1,184.18 |
| 8/30/2016 | $1,219.61 | M & M COURT REPORTINGDEPOSITION TRANSCRIPTS DepositionTranscripts re: Deposition of ChristopherBohnenkamp 05/23/16 & 05/24/16 5/24/16Deposition of Christopher Bohnenkamp | $1,219.61 |
| $3,598.41 |
In sum, Creditors will be awarded $9,487.50 for fees for services provided by Eberle Berlin pursuant to § 503(b)(3)(C), and $3,598.41 in costs, totaling $13,085.91.
2. Hawley Troxell Costs and Fees under § 503(b)(3)(C)
No fees will be allowed to Hawley Troxell under § 503(b)(3)(C) for the reasons set forth in Exhibit 1. Hawley Troxell's time entries and service descriptions are rife with lumping. Here are just a few examples:
| Date ofServices | Hourscharged | Description of Legal Services | AmountDisallowed |
|---|---|---|---|
| 4/3/2015 | 2.3 | Telephone conference with FBI office reinvestigation; telephone conference withAgent Drew McCanless (2) re issues;telephone conference with T. Picken's officere facts of pending lawsuit againstdefendants; telephone conference with A.Little re facts of pending lawsuit against | $320.00 |
| defendants and criminal investigation;telephone conference with clients (3) rediscussions with FBI. | |||
| 4/8/2015 | 1.7 | Extended call with Agent D. McCandless;review notes relating to communicationswith M. Murphy and W. Scott; e-mail toclient re call with agent and information tosend to agent. | $300.00 |
| 4/17/2015 | .8 | Telephone conference with FBI agent;search linked in for other BCW employees;telephone conference with A. Little reinformation received. | $300.00 |
Creditors attempt to recover fees under both § 503(b)(3)(C) and § 503(b)(3)(D). In other words, for each fee Creditors attempt to recover under § 503(b)(3)(C), they also seek to recover those fees under § 503(b)(3)(D). The Court analyzed each expense under both Code provisions. The conclusion remains the same. For example, in the excerpt above, it is also an exercise in speculation for this Court to assume that "search linked in for other BCW employees" is a service that somehow substantially contributed to the bankruptcy case as mandated by § 503(b)(3)(D).
Additionally, Creditors seek an award for costs incurred by Hawley Troxell under § 503(b)(3)(C). But again, these costs are inadequately described. For example, there are thirteen entries simply labeled "Copying," for which Creditors seek $116.46 in costs. It is unclear what materials were being copied or how they related to the criminal prosecution. Creditors also seek $221.00 for filing one of the state court complaints, and $325.00 for serving the state court lawsuit summons and complaint on the various defendants. To the Court, these costs were not incurred "in connection" to the criminal prosecution. All the costs relate solely to the state court lawsuit. This deficiency, coupled with the inadequate descriptions, render it impossible for this Court to determine whether those costs are related to the criminal prosecution, and whether they are reasonable under § 503(b)(4). This Court cannot determine whether those costs are recoverable under § 503(b)(3)(C), or reasonable pursuant to § 503(b)(4). Thus, no costs will be awarded to Creditors for services rendered by Hawley Troxell under § 503(b)(3)(C).
C. § 503(b)(3)(D)
Creditors assert that they are entitled to administrative expenses pursuant to § 503(b)(3)(D) for their attorneys' efforts that substantially contributed to the bankruptcy case. Specifically, Creditors argue that they "researched, investigated, conducted extensive discover (sic), prepared expert witness reports, obtain (sic) admissions from Chris Bohnenkamp, conducted a two-day deposition of Chris Bohnenkamp, and obtained admissions and discovery from DHJ and NJA. On September 15, 2016, this firm had a four-hour conference with the bankruptcy Trustee advising her on the merits, evidence, strength and weaknesses of the fraudulent transfer claims of the Debtor's estate and other available remedies." Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101, p. 12. Creditors further posit that any assistance their lawyers provided related to the criminal case necessarily constituted a substantial contribution to the bankruptcy case.
For example, Creditors note that "Trustee's attorney and the U.S. Attorney, in the Bohnenkamp criminal matter, jointly achieved the joint Settlement Agreement. Because the Settlement Agreement was entered by the U.S. Attorney in the criminal matter, the assistance provided by the EB Creditors in the criminal matter (and described above) also constitutes substantial contribution in this case." Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101, p. 12.
Trustee disputes Creditors' position that most all of their lawyers' activities substantially contributed to the bankruptcy case. Trustee's Response to Applications for Administrative Expenses, Dkt. No. 114. Trustee argues that not all of Creditors' actions in the state court lawsuits substantially contributed to the case. Id. More specifically, Trustee is skeptical as to the time entries between early 2015 and November 2017 that Creditors claim substantially contributed to the case. Id. Instead, Trustee identifies only seven time entries describing services during that time period that she believes may qualify as a substantial contribution, the total for which is $1,852.50. Id.
In sorting out this issue, the Court must first address whether § 503(b)(3)(D) applies in a chapter 7 case. Section 503(b)(3)(D) provides that "a creditor, an indenture trustee, an equity security holder, or a committee representing creditors or equity security holders other than a committee appointed under section 1102 of this title, in making a substantial contribution in a case under chapter 9 or 11 of this title . . . ." § 503(b)(3)(D) (emphasis added). Of course, this is a chapter 7 liquidation case, not a chapter 9 or 11 reorganization. However, the Ninth Circuit has held that administrative expenses not expressly enumerated in § 503 may, under some circumstances, be deemed administrative expenses under this provision:
[T]he structure of section 503(b) is inconsistent with a restrictive interpretation of its list of administrative expenses; the statute states that "there shall be allowed administrative expenses, . . . including -" and then lists (in subsections (1)-(5)) a series of expenses. 11 U.S.C. § 503(b)(1)-(5). In construing a statute, the use of a form of the word "include" is significant, and generally thought to imply that terms listed immediately afterwards are an inexhaustive list of examples, rather than a bounded set of applicable items.See United States v. Ledlin (In re Mark Anthony Const., Inc.), 886 F.2d 1101, 1106 (9th Cir. 1989) (addressing whether "the interest which accrues on taxes due after the filing of a bankruptcy petition afforded first priority status as an administrative expense of the bankruptcy estate[.]"). Thus, for this reason, administrative expenses under § 503(b)(3)(D) may be allowed in a chapter 7 case under Ninth Circuit precedent.
. . .
The Bankruptcy Code specifically provides that "including" is not a limiting term when used in the Code. 11 U.S.C. § 102(3). Especially in light of this unambiguous general directive, we conclude that the administrative expense statute's use of "including" renders the expressio unius rule inapplicable to section 503. Thus . . . expenses not specifically listed in the section can be deemed administrative expenses.
As noted previously, this Court believes that administrative expenses are allowed for services provided by attorneys for the preparation, filing, and successful adjudication of the bankruptcy filing under § 503(b)(3)(A). Moreover, this Court also believes that it was correct in holding that fees for services in connection to the prosecution of a criminal offense that relates to the bankruptcy case includes those services provided during the restitution phase of the criminal proceeding under § 503(b)(3)(C). Arguably, even assuming those services are not covered specifically by those Code provisions, they would likely be allowed under Ninth Circuit precedent for the reasons set forth above. See United States v. Ledlin (In re Mark Anthony Const., Inc.), 886 F.2d at 1106 ("The Bankruptcy Code specifically provides that "including" is not a limiting term when used in the Code. 11 U.S.C. § 102(3). Especially in light of this unambiguous general directive, we conclude that the administrative expense statute's use of 'including' renders the expressio unius rule inapplicable to section 503. Thus . . . expenses not specifically listed in the section can be deemed administrative expenses.").
But, at bottom, the principal test for whether services provided a substantial contribution to a bankruptcy case is gauged by examining the extent of the benefit bestowed by those services on the bankruptcy estate as a whole. Christian Life Ctr. Litig. Def. Comm. v. Silva (In re Christian Life Ctr.), 821 F.2d 1370, 1373 (9th Cir. 1987). This Court addressed the substantial contribution requirement in In re Sanders Grain Farms:
Case law does not clearly define what sort of creditor conduct or activities constitute a "substantial contribution to a case" that would support an award of fees and costs to a creditor as an administrative expense. The Ninth Circuit has observed that "the principle test of substantial contribution is 'the extent of benefit to the estate.'" Cellular 101, Inc. v. Channel Commc'n, Inc. (In re Cellular 101, Inc.), 377 F.3d 1092, 1096 (9th Cir. 2004) (quoting Christian Life Ctr. Litig. Def. Comm. v. Silva (In re Christian Life Ctr.), 821 F.2d 1370, 1373 (9th Cir. 1987); and Pierson & Gaylen v. Creel & Atwood (In re Consol. Bancshares, Inc.), 785 F.2d 1249, 1253 (5th Cir. 1986) (reaffirming that "services which substantially contribute to a case are those which foster and enhance, rather than retard or interrupt the progress of reorganization")).In re Sanders Grain Farms, No. 06-40163-JDP, 2007 WL 1381407, at *2-3 (Bankr. D. Idaho May 7, 2007). To determine when a substantial contribution has been made, the bankruptcy court should, at a minimum:
[W]eigh the cost of the claimed fees and expenses against the benefits conferred upon the estate which flow directly from those actions. Benefits flowing to only a portion of the estate or to limited classes of creditors are necessarily diminished in weight. Finally, to aid the district and appellate courts in the review process, bankruptcy judges should make specific and detailed findings on the substantial contribution issue.Id. (quoting Hall Fin. Group v. DP Partners, Ltd P'ship (In re DP Partners Ltd. P'ship.), 106 F.3d 667, 673 (5th Cir. 1997). The court in In re Deval addressed § 503(b)(3)(D):
Only those fees and expenses incurred performing activities related to the substantial contribution, however, are entitled to receive administrative expense status. Applicants may not recover fees and expenses for activities unrelated to the substantial contribution or designed primarily to protect their own interests, such as filing a proof of claim, staying informed about the case generally, preparing requests for notice, or reviewing pleadings.In re Deval Corp., 592 B.R. 587, 601-02 (Bankr. E.D. Pa. 2018), aff'd sub nom., In re DeVal Corp., 601 B.R. 725 (E.D. Pa. 2019).
The applicant bears the burden of establishing by a preponderance of the evidence that requested expenses were actual and necessary and that the counsel fees are reasonable. To meet this burden, applicants must detail each expense incurred for which reimbursement is sought, and their attorneys must provide adequate time records. The [c]ourt must disallow entries which lack enough supporting detail to enable the [c]ourt to determine whether the requested fees and expenses were incurred while making a substantial contribution to the estate. However, if the court intends to reduce or disallow requested fees or expenses, it must give the applicant a reasonable opportunity to clarify ambiguities in the application or to present evidence or argument in support of the application.
Section 503(b)(3)(D) requires this Court to weigh the cost of the fees and expenses against the benefits conferred upon the estate. Section 503(b)(4) requires that any fees allowed under § 503(b)(3)(A)-(E) must be reasonable "based on the time, the nature, the extent, and the value of such services . . . ." § 503(b)(4). Thus the § 503(b)(3)(D) and § 503(b)(4) analysis are similar.
Here, after the objections to the claims and motions were filed, the Court conducted a hearing at which the parties were offered an opportunity to argue in support of its position. As a result, no further hearing on the matter is necessary even if the fee amounts are to be reduced, an outcome that was clearly sought by the objectors.
Because Creditors seek fees for professional services rendered by attorneys whose work substantially contributed to the case, Creditors must satisfy the burden of proving both § 503(b)(3)(D) and § 503(b)(4).
1. Eberle Berlin Costs and Fees under § 503(b)(3)(D)
The Eberle Berlin attorneys describe the work they performed that allegedly substantially contributed to the bankruptcy case in Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses. Dkt. No. 101, at 12-14. As noted above, the Court declines to assume that any work performed in connection to the Bohnenkamp criminal matter automatically substantially contributed to the bankruptcy case merely because the Settlement Agreement eventually negotiated and approved by the courts resolved matters in both the criminal and bankruptcy cases. Put another way, qualifying under one Code provision does not mean, ipso facto, that the subject services and fees also qualify under a different provision. Instead, each service or charge must be analyzed under each Code provision. Similarly, just because some fees are disqualified for allowance under one Code provision does not mean that they will not qualify under another.
For example, Creditor's attorneys seek fees under both § 503(b)(3)(C) and §503(b)(3)(4) for services related to preparing for and conducting Bohnenkamp's deposition. This Court found, above, that some of those fees qualified as administrative expenses under § 503(b)(3)(C), but those fees would be disallowed under § 503(b)(3)(D) because, based on the information and the arguments offered by Creditors, there is no way for the Court to determine if the depositions benefitted the bankruptcy estate as a whole.
Creditors acknowledge that the discovery conducted in the civil case yielded little to no tangible results: "Throughout this representation, the responses received from Debtor and affiliates to discovery requests were generally late, non-responsive, incomplete, and in some case false." Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101, p. 3. The Court recognizes the proverbial rock and a hard place between which Creditors find themselves. Creditors' attorneys provided services related to discovery, but this discovery netted little helpful information. If the discovery in the state court lawsuit yielded little of value, how, then, can it be that the discovery "substantially contributed" to the entire bankruptcy case? The low- yield discovery led Creditors to conduct their own open-source research related to Debtor. However, that does not mean that any research required above and beyond what should have been supplied in discovery substantially contributed to the case, or that it benefitted the bankruptcy estate as a whole. Again, Creditors have the burden to prove they are entitled to fees under § 503(b)(3)(D). To meet this burden, Creditors' lawyers argue that they engaged in "extensive research of social-media, public corporate filings, Coast Guard records, litigation filings in New York, Debtor's internal records, and inquiries of individuals and other creditors." Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101, p. 3. However, Creditors fail to explain how this research yielded any constructive results for the bankruptcy estate.
On this record, Creditors have failed to satisfy their burden of showing that the state court discovery their attorneys conducted, or the related services or research in furtherance of the state court lawsuit, substantially contributed to the bankruptcy case and estate as a whole. For this reason, fees for both the discovery related services, as well as the research related services, in the state court lawsuit do not constitute allowed administrative expenses.
Creditors lawyers provided the following services assisting Trustee for of which Creditors seek an allowance under § 503(b)(3)(D):
| Date ofServices | Hourscharged | Description of Legal Services | AmountSought |
|---|---|---|---|
| 9/15/2016 | 5 | CONFERENCE WITH BANKRUPTCYTRUSTEE REGARDING FRAUDULENTTRANSFER SCHEME | $1,000.00 |
| 9/28/2016 | 0.1 | FOLLOW-UP WITH BANKRUPTCYTRUSTEE. | $20.00 |
| 10/11/2016 | 0.8 | CALL WITH BANKRUPTCY TRUSTEE ONPLAN AND PROGRESS. | $160.00 |
| 10/29/2016 | 0.4 | PROVIDE DOCUMENTS TO TRUSTEE. | $80.00 |
| 11/1/2016 | 1.3 | CALL WITH BANKRUPTCY TRUSTEE ONINFORMATION AVAILABLE IN CASEAND BEAU VALUE BOAT. | $260.00 |
| 11/15/2016 | 0.8 | CALL WITH BANKRUPTCY TRUSTEEAND MESSAGE TO JED MANWARING. | $160.00 |
| 11/17/2016 | 0.5 | CALL WITH AND SEND INFORMATIONTO JED MANWARING (POTENTIALCOUNSEL FOR TRUSTEE). | $100.00 |
| 11/30/2016 | 2.1 | CALL WITH BANKRUPTCY TRUSTEE(0.40); ATTEND CREDITOR EXAM OFDEBTOR (1.70). | $420.00 |
| 12/7/2016 | 1.1 | CALL WITH BANKRUPTCY TRUSTEE ONINFORMATION AVAILABLEREGARDING FOX PERSONAL BOAT. | $220.00 |
| 2/16/2017 | 1.9 | CONFERENCE WITH JED MANWARING(ATTORNEY FOR TRUSTEE) (1.20); PULLDOCUMENTS TO SEND TO J.MANWARING (0.70). | $380.00 |
| 2/21/2017 | 2 | PREPARE DOCUMENTS FORPRODUCTION TO JED MANWARING. | $400.00 |
| 4/27/2017 | 0.9 | CALL WITH COUNSEL FORBANKRUPTCY TRUSTEE. | $180.00 |
| 6/12/2017 | 0.3 | REVIEW AND COMMENT ON DRAFTCOMPLAINT IN TVM BANKRUPCTY (.5). | $67.50 |
| 6/14/2017 | 0.4 | CALL WITH ATTORNEY FOR TRUSTEEREGARDING COMPLAINT FORADVERSARY PROCEEDING AGAINST NJAAND FOX. | $80.00 |
[their lawyers] provided all available information, whether through conversations or documents, pertaining to the fraudulent transfers and other improper activity of the Debtor and affiliates to Trustee Janine Reynard. Additionally, this firm cooperated with the Trustee's attorney Jed Manwaring in proving information, documents, and a Word copy of the Ada County complaint to pursue the fraudulent transfer claims.Creditor's Joint Memorandum in Support of Allowance of Administrative Expenses, Dkt. No. 101, p. 5. Trustee disputes this:
With regard to section 503(b)(3)(D), Trustee acknowledges that EB Creditors did provide information to the Trustee and her attorney regarding EB Creditors' investigation during the pendency of their various state court lawsuits. It is not uncommon for creditors and attorneys to provide such information to chapter 7 trustees, the U.S. Trustee's Office and the U.S. Attorney's Office. Trustee does not see any costs specifically incurred by EB Creditors to provide such information to the Trustee and her attorney. Trustee does not agree that EB Creditors should be reimbursed for any and all expenses incurred during the litigation process for their various state court lawsuits. Those expenses were not incurred for the benefit of the
bankruptcy estate, as they were incurred prior to the Order for Relief.Trustee's Response to Applications for Administrative Expenses, Dkt. No. 114, p. 3. Of those services listed above, Trustee concedes that certain services may qualify as a substantial contribution:
| Date ofServices | Hourscharged | Description of Legal Services | AmountSought |
|---|---|---|---|
| 9/15/2016 | 5 | CONFERENCE WITH BANKRUPTCYTRUSTEE REGARDING FRAUDULENTTRANSFER SCHEME | $1,000.00 |
| 9/28/2016 | 0.1 | FOLLOW-UP WITH BANKRUPTCYTRUSTEE. | $20.00 |
| 10/11/2016 | 0.8 | CALL WITH BANKRUPTCY TRUSTEE ONPLAN AND PROGRESS. | $160.00 |
| 10/29/2016 | 0.4 | PROVIDE DOCUMENTS TO TRUSTEE. | $80.00 |
| 11/17/2016 | 0.5 | CALL WITH AND SEND INFORMATIONTO JED MANWARING (POTENTIALCOUNSEL FOR TRUSTEE). | $100.00 |
| 2/16/2017 | 1.9 | CONFERENCE WITH JED MANWARING(ATTORNEY FOR TRUSTEE) (1.20); PULLDOCUMENTS TO SEND TO J.MANWARING (0.70). | $380.00 |
| 6/12/2017 | 0.3 | REVIEW AND COMMENT ON DRAFTCOMPLAINT IN TVM BANKRUPCTY (.5). | $112.50 |
| $1,852.50 |
Because Trustee does not dispute it, the fees in the table above will be allowed as administrative expenses. However, the Court must decide whether the remaining services qualify as a substantial contribution. Those services are listed below:
| Date ofServices | Hourscharged | Description of Legal Services | AmountSought |
|---|---|---|---|
| 11/1/2016 | 1.3 | CALL WITH BANKRUPTCY TRUSTEE ONINFORMATION AVAILABLE IN CASEAND BEAU VALUE BOAT. | $260.00 |
| 11/15/2016 | 0.8 | CALL WITH BANKRUPTCY TRUSTEE ANDMESSAGE TO JED MANWARING. | $160.00 |
| 11/30/2016 | 2.1 | CALL WITH BANKRUPTCY TRUSTEE(0.40); ATTEND CREDITOR EXAM OFDEBTOR (1.70). | $420.00 |
| 12/7/2016 | 1.1 | CALL WITH BANKRUPTCY TRUSTEE ONINFORMATION AVAILABLEREGARDING FOX PERSONAL BOAT. | $220.00 |
| 2/21/2017 | 2 | PREPARE DOCUMENTS FORPRODUCTION TO JED MANWARING. | $400.00 |
| 4/27/2017 | 0.9 | CALL WITH COUNSEL FOR BANKRUPTCYTRUSTEE. | $180.00 |
| 6/14/2017 | 0.4 | CALL WITH ATTORNEY FOR TRUSTEEREGARDING COMPLAINT FORADVERSARY PROCEEDING AGAINST NJAAND FOX. | $80.00 |
After review, the Court concludes that Creditors have not adequately demonstrated that the services listed above substantially contributed to the bankruptcy case and estate as a whole for purposes of § 503(b)(3)(D). Phone conversations with Trustee or her counsel, cannot, without more proof, be presumed to have substantially contributed to the case. Likewise, sending documents to Trustee or her lawyer also does not automatically qualify the activities for as a substantial contribution. Were the outcome otherwise, arguably the cost of any creditor conversations with, or correspondence to, a trustee or counsel would arguably qualify as an administrative expense in a bankruptcy case under § 503(b)(3)(D). That simply cannot be what Congress intended in granting a priority for substantial contribution costs. Instead, Creditors must adequately prove how these services substantially contributed to the bankruptcy case. Creditors' briefs do not contain the quantity or quality of information needed to satisfy their burden. For this reason, those services disputed by Trustee listed in the table above will be disallowed.
Next, many of the charges for services provided by Creditors' lawyers will be disallowed because the attorneys engaged in the unfortunate practice of lumping their time entries. These entries are specifically identified in Exhibit 1, but here are some examples:
| Date ofServices | Hourscharged | Description of Legal Services | AmountSought |
|---|---|---|---|
| 5/5/2015 | 3.9 | REVIEW DISCOVERY RESPONSES FROMDEFENDANT; CONFERENCE WITH C.RIPPEE ON PURSUING MOTION TOCOMPEL; MESSAGES TO JEREMYMUSGRAVE, JOHN KINNEY, AND MIKEFOX; CALL WITH JEREMY MUSGRAVE;PREPARE SUPPLEMENTAL AFFIDAVITAND EMAIL TO DAVID; CALL WITHDAVID; ATTEMPT TO CALL AND DRAFTLETTER TO JOE STEARNS. | $780.00 |
| 6/29/2015 | 4.6 | REVIEW SCHEDULING ORDER; CALLWITH DAVID; EMAIL STIPULATION TOEXTEND TRIAL DATE; REVIEW COASTGUARD PREPARED DOCUMENTS;PREPARE SECOND DISCOVERY REQUEST. | $920.00 |
| 7/1/2015 | 2.8 | DRAFT AMENDED NOTICES OF 30(B)(6)DEPOSITION; CALL WITH LYNETTE DAVISREGARDING STATUS OF MOTION FORSUMMARY JUDGMENT IN HER CASE AND | $560.00 |
| AFFIDAVITS FOR AND AGAINSTBOHNENKAMP; PRESERVE VIDEO ANDONLINE EVIDENCE. | |||
| 7/2/2015 | 2.3 | CALL WITH DAVE; CALL WITH LYNETTE;DRAFT LETTER REGARDINGDISCOVERY AND SETTLEMENT TO MIA. | $460.00 |
| 7/7/2015 | 1.5 | REVIEW FINANCIALS PROVIDEDTHROUGH DISCOVERY AND EMAIL TODAVE; CALL WITH JOE STEARNSREGARDING AFFIDAVIT. | $300.00 |
| 7/8/2015 | 1 | DRAFT LETTER DEMANDING DISCOVERYTO OPPOSING COUNSEL; MESSAGE TOJOE STEARNS REQUESTING MEETINGTIME; CONFERENCE WITHATTORNEY S. THARP. | $200.00 |
| 7/13/2015 | 4.1 | PREPARE FOR CONFERENCE WITH JOESTEARNS; RESEARCH CREDITOR FORCINGPARTY INTO INVOLUNTARYBANKRUPTCY AND THE TRUSTEEPURSUING FRAUDULENT CONVEYANCECLAIMS; MEET WITH JOE STEARNS. | $820.00 |
In sum, $1,852.50 in Creditors' Eberle Berlin fees will be allowed as administrative expenses under § 503(b)(3)(D).
Creditors also seek priority status under § 503(b)(3)(D) for various costs incurred by Eberle Berlin. Regrettably, many of the cost descriptions in the submissions are simply inadequate to allow this Court to determine whether the subject expenditures substantially contributed to the bankruptcy as required by § 503(b)(3)(D), and whether the charges are reasonable for purposes of § 503(b)(4). Here are some examples of the deficient entries:
| Date ofServices | Cost | Description of Legal Services |
|---|---|---|
| 2/13/2015 | $37.00 | CHECK TRI COUNTY PROCESS SERVING |
| 2/13/2015 | $77.00 | CHECK TRI COUNTY PROCESS SERVING |
| 5/22/2015 | $10.00 | VISA CERTIFIED COPY (NIAGARA JETADVENTURES) |
| 8/27/2015 | $63.59 | OFFICE MAX - PORTABLE HARD DRIVE |
| 10/2/2015 | $37.72 | CERTIFIED MAIL - POSTAGE - 4 @ $9.43 |
| 10/9/2015 | $10.96 | POSTAGE - 4 @ $2.74 |
| 6/2/2016 | $14.00 | ADAM LITTLE CHECK REIMBURSE PARKING ATADA COUNTY COURTHOUSE 05/23 AND 05/24/16 |
Additionally, Creditors seek an allowance for costs incurred to serve the various state court summons and complaints on the target defendants. There has been no attempt by Creditors to show how service costs substantially contributed to the bankruptcy case. All these costs relate solely to the state court lawsuit. This, coupled with the inadequate descriptions, render it impossible for this Court to determine whether those costs substantially contributed to the bankruptcy case, and whether they are reasonable under § 503(b)(4). Although some costs will be awarded under § 503(b)(3)(C) for the reasons state above, Creditors have failed to satisfy their burden proving that any costs are allowable under § 503(b)(3)(D).
2. Hawley Troxell Costs and Fees under § 503(b)(3)(D)
First, many of the fees sought by Creditors for services provided by Hawley Troxell under § 503(b)(3)(D) will be disallowed as administrative expenses because of lumping for the reasons stated above. Exhibit 1 provides a detailed list of those services disallowed for lumping.
This Court also cannot determine whether these lumped services are reasonable pursuant to § 503(b)(4).
Next, many of the charges for services provided by Hawley Troxell will be disallowed because the descriptions are inadequate to enable the Court to determine whether the services substantially contributed to the case pursuant to § 503(b)(3)(D), or whether the amount sought is reasonable pursuant to § 503(b)(4). Here are some obvious examples:
| Date ofServices | Hourscharged | Description of Legal Services | AmountSought |
|---|---|---|---|
| 2/3/2015 | 1.8 | Review of facts and client documents. | $351.00 |
| 2/23/2015 | 0.3 | Work on demand letter. | $58.50 |
| 3/18/2015 | 0.1 | E-mail exchange with client. | $29.00 |
| 8/25/2015 | 0.3 | Review e-mail from client re list of questionsand respond thereto. | $87.00 |
Fees for services rendered by Hawley Troxell relating to discovery conducted in the state court lawsuit will be disallowed for the same reasons fees for similar services provided by Eberle Berlin are disallowed. As stated above, this discovery yielded little in terms of positive results, and Creditors fail to explain how their lawyers' additional research efforts substantially contributed to the bankruptcy case. Thus, Creditors failed to satisfy their burden that discovery-related services or other research in furtherance of the state court lawsuit substantially contributed to the bankruptcy case and estate as a whole.
Finally, no Hawley Troxell costs qualify for allowance under § 503(b)(3)(D). Those costs were denied priority under § 503(b)(3)(C) for the reasons stated above, and are denied preferred status under § 503(b)(3)(D) for similar reasons. The costs are inadequately described. Again, for example, there are thirteen entries simply labeled "Copying," for which Creditors seek $116.46 in costs. It is unclear what was being copied and how this substantially contributed to the bankruptcy case. Additionally, Creditors seek $221.00 for filing one of the state court complaints, and $325.00 for serving the state court lawsuit summons and complaint on the various defendants. These services or costs did not substantially contribute to the bankruptcy case. All these costs relate solely to the state court lawsuit. The inadequate descriptions render it impossible for this Court to determine whether those costs substantially contributed to the bankruptcy case, and whether they are reasonable under § 503(b)(4). Creditors have failed to satisfy their burden proving the costs are recoverable under § 503(b)(3)(D).
In sum, no fees or costs are recoverable by Creditors for services performed by Hawley Troxell qualify as administrative expenses under § 503(b)(3)(D).
3. Other Considerations under § 503(b)(3)(D)
In addition to the reasons discussed above, there is a more general basis for the Court's decision declining to approve the full amount of attorneys fees and costs sought by Creditors as a "substantial contribution" administrative expense claim under § 503(b)(3)(D).
A review of the bankruptcy case claims register, and the "victims list" in the criminal restitution proceedings, reveals that there is a large number of creditors owed money or damaged by Bohnenkamp's conduct and Debtor's financial failure. Trustee has attempted to liquidate assets to distribute to these parties, but in the end, it appears that the bulk of any funds available to pay claimants will come from the Settlement Agreement recovery. And, of course, the bankruptcy estate has incurred administrative costs other than Creditors' claims that must be paid before creditor distributions can be made.
Creditors' total administrative fee applications amount to about $182,864.50. Realistically, the restitution and avoidance claim compromise will generate less than $250,000. Through its Decision, the Court has attempted to ensure that Creditors receive appropriate, properly-measured reimbursement for their legal costs in commencing and defending the involuntary bankruptcy petition, and for their constructive efforts cooperating with law enforcement agencies in prosecuting Bohnenkamp for his crimes. But in gauging whether Creditors receive additional "substantial contribution" priority administrative expenses, eligible for payment before the claims of other, similarly-situated creditors, the Court cannot in good conscience allow them to consume what would amount to the bulk of all funds available for distribution. In determining an appropriate allowance for Creditors' "substantial contribution" claims, then, the Court has been mindful of a fundamental goal of the Bankruptcy Code: treating creditors equitably in the face of the losses borne by them. Therefore, while Creditors might believe their attorneys' efforts were primarily responsible for the protections provided by the bankruptcy case, the criminal conviction of the wrong-doer, and the recovery of a portion of the avoidable transfers of Debtor's assets, the Court has exercised discretion to weigh those arguable "benefits" against the interests of creditors generally in calculating the amount of Creditor's § 503(b)(3)(D) administrative expense allowance. In the Court's view, the Code mandates such approach.
Although the original claims amount to about $207,653.85, the fee applications request administrative expense status for only $182,864.50 of that amount. --------
Conclusion
The distributions from the bankruptcy case represent an unfortunate outcome for the former customers and other creditors of Debtor. While the restitution order entered by the District Court requires Bohnenkamp to pay additional compensation to his victims, it is uncertain if, or when, he will do so.
Through the Code, the bankruptcy system attempts to equitably balance creditors' losses when a debtor's assets are inadequate to offer payment in full of their claims. The Code's priority scheme recognizes that some, but not all, claims should be, for the policy reasons Congress embraced, preferred. But granting priority comes with a cost to other deserving creditors. Bankruptcy courts must therefore exercise considerable discretion to ensure priorities are appropriately measured and applied. This Court has attempted to do so in this case.
Creditors' administrative expense motions, and their respective priority claims, will be allowed in part and disallowed in part for the reasons set forth above. Creditors collectively will be allowed administrative expense status for their lawyers' fees and costs of $8,400.00 pursuant to § 503(b)(3)(A); $13,085.91 pursuant to § 503(b)(3)(C); and $1,852.50 pursuant to § 503(b)(3)(D). In total, Creditors will be allowed $23,338.41, for professional work performed by Eberle Berlin attorneys pursuant to § 503(b)(4). Creditors' request for an administrative expense under §§ 503(b)(3)(A), 503(b)(3)(C), or 503(b)(3)(D), and § 503(b)(4) for professional services performed by Hawley Troxell attorneys will be denied. Claims 12, 13, 14, and 15 will be allowed as § 507(a)(2) priority claims to the extent of each approved administrative expense in accordance with Creditors' agreement in the allocated share of the fees and costs of work performed by the attorneys for each Creditor.
A separate order consistent with this Decision will be entered.
DATED: October 14, 2020
/s/_________
Jim D. Pappas
U.S. Bankruptcy Judge
Exhibit 1 to In re Treasure Valley Marine , Inc.
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Eberle Berlin Fees
Exhibit 1 - Eberle Berlin Fees
| Date ofService | Hours | Description of Legal Services | Amount | Excluded(amountnot beingsought byCreditors) | Petition(503(b)(3)(A)) | Criminal(503(b)(3)(C)) | SubstantialContribution(503(b)(3)(D)) | Court's Reason for Allowance/Disallowance | |
|---|---|---|---|---|---|---|---|---|---|
| 2/3/2015 | 0.6 | CALL WITH DAVE MCKITRICK; PREPARE CASEFILE FOR COMPLAINT; RESEARCH REQUESTSTO J. FOLEY. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/4/2015 | 4.7 | REVIEW LIENS ON BWC AND FAX ONCONVERSATIONS WITH BWC; CALLS WITHDAVE; DRAFT COMPLAINT; CALL WITH DOUGMUSHLITZ. | $940.00 | $ 940.00 | $ 940.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/4/2015 | 0.3 | TWO CONFERENCES WITH ATTORNEY A.LITTLE; REVIEW EMAIL FROM ATTORNEY A.LITTLE. | $67.50 | $ 67.50 | $ 67.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/5/2015 | 2.3 | RESEARCH IDAHO LIEN LAWS FOR DEPOSITSFOR VEHICLES OR VESSELS; CALL WITH DAVID;DRAFT FIRST DISCOVERY REQUEST. | $460.00 | $ 460.00 | $ 460.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 2/11/2015 | 2.7 | REVIEW COMPLAINT FILED AGAINSTBOHENKAMP LAST WEEK BY CREDITOR; SIGNAND SUBMIT FOR SERVICE FIRST DISCOVERYREQUEST; CALL WITH DAVE; DRAFT | $540.00 | $ 540.00 | $ 540.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 2/12/2015 | 0.5 | CALL WITH DAVE; REVIEW WARRANTY | $100.00 | $100.00 | $ - | $ - | |||
| 2/18/2015 | 0.2 | REVIEW FILED NOTICES OF SERVICE; EMAIL TODAVID REGARDING TIME FOR RESPONSE. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/26/2015 | 0.1 | UPDATE EMAIL TO DAVE REGARDING NEWLAWSUIT. | $20.00 | $ 20.00 | $ 20.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/5/2015 | 3 | REVIEW COMPLAINT AND DISCOVERYREQUEST; RESEARCH EFFECT OF DEFAULTJUDGMENT ON FURTHER DISCOVERY;CONFERENCE WITH S. THARP AND N. | $600.00 | $ 600.00 | $ 600.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 3/5/2015 | 0.3 | ANALYZE ENTRY OF DEFAULT AND STRATEGYTO PURSUE ASSETS. | $67.50 | $ 67.50 | $ 67.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/6/2015 | 0.3 | REVIEW ANSWER; EMAIL TO DAVE. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 3/17/2015 | 1.1 | REVIEW REQUEST OF OPPOSING COUNSEL;DRAFT PROPOSED RESPONSE;CALL WITH DAVID. | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/23/2015 | 0.6 | REVISE LETTER REGARDING DISCOVERY TOOPPOSING COUNSEL; CALL WITH OPPOSINGCOUNSEL'S OFFICE REGARDING DISCOVERYRESPONSES. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/25/2015 | 0.8 | RESEARCH ACCOUNTING PERSONAL TOCONTACT; SEARCH NEW YORK SECRETARY OFSTATE. | $160.00 | $ 160.00 | $ 160.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/26/2015 | 1.2 | REVIEW SCHEDULING ORDER; RESEARCHBANKRUPTCY FILINGS OF CHRISBOHNENKAMP AND PERIOD FOR A REPEATFILING; RESEARCH STATUS OF SIMILARSITUATED CASES. | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/30/2015 | 0.4 | CALL TO OPPOSING COUNSEL; RESEARCH PASTACCOUNTING MANAGER ATTREASURE VALLEY MARINE. | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/1/2015 | 0.4 | REVIEW NEW FILING BY CFO OF TREASUREVALLEY MARINE; RESEARCH CFO, AARON DEY;ATTEMPT TO CONTACT PAST CONTROLLER OFTREASURE VALLEY MARINE. | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 4/2/2015 | 3.6 | DRAFT MOTION TO COMPEL; RESEARCHAARON DEY. | $720.00 | $ 720.00 | $ 720.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/3/2015 | 1.1 | CALL WITH DAVID; REVISE AFFIDAVIT FORFILING MOTION TO COMPEL; CALL WITHLYNETTE DAVIS (COUNSEL FOR ANOTHERPLAINTIFF). | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/6/2015 | 0.7 | REVIEW NOTICE OF HEARING ON MOTION TOCOMPEL; EMAILS WITHOPPOSING COUNSEL. | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/8/2015 | 1.2 | 1.2 HRS NO CHARGE. | $ - | $ - | |||||
| 4/14/2015 | 0.3 | CALL WITH DAVID ON UPDATE WITHLITIGATION. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/15/2015 | 0.1 | MESSAGE TO LYNETTE DAVIS. | $20.00 | $ 20.00 | $ 20.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 4/16/2015 | 0.6 | MESSAGE TO CONTACT IN BUFFALO, NY; FOIAREQUEST TO US COASTGUARD. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/17/2015 | 1.2 | CALL WITH LYNETTE DAVIS REGARDING HERINFORMATION ON THE PAST CFO; CALL WITHPRIOR EMPLOYEE OF BWC; CALL WITHATTORNEYS IN NEW YORK ON SERVING THIRD | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 4/20/2015 | 1.2 | DRAFT SUBPOENA AGAINST NIAGARA JETADVENTURES. | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/21/2015 | 1.8 | DRAFT THIRD PARTY SUBPOENA TO NIAGARAJET ADVENTURES, LLC, CHRISBOHNENKAMP, AND MIKE FOX. | $360.00 | $ 360.00 | $ 360.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/24/2015 | 1.5 | CALL WITH DAVID; EMAIL TO NY ATTORNEY;FIND AND RESEARCH TERESA CHAMBERLAIN. | $300.00 | $ 300.00 | $ 300.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/27/2015 | 1.5 | DRAFT SUBPOENAS FOR MIKE FOX AND CHRISBOHNENKAMP; CALL WITH TERESACHAMBERLAIN. | $300.00 | $ 300.00 | $ 300.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/28/2015 | 0.3 | REVIEW ENGAGEMENT LETTER FROM NEWYORK; EMAILS WITH DAVID. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/29/2015 | 0.2 | REVIEW TIMELINE FOR OPPOSING COUNSELTO RESPOND TO MOTION TO COMPEL; EMAILTO NY COUNSEL WITH SIGNED ENGAGEMENTLETTER AND COMMENTS ON DRAFTED | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 4/30/2015 | 0.4 | REVIEW AND SUBMIT THIRD-PARTYSUBPOENAS TO OPPOSING COUNSEL. | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/4/2015 | 1.3 | REVIEW DISCOVERY RESPONSE FROMDEFENDANTS. | $260.00 | $ 260.00 | $ 260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/5/2015 | 3.9 | REVIEW DISCOVERY RESPONSES FROMDEFENDANT; CONFERENCE WITH C. RIPPEE ONPURSUING MOTION TO COMPEL; MESSAGESTO JEREMY MUSGRAVE, JOHN KINNEY, AND | $780.00 | $ 780.00 | $ 780.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 5/6/2015 | 3.5 | PREPARE OUTLINE FOR MOTION TO COMPEL;ATTEND MOTION TO COMPEL. | $700.00 | $ 700.00 | $ 700.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 5/7/2015 | 1.9 | DRAFT THIRD PARTY SUBPOENAS. | $380.00 | $ 380.00 | $ 380.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/8/2015 | 0.7 | REVISE THIRD PARTY SUBPOENA ON NIAGARAJET ADVENTURES. | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/11/2015 | 0.2 | EMAILS WITH OPPOSING COUNSEL; REVIEWREVISED DISCOVERY RESPONSE. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/13/2015 | 1.5 | CALLS WITH LYNETTE DAVIS AND WITH DAVEREGARDING POOLING RESOURCES ANDCURRENT STATUS OF LITIGATION. | $300.00 | $ 300.00 | $ 300.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/15/2015 | 1.7 | REVISE THIRD PARTY SUBPOENAS WITHDEVILS HOLE JETBOAT,LLC AND SEND FORSERVICE; CALL WITH JOE STEARNS. | $340.00 | $ 340.00 | $ 340.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 5/19/2015 | 1 | CALL WITH DAVID; RESEARCH BANKRUPTCYLAW AND THE EFFECT OF A SUCCESSFULLAWSUIT AND SUBSEQUENT BANKRUPTCY ONPROPERTY THEN TRANSFERRED TO DAVID. | $200.00 | $ 200.00 | $ 200.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 5/21/2015 | 0.2 | CALL WITH NIAGARA REPORTER; EMAIL TODAVE. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/27/2015 | 0.2 | RESPOND TO THE COAST GUARD'S REQUESTFOR MORE INFORMATION. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/10/2015 | 0.3 | DRAFT MOTION TO MODIFY TRIAL SETTING. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/12/2015 | 0.7 | REVISE MOTION TO VACATE TRIAL DATE. | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/15/2015 | 0.5 | CALL WITH LYNETTE DAVIS (ATTORNEY FORANOTHER PLAINTIFF); QUICKREVIEW OF COAST GUARD DOCUMENT;MESSAGE TO DAVID. | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 6/24/2015 | 0.1 | MESSAGE TO DAVID. | $ - | $ - | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 6/26/2015 | 0.1 | REVIEW SCHEDULING ORDER AND MESSAGETO DAVID. | $20.00 | $ 20.00 | $ 20.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/29/2015 | 4.6 | REVIEW SCHEDULING ORDER; CALL WITHDAVID; EMAIL STIPULATION TO EXTEND TRIALDATE; REVIEW COAST GUARD PREPAREDDOCUMENTS; PREPARE SECOND DISCOVERY | $920.00 | $ 920.00 | $ 920.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 6/30/2015 | 1.2 | PREPARE NOTICE OF 30(B)(6) DEPOSITION;CONFERENCE WITH ATTORNEY S. THARP. | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/30/2015 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE (.2). | $45.00 | $ 45.00 | $ 45.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/1/2015 | 2.8 | DRAFT AMENDED NOTICES OF 30(B)(6)DEPOSITION; CALL WITH LYNETTE DAVISREGARDING STATUS OF MOTION FORSUMMARY JUDGMENT IN HER CASE AND | $560.00 | $ 560.00 | $ 560.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/2/2015 | 2.3 | CALL WITH DAVE; CALL WITH LYNETTE; DRAFTLETTER REGARDINGDISCOVERY AND SETTLEMENT TO MIA. | $460.00 | $ 460.00 | $ 460.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/7/2015 | 1.5 | REVIEW FINANCIALS PROVIDED THROUGHDISCOVERY AND EMAIL TO DAVE; CALL WITHJOE STEARNS REGARDING AFFIDAVIT. | $300.00 | $ 300.00 | $ 300.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/8/2015 | 1 | DRAFT LETTER DEMANDING DISCOVERY TOOPPOSING COUNSEL; MESSAGE TO JOESTEARNS REQUESTING MEETING TIME;CONFERENCE WITH ATTORNEY S. THARP. | $200.00 | $ 200.00 | $ 200.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/9/2015 | 1.2 | REVISE DISCOVERY LETTER TO OPPOSINGCOUNSEL; DRAFT AFFIDAVIT OF JOE STEARNS. | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/9/2015 | 0.3 | CONFERENCE WITH ATTORNEY A. LITTLE;REVISE LETTER TO MIA MURPHY. | $67.50 | $ 67.50 | $ 67.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/10/2015 | 0.5 | RESPOND TO OPPOSING COUNSEL'S EMAIL. | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/13/2015 | 4.1 | PREPARE FOR CONFERENCE WITH JOESTEARNS; RESEARCH CREDITOR FORCINGPARTY INTO INVOLUNTARY BANKRUPTCY ANDTHE TRUSTEE PURSUING FRAUDULENT | $820.00 | $ 820.00 | $ 820.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/14/2015 | 3.6 | REVIEW DOCUMENTS PRODUCED BYTREASURE VALLEY MARINE TO LYNNETTE;DRAFT AFFIDAVIT FOR JOE STEARNS;TELEPHONE CALL WITH DAVID. | $720.00 | $ 720.00 | $ 720.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) |
| 7/17/2015 | 1.4 | CALL WITH LYNETTE; REVISE AFFIDAVIT OF JOESTEARNS. | $280.00 | $ 280.00 | $ 280.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/20/2015 | 1.2 | FOLLOW UP ON DEMANDS FORSUPPLEMENTAL DISCOVERY; CYA LETTER TOOPPOSING COUNSEL REGARDING 30(B)(6)DEPOSITIONS. | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/21/2015 | 2.6 | RESPOND TO OPPOSING COUNSEL EMAIL;PREPARE MOTION TO REQUEST SANCTIONS. | $520.00 | $ 520.00 | $ 520.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/22/2015 | 2.5 | EMAILS WITH OPPOSING COUNSEL;TELEPHONE CALL WITH DAVE; CALLWITH LYNETTE; REVIEW DISCOVERY. | $500.00 | $ 500.00 | $ 500.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/22/2015 | 0.5 | MULTIPLE CONFERENCES WITH ATTORNEY A.LITTLE. | $112.50 | $ 112.50 | $ 112.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/23/2015 | 0.3 | REQUEST CERTIFIED COPIES OF DOCUMENTSIN OTHER CASES. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/24/2015 | 6.7 | FOLLOW UP ON STATUS OF AFFIDAVITS;DRAFT MOTION TO SHOW CAUSE ANDIMPOSE SANCTIONS; MEET WITH JOESTEARNS; RESEARCH IMPOSING SANCTIONS; | $1,340.00 | $ 1,340.00 | $ 1,340.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/24/2015 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE. | $45.00 | $ 45.00 | $ 45.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/25/2015 | 5.4 | DRAFT AMENDED COMPLAINT AND RESEARCHADMISSIBILITY OF NEWSPAPER ARTICLES. | $1,080.00 | $ 1,080.00 | $ 1,080.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/26/2015 | 2.1 | DRAFT AMENDED COMPLAINT; EMAILS TOREPORTERS REGARDING COSTOF BOATS. | $420.00 | $ 420.00 | $ 420.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/27/2015 | 5.3 | DRAFT MOTION TO AMEND COMPLAINT ANDPREPARE SUPPORTING AFFIDAVITS. | $1,060.00 | $ 1,060.00 | $ 1,060.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/27/2015 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE. | $45.00 | $ 45.00 | $ 45.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 7/28/2015 | 7.3 | REVIEW DEFENDANTS MOTION FORSUMMARY JUDGMENT; TELEPHONE CALLSWITH DAVE; PREPARE MOTION FORSUMMARY JUDGMENT AND SUPPORTING | $1,460.00 | $ 1,460.00 | $ 1,460.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 7/28/2015 | 0.3 | CONFERENCE WITH ATTORNEY A. LITTLE. | $67.50 | $ 67.50 | $ 67.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 7/29/2015 | 0 | COORDINATE FILING OF MOTION FORSUMMARY JUDGMENT. | $ - | $ - | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||||
| 7/29/2015 | 1.9 | REVIEW, ANALYZE AND EDIT MEMORANDUMIN SUPPORT OF MOTION FOR SUMMARYJUDGMENT; FINALIZE MOTION FOR SUMMARYJUDGMENT PLEADINGS. | $427.50 | $ 427.50 | $ 427.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/3/2015 | 3.1 | REVIEW TVM AND BWC DISCOVERYPRODUCTION AND MOTION FOR LEAVE TOVACATE TRIAL; DRAFT MOTION TO AMENDCOMPLAINT. | $620.00 | $ 620.00 | $ 620.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/4/2015 | 4 | DRAFT MEMORANDUM REQUESTING LEAVETO FILE AMENDED COMPLAINTAND MEMORANDUM IN SUPPORT OFSANCTIONS. | $800.00 | $ 800.00 | $ 800.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/5/2015 | 7 | DRAFT MOTION FOR SANCTIONS; CALL WITHAG'S OFFICE; CALL WITH DAVE; CALL TO B&WWRECKER SERVICES; REVISE MOTION FORSANCTIONS AND DRAFT AFFIDAVIT IN | $1,400.00 | 200 | $ 1,200.00 | $ 1,200.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | ||
| 8/6/2015 | 3 | REVIEW AND REVISE MOTION FOR SANCTIONSAND AFFIDAVIT IN SUPPORT; RESPOND TOMIA'S DISCOVERY REQUESTS. | $600.00 | $ 600.00 | $ 600.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/6/2015 | 1.4 | DISCOVERY RESEARCH REGARDINGNON-PARTY; DRAFT RESPONSE TO OPPOSINGCOUNSEL REGARDING DISCOVERY DISPUTE | $245.00 | $ 245.00 | $ 245.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/10/2015 | 2.2 | RESEARCH AND RESPOND TO MIA'SUNREASONABLE DISCOVERY INTERPRETATION;CALL WITH FBI AGENT, DREW MCCANDLESS;CALL WITH LYNETTE DAVIS REGARDING | $440.00 | $ 440.00 | $ 440.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/11/2015 | 5.1 | DRAFT RESPONSE BRIEF TO BWC'S MOTION TOVACATE TRIAL; DRAFT RESPONSE BRIEF TOBWC'S MOTION FOR SUMMARY JUDGMENT. | $1,020.00 | $ 1,020.00 | $ 1,020.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/12/2015 | 0.8 | REVIEW AND REVISE RESPONSES TO MOTIONTO VACATE AND BWC'S MOTION FORSUMMARY JUDGMENT. | $160.00 | $ 160.00 | $ 160.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/13/2015 | 1.7 | CALL WITH LYNETTE; REVIEW NEW YORKCOMPLAINT. | $340.00 | $ 340.00 | $ 340.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 8/13/2015 | 0.5 | CONFERENCE WITH ATTORNEY A. LITTLE. | $112.50 | $ 112.50 | $ 112.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/17/2015 | 1.5 | CONFERENCE WITH DREW MCCANDLESS, FBI;EMAIL DOCUMENTS TO FBI. | $300.00 | $ 300.00 | $ 300.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/18/2015 | 0.9 | REVIEW EXHIBITS TO FOX'S COMPLAINT INNEW YORK. | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/19/2015 | 0.6 | CALL WITH DAVE ON STATUS. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/24/2015 | 0.4 | INSTRUCTIONS TO JULIE ON PREPARING FORWEDNESDAY HEARING. | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/26/2015 | 4.8 | PREPARE FOR AND ATTEND HEARING ONMOTION FOR SUMMARY JUDGMENT, MOTIONTO AMEND COMPLAINT, AND MOTION TOVACATE TRIAL DATE; CALL WITH DAVE; CALLS | $960.00 | $ 960.00 | $ 960.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/26/2015 | 1 | RESEARCH REGARDING REFERENCE TO AMOTION FOR SUMMARY JUDGMENT IN ARESPONSIVE BRIEF TO OPPOSING MOTIONFOR SUMMARY JUDGMENT AS SUFFICIENT | $175.00 | $ 175.00 | $ 175.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/26/2015 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE. | $35.00 | $ 35.00 | $ 35.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/26/2015 | 0.4 | HEARING ON DEFENDANT'S MOTION FORSUMMARY JUDGMENT WITHATTORNEY A. LITTLE. | $70.00 | $ 70.00 | $ 70.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/27/2015 | 0.6 | CALL WITH IT EXPERT ON EXTRACTING DATAFROM PROVIDEDDOCUMENTS. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/27/2015 | 1 | REVIEW AMENDED COMPLAINT FORCOMPLIANCE WITH LONGARM STATUTE;REVISIONS TO AMENDED COMPLAINT;RESEARCH REGARDING PIERCING CORPORATE | $175.00 | $ 175.00 | $ 175.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/28/2015 | 2.9 | REVISE AMENDED COMPLAINT AND EMAIL TOOPPOSING COUNSEL; MEET WITH ELECTRONICDISCOVERY EXPERT, LUKE, ON REVIEWINGPROVIDED HARD DRIVE. | $580.00 | $ 580.00 | $ 580.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 8/31/2015 | 2.1 | REVIEW MINIMUM CONTACTS RESEARCH ASAPPLICABLE TO MIKE FOX; REVIEW HARDDRIVE PRODUCED BY TVM; MEET WITHLITTLE-MORRIS ON REVIEWING QUICKBOOKS | $420.00 | $ 420.00 | $ 420.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) |
| 9/1/2015 | 0.6 | EMAILS WITH OPPOSING COUNSELREGARDING AMENDED COMPLAINT. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/1/2015 | 0.3 | CONFERENCE WITH ATTORNEY A. LITTLE. | $67.50 | $ 67.50 | $ 67.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/2/2015 | 0.3 | EMAILS WITH OPPOSING COUNSEL ONCOMPLAINT AND DISCOVERY REQUESTS. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/3/2015 | 0.6 | PREPARE ORDER GRANTING AMENDEDCOMPLAINT AND REVISE COMPLAINT;REQUEST ACCEPTANCE OF SERVICE OFPROCESS FROM OPPOSING COUNSEL. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 9/4/2015 | 3.5 | MEET WITH JESSICA WILLIAMS, CPA, ANDREVIEW FINANCIAL STATEMENTS OFBOHNENKAMP ENTITIES; CALL WITHATTORNEY FOR ANOTHER BOHNENKAMP | $700.00 | $ 700.00 | $ 700.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 9/8/2015 | 2.7 | CALL WITH LYNETTE DAVIS REGARDING JOINT | $ - | $ - | |||||
| 9/9/2015 | 1.4 | RESEARCH EFFECT IN BANKRUPTCY OF | $280.00 | $280.00 | $ - | $ - | |||
| 9/14/2015 | 0.6 | REVIEW AFFIDAVITS FOR OUT OF STATESERVICE OF NEW YORK INDIVIDUALS ANDENTITIES. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/15/2015 | 0.7 | REVIEW AND SIGN AFFIDAVIT AND MOTIONFOR SERVICE OUTSIDE THE STATE OF IDAHO. | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/16/2015 | 0.7 | CALL WITH LYNNETTE DAVIS ON JOINTREPRESENTATION. | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/17/2015 | 2.7 | DRAFT DISCOVERY REQUEST ON NEWDEFENDANTS. | $540.00 | $ 540.00 | $ 540.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/18/2015 | 2.4 | DRAFT DISCOVERY REQUESTS ON NEWDEFENDANTS IN NEW YORK. | $480.00 | $ 480.00 | $ 480.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/21/2015 | 1.7 | CALLS WITH DAVE AND GRANT REGARDINGPLAN ON PROCEEDING WITH LITIGATION ANDCURRENT STATE OF DISCOVERY AND MOTIONSTO SERVE OUT OF STATE. | $340.00 | $ 340.00 | $ 340.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 9/22/2015 | 0.1 | CONFERECE WITH ATTORNEY A. LITTLEREGARDING ALLEGATIONS OF CONCEALINGASSETS | $17.50 | $ 17.50 | $ 17.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/22/2015 | 2.2 | RESEARCH REGARDING CONCEALMENT OFASSETS BY BOHNENKAMP | $385.00 | $ 385.00 | $ 385.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/23/2015 | 0.6 | CALL WITH LYNNETTE ON CONSOLIDATINGCASES. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/25/2015 | 1.6 | CALL WITH DAVE AND EMAIL REGARDINGFORMING A COMMITTEE OF CREDITORS. | $320.00 | $ 320.00 | $ 320.00 | Allowed (Filing/Adjudicating Petition) | |||
| 9/27/2015 | 0.7 | DRAFT JOINT REPRESENTATION ENGAGEMENT | $ - | $ - | |||||
| 9/28/2015 | 2.8 | PREPARE JOINT REPRESENTATION ESTIMATE | $ - | $ - | |||||
| 9/29/2015 | 0.9 | REVISE DISCOVERY REQUESTS ON NEWDEFENDANTS. | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/30/2015 | 0.2 | REVIEW DISCOVERY PRODUCTION ON NJAAND DHJ. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/30/2015 | 3 | CONFERENCE ON JOINT REPRESENTATION | $ - | $ - | |||||
| 10/1/2015 | 0.5 | DRAFT ENGAGEMENT LETTER. | $50.00 | $50.00 | $ - | $ - | |||
| 10/1/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/2/2015 | 1.8 | REVISE ENGAGEMENT LETTER BASED ON | $180.00 | $180.00 | $ - | $ - | |||
| 10/5/2015 | 0.4 | CALL WITH FBI AGENT DREW MCCANDLESS. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/6/2015 | 2.4 | CONFERENCE WITH R. STOVER AND N.MCFEELEY REGARDING KEY BANK'S INTEREST;CALL WITH D. MCKITRICK REGARDING RETURNOF JOINT REPRESENTATION LETTER; CALL | $240.00 | 200 | $ 40.00 | $ 40.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | ||
| 10/6/2015 | 0.4 | MOTION TO CONSOLIDATE | $34.00 | $ 34.00 | $ 34.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/7/2015 | 0.3 | CALL WITH GRANT. | $30.00 | $ 30.00 | $ 30.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 10/7/2015 | 4.5 | CALL WITH GRANT AND WITH DAVE; REVIEWAND REVISE DISCOVERY REQUEST UPONCHRIS, BWC, AND TVM; REVIEW FINANCIALDATE FOR RELEVANT INFORMATION TO | $450.00 | 100 | $ 350.00 | $ 350.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | ||
| 10/7/2015 | 3 | RESEARCH REGARDING MOTION TOCONSOLIDATE; DRAFT MOTION; DRAFTMEMORANDUM IN SUPPORT; DRAFTAFFIDAVIT OF ATTORNEY A. LITTLE IN | $255.00 | $ 255.00 | $ 255.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/7/2015 | 4.5 | RESEARCH REGARDING JOINDER OF PLAINTIFF;DRAFT MOTION FOR JOINDER OF A PARTY;DRAFT MEMORANDUM IN SUPPORT; DRAFTAFFIDAVIT OF LELAND SPINDLER IN SUPPORT | $382.50 | $ 382.50 | $ 382.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/8/2015 | 4.2 | REVIEW AND REVISE MOTION TOCONSOLIDATE AND MOTION TO JOINPLAINTIFF; REVISE DISCOVERY REQUEST UPONCHRIS, TVM, AND BWC. | $420.00 | $ 420.00 | $ 420.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/8/2015 | 2.5 | REVISE MOTIONS TO CONSOLIDATE ANDJOINDER; REVISE MEMORANDUMS INSUPPORT; REVISE AFFIDAVITS IN SUPPORT;CONFERENCE WITH ATTORNEY A. LITTLE | $212.50 | $ 212.50 | $ 212.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/9/2015 | 2.8 | REVISE MOTION TO CONSOLIDATE; PREPAREAFFIDAVIT AND CONFERENCEWITH LELAND. | $280.00 | $ 280.00 | $ 280.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/12/2015 | 0.7 | DRAFT LELAND'S AFFIDAVIT. | $70.00 | $70.00 | $ - | $ - | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||
| 10/13/2015 | 2.8 | REVIEW PERSONAL ASSET SEARCH OF CHRISBOHNENKAMP; REVISE DISCOVERY REQUESTON CHRIS; REVIEW LUNGREN SCHEDULINGORDER; CALL WITH LYNNETTE ON STATUS. | $280.00 | $ 280.00 | $ 280.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/14/2015 | 4.1 | PREPARE THIRD PARTY SUBPOENAS; REVIEWAFFIDAVIT WITH LELAND; ATTEND STATUSCONFERENCE. | $410.00 | $ 410.00 | $ 410.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/15/2015 | 0.6 | REVIEW SETTLEMENT PROPOSAL; STATUSUPDATE EMAIL TO CLIENTS. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/16/2015 | 2.2 | FINAL REVIEW REGARDING MOTION FORPRELIMINARY INJUNCTION; RESEARCHREGARDING MOTION FOR PRELIMINARYINJUNCTION BEGIN DRAFTING MOTION | $187.00 | $ 187.00 | $ 187.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/19/2015 | 0.8 | UPDATE LITIGATION PLAN AND IDENTIFYNECESSARY DOCUMENTS. | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/19/2015 | 1.8 | DRAFT MOTION FOR PRELIMINARY INJUNCTIN;RESEARCH MOTION FOR PRELIMINARYINJUNCTION | $153.00 | $ 153.00 | $ 153.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 10/20/2015 | 2.2 | RESEARCH ABILITY TO FILE FOR INJUNCTIONWITHOUT POSTING A BOND; PREPARESTIPULATION TO CONSOLIDATION. | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/20/2015 | 4.4 | RESEARCH REGARDING PRELIMINARYINJUNCTION AND FRAUDULENT TRANSFERS;DRAFT MEMORANDUM IN SUPPORT OFMOTION FOR PRELIMINARY INJUNCTION; | $374.00 | $ 374.00 | $ 374.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/20/2015 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE. | $23.00 | $ 23.00 | $ 23.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/27/2015 | 2.1 | REVISE SPINDLER COMPLAINT; REVISETHIRD-PARTY SUBPOENAS; CALL WITH WAYNESCOTT; CALL WITH CPA EXPERT. | $210.00 | $ 210.00 | $ 210.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/28/2015 | 0.3 | SCHEDULING WITH CPA EXPERTS. | $30.00 | $ 30.00 | $ 30.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/30/2015 | 0.2 | FINAL REVIEW OF SPINDLER COMPLAINT ANDEMAIL TO LELAND. | $20.00 | $ 20.00 | $ 20.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/2/2015 | 1.8 | REVISE LUNGREN AMENDED COMPLAINT. | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/3/2015 | 1.2 | REVIEW DISCOVERY REQUESTS NECESSARYFOR BOAT VALUATION EXPERT AND COURTFILINGS; REVIEW LUNGREN COMMENTS ONCOMPLAINT; EMAILS TO CLIENTS. | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/5/2015 | 2.7 | REVIEW LUNGREN AMENDED COMPLAINT;CALL WITH GRANT AND ANNE; CONFERENCEWITH C. BEADLE REGARDING EXPERTOPINION. | $270.00 | $ 270.00 | $ 270.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/6/2015 | 3.9 | FILE SPINDLER COMPLAINT; PREPAREDOCUMENTS FOR C. BEADLE, CPA, REVIEW;PROVIDE DOCUMENTS TO CPA; PREPAREINSTRUCTIONS FOR CPA. | $390.00 | $ 390.00 | $ 390.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/6/2015 | 0.4 | CONFERENCE WITH ATTORNEY A. LITTLE. | $46.00 | $ 46.00 | $ 46.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/9/2015 | 0.6 | PREPARE MOTION TO CONSOLIDATE SPINDLERCOMPLAINT AND AFFIDAVIT. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/10/2015 | 3 | FINALIZE LETTER TO CPA EXPERT AND PROVIDEDOCUMENTS; REVIEW DEFENDANTS FIRSTDISCOVERY REQUEST ON MCKITRICK ANDPREPARE RESPONSE. | $300.00 | $ 300.00 | $ 300.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) |
| 11/10/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/11/2015 | 1.8 | PREPARE DAVE'S DISCOVERY RESPONSES. | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/11/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/12/2015 | 1.3 | CALL WITH DOUG RIDDLE; PREPAREDISCOVERY RESPONSE; CALL WITHMIA'S OFFICE. | $130.00 | $ 130.00 | $ 130.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/13/2015 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE. | $23.00 | $ 23.00 | $ 23.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/16/2015 | 2 | PREPARE LETTER AND INFORMATION TODOUG RIDDLE. | $200.00 | $ 200.00 | $ 200.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/17/2015 | 2.7 | CONFERENCE WITH M. MURPHY; TELEPHONECALL TO LELAND; REVIEWCHRIS' ANSWER. | $270.00 | $ 270.00 | $ 270.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/18/2015 | 3.8 | REVIEW CHRIS'S REQUEST FOR ADMISSION,REVIEW DOCUMENTS TO BOLSTER, ANDPREPARE REQUEST TO SUPPLEMENT (1:40);CALL WITH LELAND; REVIEW MIA'S SUMMARY | $380.00 | $ 380.00 | $ 380.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/18/2015 | 0.3 | CONFERENCE WITH ATTORNEYS A. LITTLE ANDB. VANDENDRIES; SECOND CONFERENCE WITHATTORNEY A. LITTLE. | $34.50 | $ 34.50 | $ 34.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/19/2015 | 4.6 | CALL WITH CPA; CALL WITH FBI AGENT;SUMMARY OF STATUS TO CLIENTS; MESSAGESTO BRYAN BENTZ; PREPARE SPINDLERDISCOVERY REQUEST FOR TVM AND BWC; | $460.00 | $ 460.00 | $ 460.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 11/19/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/23/2015 | 0.1 | CALL WITH C. BEADLE. | $10.00 | $ 10.00 | $ 10.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 11/24/2015 | 0.6 | CALL WITH C. BEADLE; REVISE SPINDLER FIRSTDISCOVERY REQUEST TO INCLUDE CHRIS. | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/25/2015 | 0.5 | REVIEW PLEADING FILED BY MIA; EMAIL TOLELAND; RESEARCHACCEPTANCE OF SERVICE. | $50.00 | $ 50.00 | $ 50.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/25/2015 | 3.4 | RESEARCH REGARDING LOCATION OF | $289.00 | $289.00 | $ - | $ - | |||
| 11/30/2015 | 4.5 | MESSAGE TO D. RIDDLE; PREPARE MCKITRICKDISCOVERY PRODUCTION; CONFERENCE CALLWITH CLIENTS. | $450.00 | $ 450.00 | $ 450.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/30/2015 | 3.1 | RESEARCH REGARDING LOCATION OFDEPOSITIONS | $263.50 | $ 263.50 | $ 263.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/1/2015 | 0.5 | CALL WITH MARINE POWER AND REVIEWINVOICES; CALL WITH DOUG RIDDLE; EMAILDAVE DISCOVERY DOCUMENTS FORSIGNATURE. | $50.00 | $ 50.00 | $ 50.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/2/2015 | 3.5 | PREPARE DOCUMENTS FOR PRODUCTION;REVISE DISCOVERY RESPONSE FOR DAVE; CALLWITH MARINE POWER; CONFERENCE WITH N.MCFEELEY AND R. STOVER. | $350.00 | $ 350.00 | $ 350.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 12/3/2015 | 4.1 | PREPARE FOR CALL WITH KEY BANK;RESEARCH NEW CASE ON CASINO LIABILITYFOR FRAUDULENT TRANSFERS; CALL WITH C.BEADLE; CALL WITH CD'A REGARDING THIRD | $410.00 | $ 410.00 | $ 410.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 12/3/2015 | 0.3 | CONFERENCE WITH ATTORNEY A. LITTLE. | $34.50 | $ 34.50 | $ 34.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/4/2015 | 1 | CALL WITH KEY BANK. | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/7/2015 | 0.9 | DRAFT LUNGREN FIRST DISCOVERY RESPONSE. | $90.00 | $ 90.00 | $ 90.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/8/2015 | 4.9 | REVISE LUNGREN FIRST DISCOVERY RESPONSE;CALL WITH ATTORNEY FOR MIKE FOX; CALLWITH D. RIDDLE; FOLLOW UP ON THIRD PARTYSUBPOENAS. | $490.00 | $ 490.00 | $ 490.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 12/8/2015 | 0.5 | TWO CONFERENCES WITH ATTORNEY A.LITTLE. | $57.50 | $ 57.50 | $ 57.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 12/9/2015 | 1.1 | REVIEW COMMUNICATION ANDATTACHMENTS FROM MIA MURPHY;RESEARCH AND DRAFT RESPONSEREQUESTING SUPPLEMENTATION OF | $110.00 | $ 110.00 | $ 110.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 12/10/2015 | 4.9 | REVIEW MIA MURPHY'S LETTER AND RESPONDWITH DEMAND FOR PRODUCTION; RESEARCHON LOCATION OF DEPOSITION OF CHRISBOHNENKAMP; PREPARATION FOR MOTION | $490.00 | $ 490.00 | $ 490.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 12/11/2015 | 2.5 | CONFERENCE CALL WITH GRANT, ANNE, ANDDAVE; CALL WITH LELAND; SEND LETTERREQUESTING SUPPLEMENTATION TO MIAMURPHY; CALL WITH MIKE SPINK REGARDINGHIS POTENTIAL REPRESENTATION OF MIKEFOX. | $250.00 | $ 250.00 | $ 250.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/14/2015 | 2.6 | REVIEW DISCOVERY PRODUCED BY DHJ ANDNJA AND IDENTIFY RECORDS FOR USE BYEXPERTS. | $260.00 | $ 260.00 | $ 260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/15/2015 | 2.9 | REVIEW LUNGREN DOCUMENT PRODUCTION;CALLS WITH CPA AND BOAT EXPERTS; CALLWITH COUNSEL FOR MIKE FOX. | $290.00 | $ 290.00 | $ 290.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/15/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/16/2015 | 3.6 | REVISE LUNGREN DISCOVERY PRODUCTION;DRAFT PROPOSAL FOR PLAINTIFFS TO REVIEWFOR SUBMITTING TO KEYBANK. | $360.00 | 200 | $ 160.00 | $ 160.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||
| 12/16/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/17/2015 | 2.2 | CONFERENCE WITH LUNGRENS ON DISCOVERYPRODUCTION AND REVISE DISCOVERYPRODUCTION; DRAFT PROPOSAL FORCONSIDERATION WITH KEYBANK. | $220.00 | 120 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||
| 12/18/2015 | 2.5 | DRAFT LONG RESPONSE TO FOX'S ATTORNEY;REVIEW DISCOVERY FROM CHRISBOHNENKAMP; CONFERENCE WITH CPAEXPERT. | $250.00 | $ 250.00 | $ 250.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/20/2015 | 3.5 | DRAFT LETTER TO KEY BANK ON TERMS OFJOINT ENGAGEMENT; EMAIL STATUS UPDATEON EXPERTS; REVIEW OF BOHNENKAMPPRODUCTION INCLUDING FINANCIAL | $350.00 | 200 | $ 150.00 | $ 150.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | ||
| 12/21/2015 | 2.5 | SUMMARY OF DISCOVERY RECEIVED TO CPAEXPERTS; PREPARE FEE SCHEDULESPREADSHEET FOR REVIEW BY CLIENTS ANDILLUSTRATION OF KEYBANK PARTICIPATION. | $250.00 | 100 | $ 150.00 | $ 150.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | ||
| 12/22/2015 | 1 | RESPOND TO CLIENT EMAILS ON POTENTIAL | $100.00 | 100 | $ - | $ - | |||
| 12/23/2015 | 2 | CONFERENCE CALL WITH LUNGRENS, | $200.00 | 200 | $ - | $ - | |||
| 12/24/2015 | 1.1 | REVISE ENGAGEMENT PROPOSAL FOR | $110.00 | 110 | $ - | $ - |
| 12/28/2015 | 1.5 | FOLLOW UP WITH EXPERTS: RIDDLE, BENTZ,AND BEADLE, ON STATUS OF REPORTS ANDADDITIONAL INFORMATION NECESSARY TOSUBMIT TO THE DEFENDANTS. | $150.00 | $ 150.00 | $ 150.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/30/2015 | 1.4 | REVIEW WASHINGTON TRUST BANKPRODUCTION AND PREPARE REVIEWPROCEDURES FOR JULIE FOLEY TO IDENTIFYSIGNIFICANT DOCUMENTS. | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 12/31/2015 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE. | $11.50 | $ 11.50 | $ 11.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/4/2016 | 0.8 | DRAFT TEMPLATE FOR EXPERT REPORTS FORRIDDLE AND BENTZ (.8). | $160.00 | 80 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||
| 1/4/2016 | 0.2 | FOLLOW UP ON BEADLE REPORT (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/4/2016 | 1.4 | OUTLINE MOTIONS FOR SUMMARYJUDGMENT (1.4). | $280.00 | $ 280.00 | $ 280.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/4/2016 | 1.1 | MEET WITH CPA EXPERT (1.0). | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/4/2016 | 0.4 | REVIEW FILE REGARDING FRAUDULENTTRANSFER CLAIMS (.4). | $68.00 | $ 68.00 | $ 68.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/4/2016 | 2 | BEGIN DRAFTING MOTION FOR SUMMARYJUDGMENT REGARDING BREACH OFCONTRACT AND FRAUDULENT TRANSFERS PERDEVILS HOLE JETBOAT AND CHRISTOPHERBOHNENKAMP (2.0). | $340.00 | 100 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||
| 1/5/2016 | 0.7 | REVIEW DOUG RIDDLE OPINION AND SENDCOMMENTS (.7). | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/5/2016 | 3.5 | REVIEW DOCUMENTS FROM WASHINGTON | $175.00 | $175.00 | $ - | $ - |
| 1/6/2016 | 1.2 | REVISE LUNGREN AMENDED COMPLAINT (1.2). | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/6/2016 | 0.8 | CONFERENCE CALL WITH KEYBANK, R. STOVER, | $160.00 | $160.00 | $ - | $ - | |||
| 1/6/2016 | 0.5 | SUPERVISE WASHINGTON TRUST BANKRECORD REVIEW (.5). | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/6/2016 | 0.2 | CALL WITH C. BEADLE (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/6/2016 | 0.3 | EMAILS AND REVIEW OF BENTZ OPINION (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/7/2016 | 0.5 | PREPARE INITIAL DRAFT OF EXPERT WITNESSDISCLOSURE (.5). | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/7/2016 | 0.8 | INPUT INCOMING AND OUTGOING WIRE | $40.00 | $40.00 | $ - | $ - | |||
| 1/8/2016 | 1.7 | PREPARE INFORMATION FOR CPA EXPERT(1.7). | $340.00 | $ 340.00 | $ 340.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/8/2016 | 1.1 | CONFERENCE WITH CPA EXPERT ON REPORT(1.1). | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/8/2016 | 3.3 | PREPARE EXPERT DISCLOSURE (3.3). | $660.00 | $ 660.00 | $ 660.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/8/2016 | 0.2 | CONFERENCE WITH N. MCFEELEY REGARDING | $40.00 | $40.00 | $ - | $ - | |||
| 1/9/2016 | 0.8 | TELEPHONE CALL WITH DAVE MCKITRICK (.8). | $160.00 | $ 160.00 | $ 160.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/11/2016 | 0.2 | REVIEW CPA PROVIDED REPORT (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 1/11/2016 | 0.9 | FINALIZE EXPERT DISCLOSURE (.9). | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/12/2016 | 3.5 | DRAFT MOTION FOR SUMMARY JUDGMENTON FRADULENT TRANSFERS(3.5). | $700.00 | $ 700.00 | $ 700.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/13/2016 | 3.3 | DRAFT MOTION FOR SUMMARY JUDGMENTON FRAUDULENT TRANSFERS(3.3). | $660.00 | $ 660.00 | $ 660.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/13/2016 | 0.8 | TELEPHONE CALL WITH KEYBANK ON JOINING | $160.00 | $160.00 | $ - | $ - | |||
| 1/13/2016 | 0.7 | REVIEW EXPERT REPORTS (.7). | $119.00 | $ 119.00 | $ 119.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/13/2016 | 1.3 | BEGIN DRAFT MOTION FOR SUMMARYJUDGMENT REGARDINGFRAUDULENT TRANSFERS (1.3). | $221.00 | $ 221.00 | $ 221.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/13/2016 | 1.5 | RESEARCH REGARDING FRAUDULENTTRANSFERS (1.5). | $255.00 | $ 255.00 | $ 255.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/14/2016 | 1.1 | CALL WITH LUNGRENS REGARDING KEYBANK | $220.00 | $220.00 | $ - | $ - | |||
| 1/14/2016 | 0.8 | TELEPHONE CALL WITH DAVE AND LELAND | $160.00 | $160.00 | $ - | $ - | |||
| 1/14/2016 | 2.5 | DRAFT MOTION FOR SUMMARY JUDGMENTREGARDING FRAUDULENT TRANSFERS (2.5). | $425.00 | $ 425.00 | $ 425.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/14/2016 | 1.5 | REVIEW EXPERT REPORTS AND CASE RECORD(1.5). | $255.00 | $ 255.00 | $ 255.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/14/2016 | 0.9 | INPUT APPROPRIATE RECORD CITATIONS TOTHE MEMORANDUM IN SUPPORT OF MOTIONFOR SUMMARY JUDGMENT (.9). | $153.00 | $ 153.00 | $ 153.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/15/2016 | 1.6 | SUBMIT EXPERT WITNESS AFFIDAVITS TOEXPERTS FOR SIGNATURE (1.6). | $320.00 | $ 320.00 | $ 320.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 1/15/2016 | 0.3 | REVIEW GRANTING OF SUMMARY JUDGMENTAGAINST BOHNENKAMP INBARNES CASE (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/15/2016 | 0.4 | TELEPHONE CALL WITH C. BEADLE AND REVISEAFFIDAVIT (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/15/2016 | 4 | DRAFT PLAINTIFF McKITRICK'S MOTION FOR | $680.00 | $680.00 | $ - | $ - | |||
| 1/15/2016 | 2.3 | DRAFT LUNGREN MOTION FOR SUMMARY | $391.00 | $391.00 | $ - | $ - | |||
| 1/16/2016 | 0.7 | REVISE C. BEADLE AFFIDAVIT (.7). | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/16/2016 | 2.8 | CONTINUE DRAFTING LUNGRENS' | $476.00 | $476.00 | $ - | $ - | |||
| 1/16/2016 | 1.5 | DRAFT SPINDLER MEMORANDUM IN SUPPORT | $255.00 | $255.00 | $ - | $ - | |||
| 1/16/2016 | 0.8 | REVIEW RECORD SEGMENTS (.8). | $136.00 | $ 136.00 | $ 136.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/16/2016 | 1.1 | DRAFT DECLARATION OF GRANT LUNGREN IN | $187.00 | $187.00 | $ - | $ - | |||
| 1/17/2016 | 0.7 | REVIEW LUNGREN CERTIFICATION AND | $140.00 | $140.00 | $ - | $ - | |||
| 1/17/2016 | 1.5 | DRAFT CERTIFICATION OF MARILYN SHROEDERIN SUPPORT OF MOTIONFOR SUMMARY JUDGMENT (1.5). | $255.00 | $ 255.00 | $ 255.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/17/2016 | 1 | REVISE CERTIFICATION OF GRANT LUNGREN IN | $170.00 | $170.00 | $ - | $ - | |||
| 1/17/2016 | 1.7 | REVIEW ACCOUNTING RECORDS ANDREPORTS FOR DEFENDANTS (1.7). | $289.00 | $ 289.00 | $ 289.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/17/2016 | 1.4 | DRAFT AFFIDAVIT OF A. LITTLE IN SUPPORT OFMOTION FOR SUMMARY JUDGMENT (1.4). | $238.00 | $ 238.00 | $ 238.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/17/2016 | 0.5 | CONTINUE DRAFTING MEMORANDUM INSUPPORT OF MOTION FOR SUMMARYJUDGMENT REGARDING FRAUDULENTTRANSFERS (.5). | $85.00 | $ 85.00 | $ 85.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/18/2016 | 0.4 | REVIEW AND REVISE LUNGREN MOTION FORSUMMARY JUDGMENT (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 1/18/2016 | 1.3 | FINALIZE MOTION TO AMEND LUNGRENCOMPLAINT (1.3). | $260.00 | $ 260.00 | $ 260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/18/2016 | 0.3 | TELEPHONE CALLS WITH C. BEADLE ANDREVIEW AND REVISE HIS AFFIDAVIT FORSUMMARY JUDGMENT (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/18/2016 | 0.1 | REVIEW AND SUBMIT LUNGREN COMPLAINT(.1). | $20.00 | $ 20.00 | $ 20.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/18/2016 | 0.7 | FINALIZE CERTIFICATION OF GRANT LUNGREN | $119.00 | $119.00 | $ - | $ - | |||
| 1/18/2016 | 1.9 | CONTINUE DRAFTING MEMORANDUM INSUPPORT OF MOTION FOR SUMMARYJUDGMENT REGARDING FRAUDULENTTRANSFERS (1.9). | $323.00 | $ 323.00 | $ 323.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/18/2016 | 0.7 | FINALIZE MEMORANDUM IN SUPPORT OF | $119.00 | $119.00 | $ - | $ - | |||
| 1/18/2016 | 2.3 | FINALIZE MEMORANDUM IN SUPPORT OF | $391.00 | $391.00 | $ - | $ - | |||
| 1/18/2016 | 1.5 | START REVIEW OF CDS PROVIDED BY | $75.00 | $75.00 | $ - | $ - | |||
| 1/19/2016 | 0.9 | REVIEW SPINDLER BREACH OF CONTRACT | $180.00 | $180.00 | $ - | $ - | |||
| 1/19/2016 | 0.1 | TELEPHONE CALL WITH GRANT AND ANNE | $20.00 | $20.00 | $ - | $ - | |||
| 1/19/2016 | 0.9 | REVIEW, FILE, AND SIGN MULTIPLE MOTIONSFOR SUMMARY JUDGMENT (.9). | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/19/2016 | 2.3 | REVISE MEMORANDUM IN SUPPORT OFMOTION FOR SUMMARY JUDGMENTREGARDING FRAUDULENT TRANSFERS (2.3). | $391.00 | $ 391.00 | $ 391.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/19/2016 | 0.7 | DRAFT AFFIDAVIT OF A. LITTLE IN SUPPORT OFMOTION FOR SUMMARY JUDGMENTS (.7). | $119.00 | $ 119.00 | $ 119.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/19/2016 | 3.7 | FINALIZE MOTION FOR SUMMARY JUDGMENTDOCUMENTS FOR FILING(3.7). | $629.00 | $ 629.00 | $ 629.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/20/2016 | 2.3 | DRAFT JOINT REPRESENTATION AGREEMENT | $460.00 | $460.00 | $ - | $ - | |||
| 1/21/2016 | 1 | DRAFT JOINT REPRESENTATION AGREEMENT | $200.00 | $200.00 | $ - | $ - | |||
| 1/21/2016 | 1 | REVIEW MOTION FOR DISCOVERYPRODUCTION (1.0). | $200.00 | $ 200.00 | $ 200.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/22/2016 | 1.8 | DRAFT JOINT REPRESENTATION AGREEMENT | $360.00 | $360.00 | $ - | $ - |
| 1/22/2016 | 0.4 | REVIEW MOTION TO DISMISS FROMDEFENDANT FOX (.4). | $68.00 | $ 68.00 | $ 68.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/23/2016 | 1.7 | FINALIZE FIRST DRAFT OF JOINT | $340.00 | $340.00 | $ - | $ - | |||
| 1/25/2016 | 1.8 | REVIEW MIKE FOX DISCOVERY PRODUCTIONAND IDENTIFY DOCUMENTS FOR USE INOPPOSITION TO MOTION TO DISMISS (1.8). | $360.00 | $ 360.00 | $ 360.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/26/2016 | 0.9 | FOLLOW UP WITH CLIENTS ON KEYBANK | $180.00 | $180.00 | $ - | $ - | |||
| 1/27/2016 | 0.5 | REVISE JOINT REPRESENTATION AGREEMENT | $100.00 | $100.00 | $ - | $ - | |||
| 1/27/2016 | 0.7 | OUTLINE ARGUMENT IN OPPOSITION TOMOTION TO DISMISS (.7). | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/28/2016 | 0.3 | CALL WITH MIA MURPHY ON TRIAL DATES,DEPOSITIONS, AND DISCOVERY(.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/28/2016 | 0.2 | TELEPHONE CALL WITH DAVE (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/28/2016 | 0.6 | UPDATING EMAIL TO CLIENTS (.6). | $120.00 | $ 120.00 | $ 120.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/28/2016 | 0.3 | EMAIL TO KEYBANK (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/29/2016 | 2.7 | DRAFT STIPULATED JUDGMENTS (2.7). | $540.00 | $540.00 | $ - | $ - | |||
| 1/29/2016 | 1.7 | TELEPHONE CALLS WITH DAVE, GRANT AND | $340.00 | $340.00 | $ - | $ - | |||
| 1/29/2016 | 0.2 | TELEPHONE CALL WITH TARA MILLERREGARDING DISCOVERY AND TIMING (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/29/2016 | 1.5 | RESEARCH REGARDING MOTION TO DISMISS(1.5). | $255.00 | $ 255.00 | $ 255.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/29/2016 | 3.4 | BEGIN DRAFTING RESPONSE TO DEFENDANTFOX'S MOTION TO DISMISS (3.4). | $578.00 | $ 578.00 | $ 578.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 1/29/2016 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE (.2). | $46.00 | $ 46.00 | $ 46.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 1/30/2016 | 2.8 | CONTINUE DRAFTING RESPONSE TO FOX'SMOTION TO DISMISS (2.8). | $476.00 | $ 476.00 | $ 476.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/1/2016 | 0.2 | REVIEW BOHNENKAMPS FIFTHSUPPLEMENTAL RESPONSE TO PLAINTIFF'SFIRST DISCOVERY REQUEST (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/1/2016 | 0.2 | RESPOND TO EMAIL OF FOX'S ATTORNEY (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/2/2016 | 4.9 | OUTLINE DEPOSITION QUESTIONS ANDCITATIONS TO RECORD FOR CHRISBOHNENKAMP (4.9). | $980.00 | $ 980.00 | $ 980.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/2/2016 | 0.9 | TELEPHONE CALLS WITH LUNGRENS | $180.00 | $180.00 | $ - | $ - | |||
| 2/2/2016 | 0.8 | EMAILS TO CLIENTS REGARDING DEPOSITIONS | $160.00 | $160.00 | $ - | $ - | |||
| 2/3/2016 | 1.1 | DEPOSITION PREPARATION EMAIL TO | $220.00 | $220.00 | $ - | $ - | |||
| 2/3/2016 | 0.4 | DEPOSITION PREPARATION EMAIL TO | $80.00 | $80.00 | $ - | $ - | |||
| 2/3/2016 | 1.1 | CALL WITH PLAINTIFF TARA ESQUIVEL (1.1). | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/3/2016 | 2.6 | RESEARCH VOIDABLE TRANSFER STATUTE FORSUMMARY JUDGMENT AND FOX'S MOTION TODISMISS (2.6). | $520.00 | $ 520.00 | $ 520.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/3/2016 | 0.4 | CALL WITH LELAND ON DEPOSITION | $80.00 | $80.00 | $ - | $ - | |||
| 2/3/2016 | 0.6 | CALL WITH LUNGRENS (.6). | $120.00 | $120.00 | $ - | $ - | |||
| 2/3/2016 | 1.8 | REVIEW MOTION TO WITHDRAW BY FOXCOUNSEL AND INITIAL DISCOVERYPRODUCTION (1.8). | $360.00 | $ 360.00 | $ 360.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/4/2016 | 1.6 | PROVIDE DEPOSITION NOTICES AND CONTENT | $320.00 | $320.00 | $ - | $ - | |||
| 2/4/2016 | 1.9 | DISCUSS CUSTOMER COMMITTEE AGREEMENT | $380.00 | $380.00 | $ - | $ - | |||
| 2/4/2016 | 3.5 | CONTINUE REVIEW OF WASHINGTON TRUST | $175.00 | $175.00 | $ - | $ - | |||
| 2/5/2016 | 0.7 | CORRESPONDENCE WITH OPPOSING COUNSELREGARDING UPCOMINGHEARINGS (.7). | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/8/2016 | 1.1 | DRAFT PLAINTIFFS' THIRD MOTION TO | $220.00 | $220.00 | $ - | $ - | |||
| 2/8/2016 | 2 | DEPOSITION PREPARATION WITH LUNGRENS | $400.00 | $400.00 | $ - | $ - |
| 2/8/2016 | 4 | PREPARE KEYBANK COMPLAINT AGAINSTBOHNENKAMP AND RELATED ENTITIES (4.0). | $900.00 | $ 900.00 | $ 900.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/9/2016 | 0.2 | REVISE THIRD MOTION TO CONSOLIDATE (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/9/2016 | 4.3 | PREPARE FOR AND DEFEND SPINDLER | $860.00 | $860.00 | $ - | $ - | |||
| 2/9/2016 | 4.4 | DEFEND THE LUNGRENS' DEPOSITIONS (4.4). | $880.00 | $880.00 | $ - | $ - | |||
| 2/9/2016 | 4.5 | DRAFT KEYBANK COMPLAINT AGAINSTBOHNENKAMP AND RELATED ENTITIES (4.5). | $1,012.50 | $ 1,012.50 | $ 1,012.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/9/2016 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE (.1). | $23.00 | $ 23.00 | $ 23.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/10/2016 | 2.6 | REVIEW DRAFTED COMPLAINT (2.6). | $520.00 | $ 520.00 | $ 520.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/10/2016 | 0.5 | REVISE MOTION TO CONSOLIDATE KEYBANKCOMPLAINT (.5). | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/10/2016 | 1.2 | FINALIZE KEYBANK COMPLAINT AGAINSTBOHNENKAMP AND RELATED ENTITIES (1.2). | $270.00 | $ 270.00 | $ 270.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/11/2016 | 3 | REVIEW FOX PRODUCTION AND IDENTIFYMATERIAL ITEMS FORBOHNENKAMP DEPOSITION (3.0). | $600.00 | $ 600.00 | $ 600.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 1.1 | PREPARE FOR MCKITRICK DEPOSITION (1.1). | $220.00 | $220.00 | $ - | $ - | |||
| 2/12/2016 | 1.2 | REVIEW RESPONSE TO DEFENDANTS'OBJECTIONS TO SECOND MOTION TOCONSOLIDATE AND MOTION TO AMENDLUNGREN COMPLAINT (1.2). | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 0.4 | REVISE AND FILE RESPONSE TO FOX MOTIONTO DISMISS (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 2/12/2016 | 0.5 | STATUS UPDATE TO COMMITTEE (.5). | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 2.4 | ATTEND MCKITRICK DEPOSITION (2.4). | $480.00 | $480.00 | $ - | $ - | |||
| 2/12/2016 | 1.6 | DRAFT RESPONSE TO OBJECTION TO SECONDMOTION TO CONSOLIDATE (1.6). | $272.00 | $ 272.00 | $ 272.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 1.7 | DRAFT RESPONSE TO OBJECTION TOLUNGREN'S MOTION TO AMENDCOMPLAINT (1.7). | $289.00 | $ 289.00 | $ 289.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 1.3 | FINALIZE RESPONSE TO FOX'S MOTION TODISMISS (1.3). | $221.00 | $ 221.00 | $ 221.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 0.4 | CONFERENCE WITH ATTORNEY A. LITTLE (.4). | $68.00 | $ 68.00 | $ 68.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/12/2016 | 1.5 | REVIEW 2014 TVM BANK STATEMENTS, DEBIT | $75.00 | $75.00 | $ - | $ - | |||
| 2/12/2016 | 0.5 | CONFERENCE WITH A. LITTLE REGARDINGLITIGATION STRATEGY AND POTENTIAL ISSUES(.5). | $112.50 | $ 112.50 | $ 112.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/16/2016 | 0.3 | PREPARE AND SERVE CHRIS BOHNENKAMPDEPOSITION NOTICE (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/16/2016 | 6.9 | ATTEND JOE STEARNS DEPOSITION (6.9). | $1,380.00 | $ 1,380.00 | $ 1,380.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/17/2016 | 1.6 | PREPARE FOR HEARING ON LUNGRENMOTION TO AMEND COMPLAINT, SPINDLERMOTION TO CONSOLIDATE, FOX MOTION TOWITHDRAW, AND BOHNENKAMP MOTION TOVACATE TRIAL (1.6). | $320.00 | $ 320.00 | $ 320.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/17/2016 | 1.3 | ATTEND HEARING ON LUNGREN MOTION TOAMEND COMPLAINT, SPINDLER MOTION TOCONSOLIDATE, FOX MOTION TO WITHDRAW,AND BOHNENKAMP MOTION TO VACATETRIAL (1.3). | $260.00 | $ 260.00 | $ 260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 2/18/2016 | 0.3 | QUICK REVIEW OF EXPERT REPORT (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/18/2016 | 0.9 | UPDATE TO CLIENTS (.9). | $180.00 | $ 180.00 | $ 180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/19/2016 | 0.3 | ANSWER QUESTIONS OF CLIENTS (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/19/2016 | 3.9 | DRAFT FIRST KEYBANK DISCOVERY REQUESTON TVM, BWC, AND DHJ (3.9). | $780.00 | $ 780.00 | $ 780.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/19/2016 | 0.4 | CALL WITH IDAHO ATTORNEY GENERAL (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/19/2016 | 0.5 | REVIEW DEFENDANTS EXPERT REPORTS (.5). | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/22/2016 | 0.4 | EMAIL TO CLIENTS REGARDING DISCUSSIONWITH ATTORNEY GENERAL'S OFFICE (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/22/2016 | 0.7 | CONFERENCE WITH ATTORNEY A. LITTLEREGARDING BANKRUPTCY DISCHARGE ONFRAUD CLAIMS (.7). | $119.00 | $ 119.00 | $ 119.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/22/2016 | 3 | RESEARCH REGARDING BANKRUPTCYDISCHARGE ON FRAUD CLAIMS (3.0). | $510.00 | $ 510.00 | $ 510.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/22/2016 | 0.9 | DRAFT MEMORANDUM TO FILE BANKRUPTCYDISCHARGE ON FRAUD CLAIMS (.9). | $153.00 | $ 153.00 | $ 153.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 2/24/2016 | 0.2 | EMAIL TO COMMITTEE ON AG'S OFFICE ANDMOTION FOR SUMMARY JUDGMENT (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/25/2016 | 2.5 | REVIEW DEFENDANTS' RESPONSE TOMOTIONS FOR SUMMARY JUDGMENT (2.5). | $500.00 | $ 500.00 | $ 500.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/26/2016 | 8.3 | DRAFT REPLY BRIEF IN SUPPORT OFFRAUDULENT TRANSFER CLAIM (8.3). | $1,660.00 | $ 1,660.00 | $ 1,660.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/26/2016 | 1.7 | BEGIN DRAFTING REPLY IN SUPPORT OFMCKITRICK'S PARTIAL MOTION FORSUMMARY JUDGMENT REGARDING BREACHOF CONTRACT (1.7). | $289.00 | $ 289.00 | $ 289.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/27/2016 | 1.4 | RESEARCH REGARDING DUTY TO MITIGATEDAMAGES (1.4). | $238.00 | $ 238.00 | $ 238.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/27/2016 | 1.7 | BEGIN DRAFTING REPLY IN SUPPORT OF | $289.00 | $289.00 | $ - | $ - | |||
| 2/27/2016 | 0.9 | CONTINUE DRAFTING REPLY IN SUPPORT OF | $153.00 | $153.00 | $ - | $ - | |||
| 2/27/2016 | 1.3 | RESEARCH REGARDING CONTRACT DAMAGES | $221.00 | $221.00 | $ - | $ - | |||
| 2/28/2016 | 1.2 | FINALIZE DRAFT OF REPLY IN SUPPORT OF | $204.00 | $204.00 | $ - | $ - | |||
| 2/28/2016 | 2.1 | FINALIZE FIRST DRAFT OF REPLY IN SUPPORT | $357.00 | $357.00 | $ - | $ - | |||
| 2/29/2016 | 6.1 | DRAFT RESPONSE ON FRAUDULENT TRANSFERSUMMARY JUDGMENT (6.1). | $1,220.00 | $ 1,220.00 | $ 1,220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 2/29/2016 | 3 | CALL WITH LUNGRENS AND REVIEW AND | $600.00 | $600.00 | $ - | $ - | |||
| 2/29/2016 | 1.4 | REVISIONS TO LUNGRENS REPLY BRIEF IN | $238.00 | $238.00 | $ - | $ - | |||
| 3/1/2016 | 4.2 | DRAFT RESPONSE BRIEF ON FRAUDULENTTRANSFER CLAIMS (4.2). | $840.00 | $ 840.00 | $ 840.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/1/2016 | 1.6 | REVISE MCKITRICK RESPONSE BRIEF ON | $320.00 | $320.00 | $ - | $ - | |||
| 3/1/2016 | 0.5 | REVISE LUNGREN DECLARATION ON MOTION | $100.00 | $100.00 | $ - | $ - | |||
| 3/1/2016 | 2.1 | REVISE REPLY MEMORANDUM IN SUPPORT OF | $357.00 | $357.00 | $ - | $ - | |||
| 3/1/2016 | 0.5 | BEGIN DRAFT REPLY CERTIFICATION OF GRANT | $85.00 | $85.00 | $ - | $ - | |||
| 3/1/2016 | 1.7 | BEGIN DRAFT MOTION TO STRIKE (1.7). | $289.00 | $ 289.00 | $ 289.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/2/2016 | 2.8 | REVISE LUNGREN SUPPLEMENTAL | $560.00 | $560.00 | $ - | $ - | |||
| 3/2/2016 | 4.1 | REVISE AND FILE BRIEF ON FRAUDULENTTRANSFER CLAIMS (4.1). | $820.00 | $ 820.00 | $ 820.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/2/2016 | 1.9 | REVISE MCKITRICK REPLY BRIEF (1.9). | $380.00 | $380.00 | $ - | $ - |
| 3/2/2016 | 1.6 | REVISIONS TO REPLY IN SUPPORT OF | $272.00 | $272.00 | $ - | $ - | |||
| 3/2/2016 | 1.2 | DRAFT MOTION TO STRIKE (1.2). | $204.00 | $ 204.00 | $ 204.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/2/2016 | 1.7 | REVIEW AND REVISE REPLY MEMORANDUMSIN SUPPORT OF MOTION FOR SUMMARYJUDGMENT ON FRAUDULENT TRANSFERCLAIMS (1.7). | $382.50 | $ 382.50 | $ 382.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/3/2016 | 0.2 | REVIEW MOTION FOR PROTECTIVE ORDER (.2). | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/7/2016 | 1.3 | DRAFT RESPONSE AND AFFIDAVIT OPPOSINGDEFENDANT'S MOTION FOR PROTECTIVEORDER (1.3). | $260.00 | $ 260.00 | $ 260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/7/2016 | 1.1 | PREPARE MOTION FOR SUMMARY JUDGMENTORAL ARGUMENT (1.1). | $220.00 | $ 220.00 | $ 220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/8/2016 | 0.3 | CALL WITH NEW COUNSEL FOR MIKE FOX (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/8/2016 | 2.6 | REVISE RESPONSE AND AFFIDAVIT OPPOSINGDEFENDANTS' MOTION FOR PROTECTIVEORDER (2.6). | $520.00 | $ 520.00 | $ 520.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/8/2016 | 0.4 | CONFERENCE WITH A. LITTLE REGARDINGSTATUS STRATEGY FOR CONSOLIDATION ANDDEPOSITIONS (.4). | $90.00 | $ 90.00 | $ 90.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/9/2016 | 0.7 | FINALIZE AFFIDAVIT AND MOTION OPPOSINGPROTECTIVE ORDER (.7). | $140.00 | $ 140.00 | $ 140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/9/2016 | 2.8 | PREPARE FOR HEARING ON MOTIONS FORSUMMARY JUDGMENT (2.8). | $560.00 | $ 560.00 | $ 560.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 3/9/2016 | 1.8 | ATTEND HEARING ON MOTIONS FORSUMMARY JUDGMENT (1.8). | $360.00 | $ 360.00 | $ 360.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/10/2016 | 1.4 | RESEARCH ORDER TRANSFERRINGOWNERSHIP IN DHJ FROMBOHNENKAMP TO FOX (1.4). | $280.00 | $ 280.00 | $ 280.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/10/2016 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE (.2). | $46.00 | $ 46.00 | $ 46.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/11/2016 | 0.3 | CALL WITH OPPOSING COUNSEL REGARDINGCHANGE IN OWNERSHIP OF DHJ (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/11/2016 | 2.8 | REVIEW NEW YORK CASE FILINGS REGARDINGFRAUDULENT TRANSFER INFORMATION (2.8). | $476.00 | $ 476.00 | $ 476.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/13/2016 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE (.2). | $46.00 | $ 46.00 | $ 46.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/14/2016 | 0.4 | ATTEND DEPOSITION PLACING CHRIS'SFAILURE TO ATTEND DEPOSITION ON THERECORD (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/14/2016 | 1.7 | CONTINUE REVIEW OF DOCUMENTS FILED INNEW YORK CASE (1.7). | $289.00 | $ 289.00 | $ 289.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/15/2016 | 6 | FINALIZE REVIEW OF DOCUMENTS FILED IN NYCASE (6.0). | $1,020.00 | $ 1,020.00 | $ 1,020.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/16/2016 | 1.6 | ATTEND JOINT HEARING ON MOTION FORPROTECTIVE ORDER AND SCHEDULINGCONFERENCE (1.6). | $320.00 | $ 320.00 | $ 320.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 3/16/2016 | 0.3 | CONFERENCE WITH OPPOSING COUNSEL (.3). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/16/2016 | 1.5 | DRAFT MEMORANDUM REGARDINGPLEADINGS IN NY CASE (1.5). | $255.00 | $ 255.00 | $ 255.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/17/2016 | 2.5 | REVIEW FOX'S RESPONSE TO MOTION FORSUMMARY JUDGMENT (2.5). | $500.00 | $ 500.00 | $ 500.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/18/2016 | 1.2 | INITIAL OUTLINE OF REPLY TO FOXOPPOSITION TO SUMMARY JUDGMENT (1.2). | $240.00 | $ 240.00 | $ 240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/21/2016 | 1.8 | DRAFT REPLY TO FOX'S OPPOSITION TOMOTION FOR SUMMARY JUDGMENT (1.8). | $360.00 | $ 360.00 | $ 360.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/21/2016 | 1.2 | RESEARCH AND ANALYSIS REGARDINGSELF-SERVING AFFIDAVITS (1.2). | $204.00 | $ 204.00 | $ 204.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/22/2016 | 6.8 | DRAFT REPLY TO FOX'S OPPOSITION TOMOTION FOR SUMMARY JUDGMENT (6.8). | $1,360.00 | $ 1,360.00 | $ 1,360.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/23/2016 | 4.3 | FINALIZE REPLY BRIEF TO FOX'S OPPOSITIONTO SUMMARY JUDGMENT (4.3). | $860.00 | $ 860.00 | $ 860.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/23/2016 | 0.2 | REVIEW A. LITTLE'S REPLY BRIEF EXHIBIT (.2). | $45.00 | $ 45.00 | $ 45.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 3/24/2016 | 0.8 | REVIEW OF DAVID MCKITRICK DEPOSITION | $160.00 | $160.00 | $ - | $ - | |||
| 3/25/2016 | 0.4 | REVIEW DEPOSITION TRANSCRIPT OF ANNE | $80.00 | $80.00 | $ - | $ - | |||
| 3/25/2016 | 1.4 | REVIEW DEPOSITION TRANSCRIPT OF GRANT | $280.00 | $280.00 | $ - | $ - | |||
| 3/25/2016 | 1.2 | REVIEW DEPOSITION TRANSCRIPT OF LELAND | $240.00 | $240.00 | $ - | $ - | |||
| 4/1/2016 | 0.2 | CONFERENCE WITH ATTORNEY A. LITTLE (.2). | $46.00 | $ 46.00 | $ 46.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 4/5/2016 | 0.1 | CONFERENCE WITH ATTORNEY A. LITTLE (.1). | $23.00 | $ 23.00 | $ 23.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/20/2016 | 0.4 | PREPARE STATUS UPDATE TO COMMITTEE (.4). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 4/22/2016 | 0.3 | REVIEW AND ANALYZE ANSWER TOCOMPLAINT FROM ALL DEFENDANTS EXCEPTFOX (.3). | $67.50 | $ 67.50 | $ 67.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/2/2016 | 0.6 | CONFERENCE WITH A. LITTLE REGARDINGSTRATEGY FOR STIPULATED JUDGMENT ONCONTRACT CLAIMS, CONSOLIDATION, ANDDISCOVERY. | $135.00 | $ 135.00 | $ 135.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/12/2016 | 3.6 | STATUS UPDATE TO COMMITTEE. | $720.00 | $ 720.00 | $ 720.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/12/2016 | 0.4 | REVIEW CORRESPONDENCE FROM A. LITTLETO COMMITTEE. | $90.00 | $ 90.00 | $ 90.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/12/2016 | 0.6 | CONFERENCE WITH A. LITTLE REGARDINGLITIGATION AND DISCOVERY STRATEGY. | $135.00 | $ 135.00 | $ 135.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/17/2016 | 0.2 | INITIAL REVIEW OF FOX DISCOVERY REQUESTSON MCKITRICK, LUNGRENS, AND SPINDLER. | $40.00 | $ 40.00 | $ 40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/18/2016 | 7 | DRAFT DEPOSITION OUTLINE OF CHRIS | $1,400.00 | $ 1,400.00 | $ 1,400.00 | Allowed (Criminal Prosecution) | |||
| 5/19/2016 | 0.5 | COMMITTEE MEETING (0.50). | $100.00 | $ 100.00 | $ 100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/19/2016 | 1.1 | PREPARE FOR CHRIS'S DEPOSITION (1.10). | $220.00 | $ 220.00 | $ 220.00 | Allowed (Criminal Prosecution) | |||
| 5/19/2016 | 0.2 | CONFERENCE WITH ADAM. | $46.00 | $ 46.00 | $ 46.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/20/2016 | 2.8 | PREPARE FOR BOHNENKAMP DEPOSITION. | $560.00 | $ 560.00 | $ 560.00 | Allowed (Criminal Prosecution) | |||
| 5/22/2016 | 7.8 | PREPARE FOR BOHNENKAMP DEPOSITION. | $1,560.00 | $ 1,560.00 | $ 1,560.00 | Allowed (Criminal Prosecution) | |||
| 5/23/2016 | 8.1 | DEPOSITION OF CHRIS BOHNENKAMP. | $1,620.00 | $ 1,620.00 | $ 1,620.00 | Allowed (Criminal Prosecution) | |||
| 5/24/2016 | 7.5 | CHRIS BOHNENKAMP DEPOSITION. | $1,500.00 | $ 1,500.00 | $ 1,500.00 | Allowed (Criminal Prosecution) |
| 5/25/2016 | 0.4 | REVIEW PRICE V. FOX LITIGATION IN NEWYORK. | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/26/2016 | 0.3 | REVIEW ORDER ON SUMMARY JUDGMENT(0.30). | $60.00 | $ 60.00 | $ 60.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/26/2016 | 0.4 | PREPARE DISCOVERY RESPONSE TO FOX'SFIRST SET OF DISCOVERY ON MCKITRICK(0.40). | $80.00 | $ 80.00 | $ 80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/27/2016 | 0.6 | REVIEW DECISION REGARDING SUMMARYJUDGMENT (.6). | $102.00 | $ 102.00 | $ 102.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/27/2016 | 0.5 | REVIEW DISCOVERY REQUESTS FROM FOX (.5). | $85.00 | $ 85.00 | $ 85.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/27/2016 | 3.9 | BEGIN DRAFTING MCKITRICK DISCOVERYRESPONSES (3.9). | $663.00 | $ 663.00 | $ 663.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/29/2016 | 1.2 | RESEARCH INVOLUNTARY BANKRUPTCY. | $240.00 | $240.00 | Allowed (Filing Petition) | ||||
| 5/31/2016 | 2.2 | STATUS UPDATE WITH CLIENTS. | $440.00 | $ 440.00 | $ 440.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/31/2016 | 1.1 | FINISH DRAFT OF MCKITRICK'S RESPONSES TOFOX'S DISCOVERY REQUESTS (1.1). | $187.00 | $ 187.00 | $ 187.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 5/31/2016 | 2.2 | DRAFT SPINDLER'S RESPONSES TO FOX'SDISCOVERY REQUESTS (2.2). | $374.00 | $ 374.00 | $ 374.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/1/2016 | 2.7 | FINISH FIRST DRAFT OF SPINDLER'SRESPONSES TO FOX'S DISCOVERY REQUESTS(1.3); BEGIN LUNGREN'S RESPONSES TO FOX'SDISCOVERY REQUESTS (1.4). | $459.00 | $ 459.00 | $ 459.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) |
| 6/1/2016 | 0.4 | REVIEW AND ANALYZE COURT'S SUMMARYJUDGMENT DECISION REGARDING VOIDABLETRANSFERS (.4). | $90.00 | $ 90.00 | $ 90.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/1/2016 | 0.2 | CONFERENCE WITH A. LITTLE REGARDINGSTRATEGY FOR KEYBANK CASE IN LIGHT OFCOURT'S DECISION REGARDING VOIDABLETRANSFERS (.2). | $45.00 | $ 45.00 | $ 45.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/10/2016 | 2.2 | REVISE DISCOVERY RESPONSE TO DEFENDANTMIKE FOX. | $440.00 | $ 440.00 | $ 440.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/10/2016 | 6.1 | FINALIZE MCKITRICK'S RESPONSES TO FOX'SDISCOVERY REQUESTS (3.1); FINALIZELUNGREN'S RESPONSES TO FOX'S DISCOVERYREQUESTS (1.5); FINALIZE SPINDLER'SRESPONSES TO FOX'S DISCOVERY REQUESTS(1.5). | $1,037.00 | $ 1,037.00 | $ 1,037.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/11/2016 | 1.7 | FINALIZE RESPONSES TO FOX'S FIRST SET OFINTERROGATORIES AND REQUEST FORPRODUCTION OF DOCUMENTS. | $340.00 | $ 340.00 | $ 340.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/14/2016 | 4.1 | REVIEW LUNGREN QUESTIONS REGARDINGDISCOVERY RESPONSES TO FOX AND ANSWERCLIENT QUESTIONS(3.5); REVIEW FILINGS ANDDRAFT PARTIAL JUDGMENT REGARDINGMCKITRICK (.6). | $697.00 | 120 | $ 577.00 | $ 577.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | ||
| 6/15/2016 | 1.7 | CALL WITH COMMITTEE REGARDINGPURSUING INVOLUNTARYBANKRUPTCY (1.20); PREPARE LUNGRENDISCOVERY TO FOX (0.50). | $340.00 | $340.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4)) | ||||
| 6/16/2016 | 1.1 | REVIEW AND REVISE POTENTIAL WITNESS LISTREGARDING DEFENDANT FOX'S DISCOVERYREQUESTS. | $187.00 | $ 187.00 | $ 187.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/17/2016 | 0.2 | FINAL REVIEW AND SIGNING OF DISCOVERYRESPONSES. | $34.00 | $ 34.00 | $ 34.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/20/2016 | 0.9 | CALL WITH FBI AGENT DREW MCCANDLESS. | $180.00 | $180.00 | $180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 6/24/2016 | 1.7 | CONFERENCE WITH JED MANWARING ONGENERAL BANKRUPTCY PROCEDURE. | $340.00 | $340.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); General bankruptcy procedureis not necessarily related to filing an involuntarypetition) | ||||
| 6/25/2016 | 0.8 | EMAIL TO COMMITTEE ON INVOLUNTARY | $160.00 | $160.00 | Allowed (Filing Petition) | ||||
| 7/13/2016 | 0.7 | PREPARE INVOLUNTARY PETITION. | $140.00 | $140.00 | Allowed (Filing Petition) | ||||
| 7/13/2016 | 1 | REVIEW INVOLUNTARY BANKRUPTCY | $225.00 | $225.00 | Allowed (Filing Petition) |
| 7/14/2016 | 1.7 | RESEARCH INVOLUNTARY PROCESS (0.90); | $340.00 | $340.00 | Allowed (Filing Petition) | ||||
| 7/19/2016 | 1.6 | FINALIZE AND FILE INVOLUNTARY PETITION. | $320.00 | $320.00 | Allowed (Filing Petition) | ||||
| 7/20/2016 | 1.8 | CALL REGARDING KEYBANK SCHEDULINGORDER WITH OPPOSING COUNSEL (0.30);SERVE INVOLUNTARY BANKRUPTCY PETITION(0.80); CALL WITH COUNSEL FOR ANOTHERCUSTOMER IN LITIGATION WITH | $360.00 | $200.00 | 160 | .80 hours allowed (Filing Petition) (.30 hoursdisallowed because it is unrelated to filing thepetition, .70 hours disallowed because it isunrelated to filing the petition) | |||
| 7/21/2016 | 1.1 | BANKRUPTCY RESEARCH AND EMAIL TOOPPOSING COUNSEL (0.40); STATUSCONFERENCE IN KEYBANK LAWSUIT (0.70). | $220.00 | $80.00 | .40 hours allowed (.70 hours disallowed because itis unrelated to filing the petition) | ||||
| 7/25/2016 | 0.9 | CALL WITH DOUG MUSHLITZ (ATTORNEY FORBARRY BARNS) REGARDING INVOLUNTARYASSISTANCE. | $180.00 | $180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4)) | ||||
| 8/1/2016 | 0.7 | EMAILS AND CALL WITH FBI AGENT DREWMCCANDLESS. | $140.00 | $140.00 | $140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/1/2016 | 0.6 | CALL AND EMAIL TO MARK ELLINGSEN, | $120.00 | $120.00 | |||||
| 8/1/2016 | 0.5 | RECEIPT AND REVIEW SCHEDULING ORDERAND FOX'S MOTION TO DISQUALIFY JUDGEWILPER; CONFERENCE WITH A. LITTLEREGARDING BANKRUPTCY STRATEGY. | $112.50 | $112.50 | $112.50 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/8/2016 | 0.4 | REVIEW TVM'S REPLY TO MOTION TO DISMISSINVOLUNTARY PETITION. | $80.00 | $80.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/8/2016 | 1 | REVIEW AND ANALYZE TVM'S MOTION TODISMISS BANKRUPTCY (1.0). | $225.00 | $225.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/12/2016 | 1.6 | RESEARCH MOTION IN RESPONSE TO DISMISSINVOLUNTARY PETITION. | $320.00 | $320.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/15/2016 | 5.1 | DRAFT RESPONSE TO DEBTOR'S MOTION TODISMISS INVOLUNTARY | $1,020.00 | $1,020.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/16/2016 | 3.3 | DRAFT RESPONSE TO DEBTOR'S MOTION TODISMISS INVOLUNTARY | $660.00 | $660.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/17/2016 | 5.8 | DRAFT PETITIONING CREDITOR'S RESPONSETO MOTION TO DISMISS | $1,160.00 | $1,160.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/18/2016 | 2.8 | FINALIZE RESPONSE TO DEBTOR'S MOTION TODISMISS INVOLUNTARY | $560.00 | $560.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/22/2016 | 1 | REVIEW AND RESEARCH TVM REPLY IN ITSMOTION TO DISMISS | $200.00 | $200.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/22/2016 | 0.5 | REVIEW AND ANALYZE TVM'S REPLY BRIEF INOPPOSITION TO | $112.50 | $112.50 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/23/2016 | 0.6 | RECEIPT AND REVIEW OBJECTION TO MOTIONTO DISMISS FILED BY D. MUSHLITZ (.6). | $135.00 | $135.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/24/2016 | 7.3 | RESEARCH BANKRUPTCY LAW ANDPROCEDURE (1.40); PREPARE FOR HEARING TODISMISS INVOLUNTARY PETITION (4.30);ATTEND HEARING (1.60). | $1,460.00 | $1,180.00 | 5.9 allowed (1.4 hours disallowed for researchingbankruptcy law and procedure, Creditors failed tomeet their burden proving the services are relatedto filing the involuntary petition) | ||||
| 8/24/2016 | 0.3 | PREPARE FOR HEARING ON TVM'S MOTION TODISMISS BANKRUPTCY | $67.50 | $67.50 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/24/2016 | 1 | ATTEND HEARING ON TVM'S MOTION TODISMISS BANKRUPTCY PETITION | $225.00 | $225.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/24/2016 | 1 | RESEARCH BANKRUPTCY CODE AND CASELAW | $225.00 | $225.00 | |||||
| 8/24/2016 | 0.6 | RESEARCH SECONDARY AUTHORITYREGARDING PROOF OF ELEMENTS REQUIRED | $135.00 | $135.00 | Allowed (Filing/Adjudicating Petition) | ||||
| 8/25/2016 | 0.5 | RESEARCH ELEMENT AND PROOF ISSUES FORINVOLUNTARY PETITION TRIAL. | $112.50 | $112.50 | Disallowed (Unnecessary or Unrelated/Bankruptcypetition was filed 7/19/2016, hearing on dismissalheld 8/24/2016, and attorney is researchingelements and proof issues on 8/25/2016) | ||||
| 8/26/2016 | 3.2 | RESEARCH CASELAW REGARDING SCOPE OFBANKRUPTCY AUTOMATIC STAY ANDELEMENTS OF PRIMA FACIE CASE FORINVOLUNTARY PETITION. | $720.00 | $720.00 | Disallowed (Unnecessary orUnrelated/Lumping/Bankruptcy petition was filed7/19/2016 and attorney is researching prima faciecase for involuntary petition on 8/26/2016) | ||||
| 8/30/2016 | 0.8 | RESEARCH EFFECT OF AUTOMATIC STAY UPON | $160.00 | $160.00 |
| 9/2/2016 | 0.4 | CALL WITH COUNSEL FOR MIKE FOX. | $80.00 | $80.00 | $80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/9/2016 | 0.2 | UPDATE TO COMMITTEE REGARDINGBANKRUPTCY STATUS. | $40.00 | $40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden proving the services are related to filingthe involuntary petition) | ||||
| 9/13/2016 | 0.4 | $80.00 | $80.00 | ||||||
| 9/14/2016 | 0.2 | REVIEW NOTICE OF MEETING OF CREDITORS. | $45.00 | $45.00 | |||||
| 9/15/2016 | 5 | CONFERENCE WITH BANKRUPTCY TRUSTEEREGARDING FRAUDULENT | $1,000.00 | $1,000.00 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 9/19/2016 | 0.3 | CALL WITH COUNSEL FOR MIKE FOX. | $60.00 | $60.00 | |||||
| 9/19/2016 | 0.2 | UPDATE ON BANKRUPTCY TO CLIENTS. | $40.00 | $40.00 | |||||
| 9/19/2016 | 0.2 | REVIEW AND EXECUTE MOTION TO VACATE | $40.00 | $40.00 | |||||
| 9/21/2016 | 0.2 | REVIEW AND EXECUTE MOTIONS TO VACATE | $40.00 | $40.00 | |||||
| 9/26/2016 | 0.3 | REVIEW STIPULATION FOR CONTINUANCE. | $60.00 | $60.00 | |||||
| 9/26/2016 | 0.4 | CALL WITH DOUG MUSHLITZ (COUNSEL FOR | $80.00 | $80.00 | |||||
| 9/28/2016 | 0.1 | FOLLOW-UP WITH BANKRUPTCY TRUSTEE. | $20.00 | $20.00 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 10/11/2016 | 0.8 | CALL WITH BANKRUPTCY TRUSTEE ON PLANAND PROGRESS. | $160.00 | $160.00 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 10/12/2016 | 0.4 | REVIEW MOTION FOR RELEIF FROM | $90.00 | $90.00 | |||||
| 10/17/2016 | 1.5 | RESEARCH AND ANALYSIS OF | $337.50 | $337.50 | |||||
| 10/24/2016 | 0.5 | ATTEND BOHNENKAMP ARRAIGNMENT. | $100.00 | $100.00 | $100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 10/25/2016 | 3.4 | REVIEW TVM BANKRUPTCY FILINGS (0.40); | $680.00 | $680.00 | |||||
| 10/27/2016 | 0.5 | ANALYZE POSSIBLE PRE-JUDGMENT REMEDIES | $112.50 | $112.50 | |||||
| 10/29/2016 | 0.4 | PROVIDE DOCUMENTS TO TRUSTEE. | $80.00 | $80.00 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 10/31/2016 | 1.3 | RESEARCH AND ANALYZE POSSIBLE | $292.50 | $292.50 | |||||
| 11/1/2016 | 1.3 | CALL WITH BANKRUPTCY TRUSTEE ONINFORMATION AVAILABLE IN CASE AND BEAUVALUE BOAT. | $260.00 | $260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 11/15/2016 | 0.8 | CALL WITH BANKRUPTCY TRUSTEE ANDMESSAGE TO JED MANWARING. | $160.00 | $160.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 11/17/2016 | 0.5 | CALL WITH AND SEND INFORMATION TO JEDMANWARING (POTENTIAL | $100.00 | $100.00 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 11/28/2016 | 0.2 | ANALYZE TVM'S AMENDED SCHEDULES AND | $45.00 | $45.00 | |||||
| 11/30/2016 | 2.1 | CALL WITH BANKRUPTCY TRUSTEE (0.40);ATTEND CREDITOR EXAM OF DEBTOR (1.70). | $420.00 | $420.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 12/2/2016 | 0.2 | FILE NON-OPPOSITION TO WITHDRAWAL OF | $40.00 | $40.00 | |||||
| 12/6/2016 | 1.1 | STATUS CONFERENCE WITH COMMITTEE | $220.00 | $220.00 | |||||
| 12/7/2016 | 1.1 | CALL WITH BANKRUPTCY TRUSTEE ONINFORMATION AVAILABLE REGARDING FOXPERSONAL BOAT. | $220.00 | $220.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 12/13/2016 | 0.5 | COPY AND PRODUCE BOHNENKAMP DVD OF | $100.00 | $100.00 | $100.00 | Allowed (Criminal Prosecution) | |||
| 12/15/2016 | 0.4 | STATUS UPDATE TO HOWARD. | |||||||
| 12/15/2016 | 0.8 | PREPARE PRODUCTION FOR FBI AGENT, DREW | $160.00 | $160.00 | $160.00 | Allowed (Criminal Prosecution) | |||
| 12/28/2016 | 1.1 | CALL AND PROVIDE DOCUMENTS TO JULIE | $220.00 | $220.00 | |||||
| 2/1/2017 | 0.3 | REVIEW AND ANALYZE 1387513 ALBERTA | $67.50 | $67.50 |
| 2/16/2017 | 1.9 | CONFERENCE WITH JED MANWARING(ATTORNEY FOR TRUSTEE) (1.20); PULL | $380.00 | $380.00 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 2/21/2017 | 2 | PREPARE DOCUMENTS FOR PRODUCTION TOJED MANWARING. | $400.00 | $400.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 3/28/2017 | 1.4 | PULL AND PRODUCE ITEMS AT REQUEST OF | $280.00 | $280.00 | $280.00 | Allowed (Criminal Prosecution) | |||
| 4/4/2017 | 0.4 | PROVIDE DOCUMENTS TO FBI AGENT, DREW | $80.00 | $80.00 | $80.00 | Allowed (Criminal Prosecution) | |||
| 4/6/2017 | 1.1 | CALL WITH DAVE AND INVESTIGATING FBI | $220.00 | $220.00 | $220.00 | Allowed (Criminal Prosecution) | |||
| 4/12/2017 | 1.8 | CALL WITH PROSECUTING ATTORNEY AND | $360.00 | $360.00 | $360.00 | Allowed (Criminal Prosecution) | |||
| 4/14/2017 | 2.1 | PREPARE PROOF OF CLAIMS. | $420.00 | $420.00 | |||||
| 4/26/2017 | 2.2 | ATTEND BOHNENKAMP CHANGE OF PLEAHEARING AND SUMMARY TO CLIENTS. | $440.00 | $440.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case ) | ||||
| 4/27/2017 | 0.9 | CALL WITH COUNSEL FOR BANKRUPTCYTRUSTEE. | $180.00 | $180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 5/4/2017 | 1.3 | PREPARE PROOF OF CLAIMS. | $260.00 | $260.00 | |||||
| 5/10/2017 | 1.6 | PREPARE PROOF OF CLAIMS. | $320.00 | $320.00 | |||||
| 5/11/2017 | 1.9 | PREPARE PROOF OF CLAIMS. | $380.00 | $380.00 | |||||
| 5/12/2017 | 1.6 | FINALIZE PROOF OF CLAIMS. | $320.00 | $320.00 | |||||
| 5/12/2017 | 1 | PREPARE PROOF OF CLAIM; TELEPHONE CALL | $225.00 | $225.00 | |||||
| 5/22/2017 | 0.2 | CALL WITH GRANT AND ANNE LUNGREN ON | $40.00 | $40.00 | |||||
| 5/23/2017 | 1.2 | FOLLOW UP WITH CLIENTS ON PROOF OFCLAIM FILINGS FOR BANKRUPTCYPROCEEDING (0.90); CALL WITH DREWMCCANDLESS, FBI (0.30). | $240.00 | $240.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case ) | ||||
| 5/26/2017 | 0.4 | FILE PROOF OF CLAIMS AND FORWARD TOINVESTIGATING FBI AGENT. | $80.00 | $80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case ) | ||||
| 6/8/2017 | 0.6 | REVIEW PROOFS OF CLAIM FILED BY K. TUTTLE | $135.00 | $135.00 | |||||
| 6/12/2017 | 0.5 | REVIEW AND COMMENT ON DRAFTCOMPLAINT IN TVM BANKRUPCTY (.5). | $112.50 | $112.50 | Allowed (Substantial Contribution) (Trusteeconceded this amount) | ||||
| 6/13/2017 | 0.4 | REVIEW TRUSTEE'S COMPLAINT AGAINSTBOHNENKAMP AFFILIATES. | $80.00 | $80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 6/14/2017 | 0.4 | CALL WITH ATTORNEY FOR TRUSTEEREGARDING COMPLAINT FOR ADVERSARYPROCEEDING AGAINST NJA AND FOX. | $80.00 | $80.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided substantiallycontributed to case) | ||||
| 7/25/2017 | 0.3 | CORRESPONDENCE AND CALL TO U.S. | $67.50 | $67.50 | $67.50 | Allowed (Criminal Prosecution) | |||
| 8/3/2017 | 0.8 | REVIEW PROSECUTOR'S ORDER FOR | $160.00 | $160.00 | $160.00 | Allowed (Criminal Prosecution) | |||
| 8/8/2017 | 4.1 | ATTEND CHRIS BOHNENKAMP SENTENCINGHEARING (3.20); PREPARE SUMMARY OFSENTENCING AND COLLECTIONS OPTIONS TOCLIENTS (0.90). | $820.00 | $820.00 | $820.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 8/16/2017 | 0.5 | CALL WITH D. MCKITRICK ON FBI RESTITUTIONPROPOSAL AND OVERSIGHT OF THE RECEIVERPROCESS. | $100.00 | $100.00 | $100.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 9/11/2017 | 0.2 | REVIEW ORDER DISMISSING CASE FOR | $40.00 | $40.00 | |||||
| 9/11/2017 | 1.1 | REGARDING: KEYBANK V. BOHNENKAMP | $247.50 | $247.50 |
| 10/24/2017 | 1.6 | REVIEW BOHNENKAMP CRIMINAL DOCKET;EMAIL DOCUMENTS TO PROSECUTORS FORRESTITUTION HEARING. | $320.00 | $320.00 | $320.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided arereasonable pursuant to section 503(b)(4)) | |||
| 10/25/2017 | 4.9 | ATTEND CHRIS BOHNENKAMP RESTITUTIONHEARING (3.90); SUMMARY OF PROCEEDINGSTO CLIENTS (1.00). | $980.00 | $980.00 | $980.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/2/2017 | 1.3 | REVIEW AND SUMMARIZE COURT'S ORDER ONCRIMINAL FORFEITURE. | $260.00 | $260.00 | $260.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/6/2017 | 0.9 | REVIEW AND SEND SUMMARY OFRESTITUTION ORDER TO CLIENTS. | $180.00 | $180.00 | $180.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant tosection 503(b)(4); Creditors failed to meet theirburden that services provided related to thecriminal case or substantially contributed to case) | |||
| 11/9/2017 | 1.4 | CONFERENCE WITH FEDERAL PROSECUTOR | $280.00 | $280.00 | $280.00 | Allowed (Criminal Prosecution) | |||
| 11/10/2017 | 1.6 | EMAIL TO COMMITTEE ON UPDATED STATUS | $320.00 | $320.00 | $ 320.00 | Allowed (Criminal Prosecution) | |||
| 11/13/2017 | 1.5 | CONFERENCE WITH N. MCFEELEY AND R. | $300.00 | $300.00 | $ 300.00 | Allowed (Criminal Prosecution) | |||
| 11/14/2017 | 1.5 | CALL WITH LELAND (.20); CALL WITH | $300.00 | $300.00 | $ 300.00 | Allowed (Criminal Prosecution) | |||
| 11/16/2017 | 0.2 | UPDATE OF CRIMINAL/BANKRUPTCY | $40.00 | $40.00 | |||||
| 12/4/2017 | 0.2 | CALL WITH LELAND ON STATUS (.10); CALL TO | $40.00 | $40.00 | |||||
| 12/14/2017 | 0.2 | INITIAL REVIEW OF TERMS OF SETTLEMENT | $40.00 | $40.00 | |||||
| 12/20/2017 | 0.4 | STATUS UPDATE TO COMMITTEE ON | $80.00 | $80.00 | |||||
| 1/9/2018 | 0.3 | FOLLOW UP ON GRANT'S EMAIL WITH | $60.00 | $60.00 | |||||
| 2/14/2018 | 1.5 | ATTEND TVM BANKRUPTCY STATUS | $337.50 | $337.50 | |||||
| 2/15/2018 | 1.5 | REVIEW NJA AND DHJ FINANCIALS (0.30); CALL | $300.00 | $300.00 | |||||
| 2/15/2018 | 1 | CONFERENCE CALL WITH BANKRUPTCY | $225.00 | $225.00 | |||||
| 3/19/2018 | 0.4 | FOLLOW UP WITH TRUSTEE ATTORNEY ON | $80.00 | $80.00 | |||||
| 4/27/2018 | 0.6 | REVIEW OF PROPOSED SETTLEMENT | $120.00 | $120.00 | |||||
| 5/9/2018 | 1.1 | CALL WITH TRUSTEE ATTORNEY (0.40); CALL | $220.00 | $220.00 | |||||
| 5/11/2018 | 0.3 | MESSAGES TO CLIENTS HOWARD AND LELAND | $60.00 | $60.00 | |||||
| 5/16/2018 | 0.1 | MESSAGE TO HOWARD COBURN. | $20.00 | $20.00 | |||||
| 5/17/2018 | 0.7 | CALL WITH HOWARD (0.30); MESSAGE TO | $140.00 | $140.00 | |||||
| 5/18/2018 | 0.6 | CALL WITH BANKRUPTCY TRUSTEE ATTORNEY | $120.00 | $120.00 | |||||
| 6/21/2018 | 0.1 | MESSAGE TO J. MANWARING CHECKING ON | $20.00 | $20.00 | |||||
| 6/25/2018 | 1 | CALL WITH RAY PATRICCO (US ATTORNEY) | $200.00 | $200.00 | |||||
| 6/26/2018 | 1.1 | PREPARE SUMMARY UPDATE AND OUTLINE OF | $220.00 | $220.00 | |||||
| 6/27/2018 | 0.2 | CALL WITH ATTORNEY FOR TRUSTEE. | $40.00 | $40.00 | |||||
| 6/28/2018 | 1 | CALL WITH COMMITTEE ON SETTLEMENT | $200.00 | $200.00 | |||||
| 7/5/2018 | 0.2 | REVIEW PROPOSED SETTLEMENT AGREEMENT | $40.00 | $40.00 | |||||
| 7/9/2018 | 0.3 | CALL WITH TRUSTEE'S ATTORNEY ON OUR | $60.00 | $60.00 | |||||
| 7/24/2018 | 0.2 | REVIEW BANKRUPTCY DOCKET (0.10); UPDATE | $40.00 | $40.00 | |||||
| 8/14/2018 | 0.1 | FOLLOW UP WITH TRUSTEE'S ATTORNEY. | $0.00 | ||||||
| 10/1/2018 | 0.2 | EMAIL UPDATE TO CLIENTS. | $40.00 | $40.00 | |||||
| 10/10/2018 | 0.3 | REVIEW REDLINED SETTLEMENT AGREEMENT. | $60.00 | $60.00 | |||||
| 10/16/2018 | 1.8 | ATTEND BANKRUPTCY STATUS CONFERENCE. | $360.00 | $360.00 | |||||
| 10/17/2018 | 0.9 | DRAFT SUMMARY TO COMMITTEE OF STATUS | $180.00 | $180.00 | |||||
| 10/22/2018 | 0.5 | CONFERENCE CALL WITH COMMITTEE | $100.00 | $100.00 | |||||
| 10/24/2018 | 0.2 | VOICE MAIL TO DAVE (0.10); CALL WITH | $40.00 | $40.00 | |||||
| 10/26/2018 | 0.8 | CALL WITH DAVE ON CASE STATUS. | $160.00 | $160.00 | |||||
| 10/29/2018 | 0.2 | MESSAGE TO ATTORNEY FOR ANOTHER | $40.00 | $40.00 | |||||
| 11/1/2018 | 1.8 | REVIEW TRUSTEE'S MOTION FOR APPROVAL | $360.00 | $360.00 | |||||
| 11/2/2018 | 0.6 | CALL WITH GRANT AND LELAND. | $120.00 | $120.00 | |||||
| 11/5/2018 | 0.2 | CALL WITH HOWARD ON STATUS. | $40.00 | $40.00 | |||||
| 11/12/2018 | 0.2 | MESSAGE TO DAVE (0.10); EMAIL TO CLIENTS | $40.00 | $40.00 | |||||
| 11/27/2018 | 1.8 | ATTEND TVM BANKRUPTCY HEARING. | $360.00 | $360.00 | |||||
| 3/4/2019 | 0.2 | FOLLOW UP WITH TRUSTEE COUNSEL ON | $40.00 | $40.00 | |||||
| 3/13/2019 | 0.4 | FOLLOW UP ON PAYMENTS RECEIVED BY | $80.00 | $80.00 | |||||
| 3/25/2019 | 1.5 | DRAFT LETTER WITH RESEARCH AND | $300.00 | $300.00 | |||||
| 4/19/2019 | 0.2 | CALL WITH TRUSTEE'S ATTORNEY (0.10); | $40.00 | $40.00 | |||||
| 5/1/2019 | 0.1 | FOLLOW UP WITH BANKRUPTCY TRUSTEE | $20.00 | $20.00 | |||||
| 5/3/2019 | 1.3 | REVIEW DHJ FINANCIALS AND QUESTIONS TO | $260.00 | $260.00 | |||||
| 5/13/2019 | 0.2 | EMAIL TO CLIENTS (0.10); RETURN LELAND'S | $40.00 | $40.00 | |||||
| 5/14/2019 | 0.7 | CALL AND EMAIL WITH BANKRUPTCY TRUSTEE | $140.00 | $140.00 | |||||
| 5/31/2019 | 2 | CALL WITH JED MANWARING ON TRUSTEE'S | $400.00 | $400.00 | |||||
| 6/4/2019 | 1.2 | REVIEW RACHEL BOHNENKAMP'S | $240.00 | $240.00 |
| 9/9/2019 | 0.4 | REVIEW RESPONSE FROM TRUSTEE ATTORNEY | $80.00 | $80.00 | |||||
| 10/8/2019 | 1.9 | REVIEW TRUSTEE'S ATTORNEY REQUEST FOR | $380.00 | $380.00 | |||||
| 10/11/2019 | 1.3 | RESEARCH AND EVALUATE J. MANWARING'S | $260.00 | $260.00 | |||||
| 10/22/2019 | 0.1 | VOICEMAIL MESSAGE TO GRANT. | $0.00 | ||||||
| 10/24/2019 | 0.3 | CALL WITH GRANT AND ANNE LUNGREN ON | $0.00 | ||||||
| 8,065.00 | $9487.50 | $ 1852.50 | $19,405 |
Exhibit 1 to In re Treasure Valley Marine , Inc.
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Eberle Berlin Costs
Exhibit 1 - Eberle Berlin Costs
| TransactionDate | Cost Amount | Description of Cost | Excluded(amountnot beingsought byCreditors) | Petition(503(b)(3)(A)) | Criminal(503(b)(3)(C)) | SubstantialContribution(503(b)(3)(D)) | Court's Reason for Allowance/Disallowance |
|---|---|---|---|---|---|---|---|
| 2/5/2015 | $221.00 | ADA COUNTY CLERK OF THE COURTCHECK FILING FEE - DAVID McKITRICK V.TREASURE VALLEY MARINE,INC., ET AL | $221.00 | $221.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 2/10/2015 | $24.00 | ADA COUNTY CLERK OF THE COURTCHECK COPY OF COMPLAINT - BARNES V.BOHNENKAMP - CASE NO. CV-OC-2015-01589 | $24.00 | $24.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 2/13/2015 | $37.00 | CHECK TRI COUNTY PROCESS SERVING | $37.00 | $37.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 2/13/2015 | $77.00 | CHECK TRI COUNTY PROCESS SERVING | $77.00 | $77.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 5/22/2015 | $10.00 | VISA CERTIFIED COPY (NIAGARA JETADVENTURES) | $10.00 | $10.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 5/27/2015 | $77.00 | TRI-COUNTY PROCESS SERVING LLCCHECK NON-SERVICE ON CHRISTOPHERBOHNENKAMP - MCKITRICK V.TREASURE VALLEY MARINE | $77.00 | $77.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 6/22/2015 | $950.00 | MORGENSTERN DEVOESICK CHECK YOURINVOICE 3500, 04/24/2015 | $950.00 | $950.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 7/29/2015 | $149.00 | ADA COUNTY CLERK OF THE COURTCHECK COPIES OF DOCUMENTS FROMCASES CV OC 2015-03084 ANDCV OC 2014-06530 | $149.00 | $149.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 8/11/2015 | $63.59 | OFFICE DEPOT CHECK 98036 MCKITTRICKHARD DRIVE PORTABLE | $63.59 | $63.59 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 8/14/2015 | $46.80 | JULIE BARNES FOLEY CHECK PAYMENT OFCERTIFIED COPY OF COMPLAINT FILED INCOUNTY OF NIAGARASUPREME COURT - FOX V. BOHNENKAMP | $46.80 | $46.80 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) |
| 8/27/2015 | $63.59 | OFFICE MAX - PORTABLE HARD DRIVE | $63.59 | $63.59 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 10/2/2015 | $37.72 | CERTIFIED MAIL - POSTAGE - 4 @ $9.43 | $37.72 | $37.72 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 10/7/2015 | $140.00 | TREASURY OF THE UNITED STATES CHECKFOIA NUMBER 2015-CGFO-01690 | $140.00 | $140.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 10/9/2015 | $10.96 | POSTAGE - 4 @ $2.74 | $10.96 | $10.96 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 10/27/2015 | $135.00 | TRI COUNTY PROCESS SERVING CHECKSERVICE ON DEFENDANT MICHAEL FOX;YOUR INVOICE NO. 148673 | $135.00 | $135.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 11/6/2015 | $221.00 | ADA COUNTY CLERK OF THE COURTCHECK FILING FEE - LELAND SPINDLER V.BOHNENKAMP, ET AL | $221.00 | $221.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 12/7/2015 | $110.00 | ADA COUNTY CLERK OF THE COURTCHECK COPIES FROM CASE NO. CV OC2015-01589 - BARNES V.BOHNENKAMP | $110.00 | $110.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 12/29/2015 | $565.00 | WASHINGTON TRUST BANK CHECKMcKITRICK V. BOHNENKAMP, ET AL -DISCOVERY - 520 COPIES @$0.75PER PAGE; CD - 2 @ $25; 5 HOURS OFTIME @ $25/HOUR | $565.00 | $565.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 12/30/2015 | $40.00 | ADA COUNTY CLERK OF THE COURTCHECK COPIES - CASE NO. CV OC2015-14743 | $40.00 | $40.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 1/5/2016 | $750.00 | RIDDLE MARINE CUSTOM JET BOATSCHECK MCKITRICK V. TREASURE VALLEYMARINE - 5 HOURS @ $150.00 | $750.00 | $750.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 1/12/2016 | $900.00 | BRYAN BENTZ CHECK DAVID MCKITRICK | $900.00 |
| 1/14/2016 | $20.00 | ADA COUNTY CLERK OF THE COURTCHECK COPIES - CASE NO. CV OC2015-01589 - BARNES V.BOHNANKAMP | $20.00 | $20.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 2/16/2016 | $8,578.30 | LLP LITTLE-MORRIS CHECK PAYMENT OFINVOICE 159890 - McKITRICK | $8,578.30 | $8,578.30 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 2/26/2016 | $274.54 | ASSOCIATED REPORTING & VIDEO CHECK | $274.54 | ||||
| 2/26/2016 | $405.19 | ASSOCIATED REPORTING & VIDEO CHECK | $405.19 | ||||
| 2/26/2016 | $177.55 | ASSOCIATED REPORTING & VIDEO CHECK | $177.55 | ||||
| 2/29/2016 | $524.97 | ASSOCIATED REPORTING & VIDEO CHECKDEPOSITION OF JOSEPH STEARNS -2-16-16 | $524.97 | $524.97 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/2/2016 | $15.70 | POSTAGE - 2 @ $7.85 | $15.70 | $15.70 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/16/2016 | $100.80 | M&M COURT REPORTING SERVICE CHECKMCKITRICK V. TREASURE VALLEY MARINE,INVOICE NO. 61287B5;JOB NO. 42090B4 | $100.80 | $100.80 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/29/2016 | $87.00 | TRI COUNTY PROCESS SERVING CHECKINVOICE 151297; JOB NO. 151297;SERVICE ON RACHELBOHNENKAMP - KEYBANK V. TREASUREVALLEY MARINE, ET AL. CASE NO. CV OC16-02888 | $87.00 | $87.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/29/2016 | $87.00 | TRI COUNTY PROCESS SERVING CHECKINVOICE 151296; JOB NO. 151296;SERVICE ON CHRIS L.BOHNENKAMP - KEYBANK V. TREASUREVALLEY MARINE, ET AL; CASE NO. CV OC16-02888 | $87.00 | $87.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/29/2016 | $87.00 | TRI COUNTY PROCESS SERVING CHECKINVOICE 151470; JOB NO. 151470;SERVICE ON MICHAEL FOX;MCKITRICK V. TREASURE VALLEY MARINE,ET AL - AMENDED COMPLAINT OFLUNGREN | $87.00 | $87.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/29/2016 | $87.00 | TRI COUNTY PROCESS SERVING CHECKINVOICE NO. 151299; SERVICE ONMICHAEL FOX - CASE NO. CV OC15-19231 - SUMMONS AND COMPLAINT -SPINDLER V. TREASURE VALLEY MARINE,ET AL. | $87.00 | $87.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 3/29/2016 | $135.00 | TRI COUNTY PROCESS SERVING CHECKINVOICE NO. 151298; SERVICE ONMICHAEL FOX - KEYBANK V.TREANSURE VALLEY MARINE, ET AL.; CASENO. CV 0C 16-02888 - SUMMONS ANDCOMPLAINT | $135.00 | $135.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) |
| 4/6/2016 | $34.20 | FOUR CERTIFIED MAIL @ $8.55 EACHMAILING OF SUMMONS AND COMPLAINTTO NIAGARA JETADVENTURES AND DEVILS HOLE JET BOAT- TWO LOCATIONS FOR EACH ENTITY | $34.20 | $34.20 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 5/27/2016 | $1,194.62 | JOHN GLENN HALL COMPANY | $1,194.62 | $1,194.62 | Allowed (Criminal Prosecution) | ||
| 6/1/2016 | $302.00 | TRI COUNTY PROCESS SERVING CHECKPAYMENT FOR SERVICE - NIAGARA JETADVENTURES, LLC ANDDEVILS HOLE JETBOAT, LLC | $302.00 | $302.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 6/2/2016 | $14.00 | ADAM LITTLE CHECK REIMBURSE PARKINGAT ADA COUNTY COURTHOUSE 05/23AND 05/24/16 | $14.00 | $14.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 8/11/2016 | $6.00 | ADA COUNTY CLERK OF THE COURT | $6.00 | ||||
| 8/24/2016 | $335.00 | VISA CHECK FILING FEE (BANKRUPTCY | $335.00 | Allowed (Filing Petition) | |||
| 8/30/2016 | $1,184.18 | M & M COURT REPORTING DEPOSITION | $1,184.18 | $1,184.18 | Allowed (Criminal Prosecution) | ||
| 8/30/2016 | $1,219.61 | M & M COURT REPORTING DEPOSITION | $1,219.61 | $1,219.61 | Allowed (Criminal Prosecution) | ||
| 9/23/2016 | $11.00 | ADA COUNTY CLERK OF THE COURTOTHER COPY FEES FOR 7-27-16COMPLAINT IN CVOC1613569 COPYFEES FOR 7-27-16 COMPLAINT INCVOC1613569 | $11.00 | $11.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided related to the criminal case orsubstantially contributed to case) | ||
| 2/22/2017 | $10.00 | DELIVERY SERVICES/MESSENGERS - EVANSKEANE | $10.00 | Disallowed (Court cannot determine whetherservices provided are reasonable pursuant to section503(b)(4); Creditors failed to meet their burden thatservices provided substantially contributed to case) | |||
| $335.00 | $3,598.41 | 0 |
Exhibit 1 to In re Treasure Valley Marine , Inc.
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Hawley Troxell Fees
Exhibit 1 - Hawley Troxell Fees
| Date ofService | Hours | Description of Legal Services | Amount | Excluded(amountnor beingsought byCreditors) | Petition(503(b)(3)(A)) | Criminal(503(b)(3)(C)) | SubstantialContribution(503(b)(3)(D)) | Court's Reason for Allowance/Disallowance | |
|---|---|---|---|---|---|---|---|---|---|
| 2/3/2015 | 0.6 | Conduct search of secretary ofstate for Niagara Jet BoatAdventures; locate filing in NewYork; review website and | $87.00 | $87.00 | $ 87.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/3/2015 | 1.8 | Review of facts and clientdocuments. | $351.00 | $351.00 | $ 351.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 2/3/2015 | 2.9 | Extended telephone conferencewith client re facts of case andstrategy; analyze issues relating toinsolvency of boat contractor; | $841.00 | $261.00 | $580.00 | $ 580.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | ||
| 2/4/2015 | 2.1 | Conferences with L. Davis andclient re additional status andtitle issues; review title issues;draft analysis of same. | $409.50 | $409.50 | $ 409.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/4/2015 | 1.1 | Review bankruptcy docket;schedules and pleadings of 2009bankruptcy of Bohnenkamp;e-mail counsel re same. | $159.50 | $159.50 | $ 159.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/4/2015 | 3.8 | Analyze issues relating to the filingof a lawsuit against Bohnenkampby third party; telephoneconference with client re same | $1,102.00 | $290.00 | $812.00 | $ 812.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | ||
| 2/5/2015 | 2.6 | Review e-mail from client restrategy; telephone conferencewith M. Murphy; extendedtelephone conference with client | $754.00 | $754.00 | $ 754.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/5/2015 | 1.6 | Receipt and review e-mailcorrespondence; conduct DMVsearch; UCC Search; conferencewith counsel re same; obtain and | $232.00 | $232.00 | $ 232.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/5/2015 | 2.8 | Review settlement proposal fromclient; conferences with client recollection options; review UCCinformation re prior liens; draft | $546.00 | $546.00 | $ 546.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/6/2015 | 1.6 | Analyze issues re boat possessionand bankruptcy; draftacknowledgment. | $312.00 | $312.00 | $ 312.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 2/6/2015 | 2.8 | E-mail exchange with M. Murphyre various issues; e-mail exchangewith client re same; extendedtelephone conference | $812.00 | $812.00 | $ 812.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/8/2015 | 0.7 | Begin drafting Complaint forBreach of Contract, Claim andDelivery, and Conversion. | $136.50 | $136.50 | $ 136.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/9/2015 | 4.9 | Review correspondence from | $955.50 | $955.50 | $0.00 | $ - | |||
| 2/9/2015 | 2.5 | Review e-mail from client restrategy; telephone conferencewith client re strategy goingforward; e-mail exchange with | $725.00 | $725.00 | $ 725.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/10/2015 | 1 | Review recordings made by clientand issues relating thereto;analyze issues re Complaint;review and revise complaint; e- | $195.00 | $195.00 | $ 195.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/10/2015 | 3.7 | E-mail exchange with client reComplaint; review transcripts ofrecordings forwarded by client;analyze issues relating to | $1,073.00 | $203.00 | $870.00 | $ 870.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) |
| 2/11/2015 | 0.6 | Review complaint filed by otherbuyer; conference with L. Davisre maritime issues. | $117.00 | $117.00 | $ 117.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/11/2015 | 2.2 | Analyze issues relating to possiblemaritime lien against NY basedvessels; review Niagara Jet'swebsite and social media for | $638.00 | $638.00 | $ 638.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/12/2015 | 0.3 | Work on finalizing complaint;review correspondence re statusof agreement and complaint filing. | $58.50 | $58.50 | $ 58.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/12/2015 | 1.1 | Telephone conference with clientsregarding agreement with C.Bohnenkamps; e-mail exchangewith clients re same. | $319.00 | $319.00 | $ 319.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/18/2015 | 0.2 | Review titles from client andanalyze issue re transfer of titles. | $39.00 | $39.00 | $ 39.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/18/2015 | 0.1 | Review e-mail from client re title | $29.00 | $29.00 | $0.00 | $ - | - | ||
| 2/18/2015 | 0.2 | E-mail from client re title to | $58.00 | $58.00 | $0.00 | $ - | - | ||
| 2/19/2015 | 0.8 | Work on status report to client;e-mail exchange with client retitle. | $232.00 | $232.00 | $ 232.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/23/2015 | 1.9 | Review e-mail re site visit inpreparation for call with clients;callwith clients; draft demand letter | $551.00 | $551.00 | $ 551.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 2/23/2015 | 0.3 | Work on demand letter. | $58.50 | $58.50 | $ 58.50 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 2/26/2015 | 1.4 | Review and revise complaint;e-mail correspondence with clientre same; verify details relatingthereto; finalize complaint for | $273.00 | $273.00 | $ 273.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 3/5/2015 | 0.1 | E-mail to A. Lungren re statusreport. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 3/18/2015 | 0.1 | E-mail exchange with client. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 3/19/2015 | 0.7 | Telephone conference with clientsre status of communication withdefendants and strategy goingforward; e-mail to M. Murphy re | $203.00 | $203.00 | $ 203.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 4/3/2015 | 0.6 | Discuss service issues with L.Davis; research same. | $117.00 | $117.00 | $ 117.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 4/3/2015 | 2.3 | Telephone conference with FBIoffice re investigation; telephoneconference with Agent DrewMcCanless (2) re issues; telephone | $667.00 | $667.00 | $ 667.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) |
| 4/6/2015 | 0.1 | E-mail exchange with client remeeting with FBI agent. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 4/7/2015 | 0.1 | E-mail from client re article on | $0.00 | $0.00 | $ - | - | |||
| 4/8/2015 | 1.7 | Extended call with Agent D.McCandless; review notes relatingto communications with M.Murphy and W. Scott; e-mail to | $493.00 | $493.00 | $ 493.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 4/9/2015 | 0.1 | E-mail from client re informationfor FBI. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 4/10/2015 | 0.5 | Telephone conference with clientre FBI documentation. | $145.00 | $145.00 | $ 145.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 4/13/2015 | 0.1 | E-mail from client regardingdocumentation for FBI (x2); | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 4/17/2015 | 0.8 | Telephone conference with FBIagent; search linked in for otherBCW employees; telephoneconference with A. Little re | $232.00 | $232.00 | $ 232.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 4/23/2015 | 0.1 | E-mail exchange with client (no | $0.00 | $0.00 | $ - | - | |||
| 4/24/2015 | 0.2 | Review e-mail from client reCustom Weld. | $58.00 | $58.00 | $ 58.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 4/29/2015 | 1.1 | Review narrative provided byclient for FBI; review documents indrop box, answer to complaintand otherwise prepare for | $319.00 | $319.00 | $ 319.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/4/2015 | 0.7 | Review and revise narrative forFBI. | $203.00 | $203.00 | $ 203.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/5/2015 | 1.5 | Compile, organize documents in | $0.00 | $0.00 | $ - | - | |||
| 5/5/2015 | 1.6 | Review and revise narrative; workon issues relating todocuments for FBI packet;telephone conference with SA | $464.00 | $464.00 | $ 464.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/6/2015 | 1.9 | Attend motion to compel hearingand status conference inother pending case; e-mail L. Davisre same. | $370.50 | $370.50 | $ 370.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/6/2015 | 4 | Continue to compile and organize | $0.00 | $0.00 | $ - | - | |||
| 5/6/2015 | 1.8 | E-mail exchange with client recontact by B. Vineyard; e-mail toclient re new eviction matter filedagainst Bohnenkamp; review | $522.00 | $522.00 | $ 522.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/7/2015 | 1.5 | E-mail exchange with B. Vineyardre additionalpurchasers/witnesses; telephoneconference with D. McCandless re | $435.00 | $435.00 | $ 435.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) |
| 5/8/2015 | 2.1 | E-mail from client; work on letterto D. McCandless; telephoneconference with B. Vineyard reshop location; telephone | $609.00 | $609.00 | $ 609.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/11/2015 | 0.2 | Upload FBI narrative to ShareFile | $0.00 | $0.00 | $ - | - | |||
| 5/11/2015 | 1.2 | Review e-mail from client republic hearing minutes; revise andfinalize letter to FBI relating toadditional information obtained | $348.00 | $348.00 | $ 348.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/12/2015 | 0.1 | Analyze issues relating to nextsteps in light of MSJ received; e-mail exchange with client relatingto Custom Weld attorney. | $29.00 | $29.00 | $ 29.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/13/2015 | 2.1 | Extended telephone conferencewith D. Mushlitz re informationrelating to prior court matters;analyze issues relating to | $609.00 | $609.00 | $ 609.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/14/2015 | 0.8 | Telephone conference with B.Vineyard re additional informationfor FBI; e-mail exchange withclient; extended telephone | $232.00 | $232.00 | $ 232.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/15/2015 | 0.1 | Prepare Notice of Intent to TakeDefault. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/15/2015 | 0.3 | Discuss appearance and motionissues with L. Davis; reviewmotion and answer re same. | $58.50 | $58.50 | $ 58.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/18/2015 | 0.5 | E-mail exchange with client recourt filings; e-mail from client; e-mail from B. Vineyard re names;telephone conference with | $145.00 | $145.00 | $ 145.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/19/2015 | 3.5 | Prepare for and meet with clients;meet with D. McCandless repossible criminal investigation;prepare response e-mail for | $1,015.00 | $1,015.00 | $ 1,015.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/20/2015 | 0.4 | Review e-mail from G. Lungren readditional information; e-mail toSA McCandless re attorneyinformation and additional | $116.00 | $116.00 | $ 116.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/22/2015 | 0.1 | E-mail exchange with client re | $0.00 | $0.00 | $ - | - | |||
| 5/22/2015 | 2.7 | Draft first set of discoveryrequests to defendants. | $526.50 | $526.50 | $ 526.50 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/23/2015 | 0.3 | E-mail exchange with client rediscovery, summary judgmentand timing issues relating to massrepresentation. | $87.00 | $87.00 | $ 87.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/24/2015 | 0.2 | Analyze issues relating todiscovery requests. | $58.00 | $58.00 | $ 58.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/24/2015 | 2.9 | Continue drafting discoveryrequests. | $565.50 | $565.50 | $ 565.50 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) |
| 5/26/2015 | 1.5 | Continue drafting discoveryrequests to defendants. | $292.50 | $292.50 | $ 292.50 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/27/2015 | 0.2 | Save collection of Hull - Valuation | $0.00 | $0.00 | $ - | - | |||
| 5/27/2015 | 0.4 | Review e-mail from client; initialreview and revise discoveryrequests. | $116.00 | $116.00 | $ 116.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/28/2015 | 1.3 | Review e-mail from client; reviewand revise discovery requests;telephone conference with clientre discovery issues. | $377.00 | $377.00 | $ 377.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/28/2015 | 0.9 | Discuss discovery request issueswith L. Davis; revise and revisediscovery requests toBohnenkamps. | $175.50 | $175.50 | $ 175.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 5/29/2015 | 1.8 | Review and revise discoveryrequests. | $522.00 | $522.00 | $ 522.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 5/31/2015 | 1.6 | Review comments from client readditional requests; revisediscovery requests to entities. | $312.00 | $312.00 | $ 312.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/1/2015 | 1.8 | Review and comment on all foursets of discovery requests; e- mailexchange with client re same;e-mail exchange with client re | $522.00 | $522.00 | $ 522.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/1/2015 | 1.4 | Review and revise discoveryrequests to defendants;conferences and e-mailcorrespondence with L. Davis re | $273.00 | $273.00 | $ 273.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/2/2015 | 0.3 | E-mail from client re additionalinformation and communicationwith NY counsel; e-mail to M.Taylor re information from R. | $87.00 | $87.00 | $ 87.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/2/2015 | 1.2 | Final review and revisions todiscovery requests; finalize samefor service. | $234.00 | $234.00 | $ 234.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 6/3/2015 | 1.1 | Extended telephone conferencewith clients and NY counsel;telephone conference with clientsre issues relating to MSJ. | $319.00 | $319.00 | $ 319.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/8/2015 | 0 | Review pretrial deadlines | $0.00 | $0.00 | $ - | - | |||
| 6/12/2015 | 0.3 | E-mail from client recommunication from NY attorney;attempt to reach M. Murphy;e-mail to M. Murphy re SJ hearing | $87.00 | $87.00 | $ 87.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/15/2015 | 0.7 | Review correspondence fromopposing counsel re hull;conferences with L. Davis remotion to continue and summary | $136.50 | $136.50 | $ 136.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/15/2015 | 3.8 | E-mail exchange with M. Murphy'soffice re hearing date andstipulation; extended telephoneconference with A. Little re status | $1,102.00 | $1,102.00 | $ 1,102.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/16/2015 | 3.6 | Conference with L. Davis remotions issues; research issuesraised in motion for summaryjudgment; begin drafting motion | $702.00 | $702.00 | $ 702.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/16/2015 | 0.8 | E-mail exchange with client renew information re claims ofdefamation; work on issuesrelating to response to MSJ and | $232.00 | $232.00 | $ 232.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) |
| 6/17/2015 | 9.9 | Continue drafting memorandumin support of motion to continue;draft opposition to motion forsummary judgment; review | $1,930.50 | $1,930.50 | $ 1,930.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/17/2015 | 10.6 | E-mail to M. Murphy re Stipulationand request to move hearing;draft Stipulation for SchedulingOrder; review and revise Rule | $3,074.00 | $3,074.00 | $ 3,074.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/18/2015 | 0.1 | E-mail exchange with client re | $0.00 | $0.00 | $ - | - | |||
| 6/19/2015 | 0.1 | E-mail from client (no charge to | $0.00 | $0.00 | $ - | - | |||
| 6/22/2015 | 2.9 | E-mail exchange with client re | $0.00 | $0.00 | $ - | - | |||
| 6/22/2015 | 3.2 | Review file relating to timing ofdemands for hull; draft letter toM. Murphy; analyze issues relatingto claims for mitigation; e- mail | $928.00 | $928.00 | $ 928.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/23/2015 | 0.2 | Finalize documents for filing and | $0.00 | $0.00 | $ - | - | |||
| 6/24/2015 | 1.6 | Draft reply in support of Rule 56(f)motion. | $280.00 | $280.00 | $ 280.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 6/25/2015 | 6.8 | Further draft reply brief in supportof Rule 56(f) motion. | $1,190.00 | $1,190.00 | $ 1,190.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 6/26/2015 | 3.7 | Review, revise and finalize Replyto Motion for Continuance; workon issues relating to independentevidence of W. Scott's | $1,073.00 | $1,073.00 | $ 1,073.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/29/2015 | 2.3 | Review and revise proposedDeclaration of G. Lungren inOpposition of Defendants' Motionto Strike; e-mail to G. Lungren re | $667.00 | $667.00 | $ 667.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 6/29/2015 | 7.9 | Draft opposition to motion tostrike and supportingdeclarations. | $1,382.50 | $1,382.50 | $ 1,382.50 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/1/2015 | 5.9 | Prepare for and attend hearing onpending Motions; conference withM. Murphy following hearing;telephone conference with | $1,711.00 | $1,711.00 | $ 1,711.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/1/2015 | 1.2 | Assist in preparing L. Davis forhearing on summary judgment;compile cases relied upon inbriefing for same. | $210.00 | $210.00 | $ 210.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/2/2015 | 0.9 | Extended telephone conferencewith A. Little re client's position onsettlement and discovery issues;review e-mail from client re | $261.00 | $261.00 | $ 261.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/6/2015 | 0.1 | Review, revise and finalize meetand confer letter to M.Murphy. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/6/2015 | 0.4 | Draft meet and confer letter reoutstanding discovery. | $70.00 | $70.00 | $ 70.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) |
| 7/7/2015 | 0.8 | Review e-mail received from client(6); extended telephoneconference with client re e-mail,settlement, AG complaint; | $232.00 | $232.00 | $ 232.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/8/2015 | 1.4 | Review e-mail from G. Lungren;e-mail from A. Little withfinancials attached; e-mail to G.Lungren re financials received | $406.00 | $406.00 | $ 406.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/9/2015 | 0 | Review financial statements; | $0.00 | $0.00 | $ - | - | |||
| 7/9/2015 | 0 | Conference call with B. Coonts re | $0.00 | $0.00 | $ - | - | |||
| 7/9/2015 | 1.1 | Analyze issues relating tofinancials provided by Defendants;telephone conference with S.Guyon with the AG's office; e-mail | $319.00 | $319.00 | $ 319.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/10/2015 | 0.2 | E-mail exchange with client re AGcomplaint. | $58.00 | $58.00 | $ 58.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/13/2015 | 2.9 | Brief review of documentsreceived from Defendants; meetwith A. Little and J. Stearns (TVMController). | $841.00 | $841.00 | $ 841.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/14/2015 | 0 | Receive Exhibits A & B to | $0.00 | $0.00 | $ - | - | |||
| 7/14/2015 | 0.1 | E-mail exchange with A. Little reaffidavit. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/15/2015 | 0.5 | Conference call with NY counsel relitigation. | $145.00 | $145.00 | $ 145.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/16/2015 | 1.8 | Review discovery responsereceived from Defendants;analyze issues relating thereto;review and comment on Affidavit | $522.00 | $522.00 | $ 522.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/17/2015 | 0.7 | Telephone conference with A.Little re Affidavit; telephoneconference with M. Murphy'soffice; e-mail to client re same; | $203.00 | $203.00 | $ 203.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/20/2015 | 1.2 | Telephone conference with AG'soffice re complaint and publicrecords request; telephoneconference with client re same; | $348.00 | $348.00 | $ 348.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/21/2015 | 0.1 | Telephone conference with M.Murphy re settlement (2). | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/22/2015 | 1.5 | Telephone conference with clientre status of case; telephoneconference with M. Murphy resettlement and discovery issues; | $435.00 | $435.00 | $ 435.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/23/2015 | 0 | Review file re Oregon Subpoena. | $0.00 | $0.00 | $ - | - | |||
| 7/23/2015 | 0.2 | E-mail exchange with M. Murphyre discovery productionissues; analyze the same. | $58.00 | $58.00 | $ 58.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/24/2015 | 0 | Research procedures for service of | $0.00 | $0.00 | $ - | - | |||
| 7/24/2015 | 0.4 | E-mail from M. Murphy rediscovery production issues;analyze the same; work onSubpoena to C. Mahr CPA; analyze | $116.00 | $116.00 | $ 116.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) |
| 7/27/2015 | 1.5 | Research issues re foreignsubpoena; review Oregon Courtwebsite; telephone call to Clerk reissuance of foreign subpoena | $217.50 | $217.50 | $ 217.50 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/28/2015 | 0 | Review and revise pleadings re | $0.00 | $0.00 | $ - | - | |||
| 7/28/2015 | 0 | Work on Subpoena to CPA; review | $0.00 | $0.00 | $ - | - | |||
| 7/28/2015 | 0.6 | Review draft subpoena toaccountant; make revisions tosame. | $105.00 | $105.00 | $ 105.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/29/2015 | 0.9 | E-mail exchange with client re FBImeeting; discovery and settlementissues; e-mail exchange with D.McClure re mirror | $261.00 | $261.00 | $ 261.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 7/30/2015 | 0.2 | E-mail exchange with client remeeting with FBI agent andsubpoena issues. | $58.00 | $58.00 | $ 58.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/31/2015 | 0.5 | Conference with L. Davis reprejudgment writ and receivershipissues. | $97.50 | $97.50 | $ 97.50 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 7/31/2015 | 0.5 | E-mail exchange with client rediscovery efforts legal strategiesconsidered; e-mail exchange withclient re meeting with FBI. | $145.00 | $145.00 | $ 145.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 8/3/2015 | 2.5 | Prepare for and meet with SAMcCandless; extended telephoneconference with client reconference with FBI and status of | $725.00 | $725.00 | $ 725.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 8/4/2015 | 0.3 | Review e-mail from client respreadsheets and correspondencefrom M. Murphy. | $87.00 | $87.00 | $ 87.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 8/10/2015 | 1.1 | E-mail from client re additionalinformation; telephoneconference with T. Pickens restatus of litigation; telephone | $319.00 | $319.00 | $ 319.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 8/11/2015 | 0.1 | E-mail from client re request from | $0.00 | $0.00 | $ - | - | |||
| 8/12/2015 | 0.4 | Review New York fraud complaintand analyze issues relatingthereto. | $78.00 | $78.00 | $ 78.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 8/12/2015 | 0.1 | E-mail from client (No charge to | $0.00 | $0.00 | $ - | - | |||
| 8/13/2015 | 2.3 | Review Complaint filed by M. Foxand analyze impact on pendingactions; extended telephoneconference with A. Little re same; | $667.00 | $667.00 | $ 667.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 8/14/2015 | 0.9 | E-mail to D. McCandless reComplaint; analyze bankruptcyissues relating to involuntarybankruptcy. | $261.00 | $261.00 | $ 261.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) | |||
| 8/18/2015 | 0.6 | E-mail from client re articles andhappening in NY; extendedtelephone conference with S.Guyon re AG's complaint; e-mail | $174.00 | $174.00 | $ 174.00 | Disallowed (Because of lumping, Court cannotdetermine whether services provided are reasonablepursuant to section 503(b)(4)) |
| 8/20/2015 | 1.1 | Extended telephone conferencewith client re status of matter;e-mail exchange with A. Little;review e-mail from client. | $319.00 | $319.00 | $ 319.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 8/24/2015 | 0.1 | E-mail from client re questions forNJA employee; telephoneconference with A. Little re statusof Bohnenkamprepresentation and financialinformation. | $29.00 | $29.00 | $ 29.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 8/25/2015 | 0.3 | Review e-mail from client re list ofquestions and respondthereto. | $87.00 | $87.00 | $ 87.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 8/31/2015 | 0.3 | E-mail from A. Little re splittingcosts; telephone conferencewith A. Little re same. | $87.00 | $87.00 | $ 87.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 9/8/2015 | 1.7 | E-mail from client; extendedtelephone conference with A.Littlere joint representation of victimsand status of motions; e-mail toclient re same. | $493.00 | $493.00 | $ 493.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 9/9/2015 | 0.1 | E-mail from client to AG's office | $0.00 | $0.00 | $ - | - | |||
| 9/15/2015 | 0.1 | E-mail to A. Little re joint | $0.00 | $0.00 | $ - | - | |||
| 9/16/2015 | 0.9 | E-mail exchange with client re | $261.00 | $261.00 | $0.00 | $ - | - | ||
| 9/17/2015 | 0.7 | E-mail to G. Lungren re jointrepresentation issues; extendedtelephone conference with clientre same. | $203.00 | $203.00 | $ 203.00 | Disallowed (Court cannot determine whether servicesprovided are reasonable pursuant to section 503(b)(4);Creditors failed to meet their burden that servicesprovided related to the criminal case or substantiallycontributed to case) | |||
| 9/18/2015 | 0.1 | E-mail from clients re joint | $0.00 | $0.00 | $ - | - | |||
| 9/23/2015 | 0.6 | Telephone conference with A. | $174.00 | $174.00 | $0.00 | $ - | - | ||
| 10/2/2015 | 0 | Telephone conference with clients | $0.00 | $0.00 | $ - | - | |||
| 10/13/2015 | 0 | Telephone conference with A. | $0.00 | $0.00 | $ - | - | |||
| 10/14/2015 | 0 | Work on document production | $0.00 | $0.00 | $ - | - | |||
| $0.00 | $0.00 | $0.00 |
Exhibit 1 to In re Treasure Valley Marine , Inc.
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Hawley Troxell Costs
Exhibit 1 - Hawley Troxell Costs
Transaction Date Description of Cost Quantity Cost Amount Excluded (amount not being Petition (503(b)(3)(A)) Criminal (503(b)(3)(C)) Substantial Contribution (503(b)(3)(D)) Court's Reason for Allowance/Disallowance 2/4/2015 Messenger 0 $0.00 $0.00 $ - - 2/4/2015 Court Fees - ADA COUNTY CLERK To obtain copy of complaint in case no.: CV OV 2015-01589 1 $23.00 $23.00 $ 23.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 2/12/2015 Court Fees - ADA COUNTY CLERK Clerk's Fee to File Complaint 1 $221.00 $221.00 $ 221.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return windlass to Good Automatic Windlass, Inc. for Lungreens -Pickup charge- 1 $7.14 $7.14 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return rope/chain to Good Automatic Windlass, Inc. for Lungreens -Pickup charge- 1 $7.14 $7.14 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return windlass to Good Automatic Windlass, Inc. for Lungreens -Shipping charges- 1 $85.11 $85.11 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return rope/chain to Good Automatic Windlass, Inc. for Lungreens -Shipping charges- 1 $76.11 $76.11 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return alarm system to Aqualarm for Lungreens -Shipping charges- 1 $17.39 $17.39 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return misc. items to Lungreens -Shipping Charge- 1 $16.85 $16.85 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return misc. items to Lungreens -Shipping Charge- 1 $19.27 $19.27 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return alarm system to Aqualarm for Lungreens - Pickup charges- 1 $6.02 $6.02 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return misc. items to Lungreens -Pickup charge- 1 $6.02 $6.02 $0.00 $ - 2/26/2015 Client Charges - Wells Fargo Bank - Commercial Cards Return misc. items to Lungreens -Pickup charge- 1 $6.02 $6.02 $0.00 $ - 2/26/2015 Copying 28 $5.04 $5.04 $ 5.04 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 124 3/18/2015 Client Charges - ACCESS IDAHO UCC Search(3) - Title MVR(4) 1 $43.00 $43.00 $ 43.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 4/7/2015 Client Charges - TRI-COUNTY PROCESS SERVING Summons and complaint, service upon R. Bohnenkamp on 03/30/2015 1 $77.00 $77.00 $ 77.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 4/7/2015 Client Charges - TRI-COUNTY PROCESS SERVING Summons and complaint, service upon C. Bohnenkamp on 03/30/2015 1 $37.00 $37.00 $ 37.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 4/7/2015 Client Charges - TRI-COUNTY PROCESS SERVING Summons and complaint, service upon Treasure Valley MArine Co. on 04/01/2015 1 $52.00 $52.00 $ 52.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 4/7/2015 Client Charges - TRI-COUNTY PROCESS SERVING Summons and complaint, service upon Bohnenkamps Whitewater Customs, Inc. on 04/01/2015 1 $37.00 $37.00 $ 37.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 4/14/2015 Client Charges - PETTY CASH Misc Court Costs and Copies 1 $8.00 $8.00 $ 8.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 4/21/2015 Client Charges - TRI-COUNTY PROCESS SERVING Summons & Complaint Niagara Jet Adventrures, LLC Served on 04/21/2015 1 $122.00 $122.00 $ 122.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 5/11/2015 Messenger 0 $0.00 $0.00 $ - - 5/11/2015 Copying 114 $20.52 $20.52 $ 20.52 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 125 5/11/2015 Copying 135 $24.30 $24.30 $ 24.30 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 5/11/2015 Copying 46 $8.28 $8.28 $ 8.28 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 5/15/2015 Copying 6 $1.08 $1.08 $ 1.08 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/1/2015 Copying 31 $5.58 $5.58 $ 5.58 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/2/2015 Copying 12 $2.16 $2.16 $ 2.16 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/17/2015 Copying 5 $0.90 $0.90 $ 0.90 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/17/2015 Copying 159 $28.62 $28.62 $ 28.62 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/18/2015 Messenger 0 $0.00 $0.00 $ - - 6/23/2015 Copying 28 $5.04 $5.04 $ 5.04 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 126 6/29/2015 Copying 15 $2.70 $2.70 $ 2.70 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/29/2015 Copying 38 $6.84 $6.84 $ 6.84 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/29/2015 Copying 4 $0.72 $0.72 $ 0.72 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 6/29/2015 Copying 26 $4.68 $4.68 $ 4.68 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 7/17/2015 Messenger 0 $0.00 $0.00 $ - - 8/12/2015 Messenger 1 $18.00 $18.00 $ 18.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) 8/13/2015 Messenger 1 $18.00 $18.00 $ 18.00 Disallowed (Court cannot determine whether services provided are reasonable pursuant to section 503(b)(4); Creditors failed to meet their burden that services provided related to the criminal case or substantially contributed to case) $0.00 in costs allowed