Bankr. S.D. Ohio cuts bankruptcy fee award, including for missing contemporaneous records

What happened

Gardner Legal, LLC d/b/a Option 1 Legal sought fees in the bankruptcy case of Arlene Huff. The court, through Judge Nami Khorrami, reduced the request by $106.95 because the firm does not maintain time records for any of the services it provides to its clients, including those provided to Ms. Huff. The court applied a further $106.95 reduction because the absence of evidence related to reasonableness factors made it impossible to evaluate the fees incurred after October 31, 2023.

What the court said

Option 1 Legal does not maintain time records for any of the services it provides to its clients, and this is true for the services it provided to Ms. Huff.

The court also reduced the award for: other.

Why it matters

The ruling shows that a fee applicant's lack of contemporaneous time records can draw a specific reduction even in a bankruptcy fee request, and that missing evidence on reasonableness factors can support a separate cut. Courts expect time records and supporting evidence before awarding fees.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

Cite this ruling

See hourly rates the Bankr. S.D. Ohio approves.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.