Bankr. W.D. New York cuts bankruptcy fee award 28.7%, including for vague entries
Brandon W. Stevens and Elizabeth S. Stevens, No. 2:22-bk-20579. United States Bankruptcy Court, W.D. New York, Judge Paul R. Warren. Decided . Read the opinion
- Requested
- $5,590
- Awarded
- $3,985
- Cut
- 28.7%$1,605
Bankruptcy
What happened
Debtor's counsel requested $5,590 in fees for 30.7 hours. The court awarded $3,985, a reduction of $1,605 or 28.7%, and allowed 12.3 hours. It reduced time for entries it found unacceptably vague, for clerical tasks billed as legal work, for hours excessive for the task, and for work needed to correct counsel's own errors. The court also limited the administrative expense claim to a maximum of 50% of the agreed full case no-look fee amount.
What the court said
the entries are unacceptably vague (e.g. "emails")
or for services that are clerical in nature (e.g. "file")
The court also reduced the award for: excessive hours, other, other.
Why it matters
The ruling shows that bankruptcy courts will examine each time entry and cut hours described only in general terms, hours for clerical tasks, and hours spent fixing the applicant's own mistakes. It also shows courts may cap administrative expense claims by reference to an agreed no-look fee rather than the hours billed.
How to keep this out of your fee petition
- Name the task, the document or person involved, and the purpose.
- Avoid stock phrases that could describe any day in any matter.
- Keep privileged detail general, but specific enough to show the work.
Cite this ruling
Brandon W. Stevens and Elizabeth S. Stevens, No. 2:22-bk-20579 (Bankr. W.D.N.Y. Mar. 6, 2024) 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.
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