Bankr. W.D. New York cuts bankruptcy fee award 28.7%, including for vague entries | LegalTime AI

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

Vague entries
the entries are unacceptably vague (e.g. "emails")
Clerical work billed as legal work
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.

More rulings like this

All rulings in the Fee Cut Tracker