represent post petition lenders, secured creditors
and other interested parties in bankruptcy
proceedings where the reasonableness of
professional fees are an issue.
fees in complicated bankruptcy cases, can reach
hundreds of millions of dollars and in this
difficult economic climate. Various parties faced
with the responsibility of paying these fees are
naturally concerned about possible excesses or
inefficiencies. For example, in considering
whether to object to another party’s fee
application, the following questions should be
any of the firms unreasonably raise their
hourly rates contrary to the engagement letter
and case law?
any of the firms engage in block billing or
vague entries contrary to UST Guidelines and
well established case law?
any of the firms bill for clerical work or
other activity considered overhead?
any firms over-staff the case or send multiple
attorneys to hearings contrary to local rules
and case law?
any of the firms bill for preparing their fee
application which some courts have disallowed?
you represent a client in a bankruptcy matter who
may be opposing a fee application, click here for
my article titled “Billing
Guidelines and Fee Disputes: A Case Law Review”.
the past fifteen years, Jim Schratz and Associates
has specialized in analyzing hundreds of millions
of dollars in fee applications with excellent
In February 2010, in Department
of Fair Employment and Housing v. United Dominion
Realty (Case Nos. 07CC12067, 02CC12069), the
court accepted our audit findings, stating that:
awarding fees in these amounts, the court has
fully accepted the declaration of James
P. Schratz in opposition to the motion,
including all of his recommended reductions. The
court finds his qualifications
to be impressive. Likewise
his reasoning as to why the fees sought are
excessive is persuasive”