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Opinion 339

Case Name: 

In re CF&I Fabricators of Utah, Inc., 131 B.R. 474 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Sep-18-1991
Case Number(s): 
90B-6721
Status: 

PUBLISHED

Body: 

In a jointly administered case, professionals sought compensation for services from the estates of the chapter 11 debtors-in-possession. The court held that time reasonably spent preparing fee applications is compensable at normal hourly rates, and is neither subject to a percentage limitation nor an across-the-board discount, provided that the estate is billed only for time spent (1) preparing the fee application pleading, including the narrative section, at the
lowest applicable hourly rate; (2) exercising billing judgment while reviewing the application; and (3) responding to objections and attending the hearing on allowance of the fee application. Customary overhead charges such as reviewing time records for accuracy, posting accumulated time records, and compiling the billing statement, are non-compensable charges. The court also held that, if services provided to the estate by a paraprofessional are clerical in nature and would traditionally be charged to overhead in a non-bankruptcy case, they are non-compensable. Finally, the court found that telecopier charges should reflect the actual cost to the estate of long distance telephone rates and supplies and should not produce a profit for the applicant.

Internal Ref: 
Opinion 339
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