Erwin A. Cain, p.c. Files this its Response to debtors' twenty-seventh omnibus Objection (substantive) TO CERTAIN overstated claims. Basis for claimant's claim, $909.15, is for legal fees attributable to work conducted prior to the undersigned being advised of the bankruptcy.
Erwin A. Cain, p.c. Files this its Response to debtors' twenty-seventh omnibus Objection (substantive) TO CERTAIN overstated claims. Basis for claimant's claim, $909.15, is for legal fees attributable to work conducted prior to the undersigned being advised of the bankruptcy.
Erwin A. Cain, p.c. Files this its Response to debtors' twenty-seventh omnibus Objection (substantive) TO CERTAIN overstated claims. Basis for claimant's claim, $909.15, is for legal fees attributable to work conducted prior to the undersigned being advised of the bankruptcy.
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11 ) MERVYNS HOLDINGS, LLC, et al., ) Case No. 08-11586(KG) ) Debtors. ) Jointly Administered ) ) Objection Deadline: May 12, 2010 at 4:00 p.m. ) Hearing Date: May 19, 2010 at 10:00 a.m. (EDT)
ERWIN A. CAIN, P.C.S RESPONSE TO DEBTORS TWENTY-SEVENTH OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN (C) OVERSTATED CLAIMS AND MOTION TO (I) RECLASSIFY, (II) REDUCE AND RECLASSIFY OR EXPUNGE SUCH CLAIMS, OR (III) REDUCE OR EXPUNGE SUCH CLAIMS
COMES NOW, ERWIN A. CAIN, P.C. and files this its Response to Debtors Twenty- Seventh Omnibus Objection (Substantive) to Certain (C) Overstated Claims and Motion to (I) Reclassify, (II) Reduce and Reclassify or Expunge Such Claims, or (III) Reduce or Expunge Such Claims, and would show the Court as follows: 1. Name of Claimant and Description of Basis for the amount of Claimants Claim.
Claimant is Erwin A. Cain, P.C. The basis for the amount of claimants claim, $909.15, is: the amount is for legal fees attributable to work conducted prior to the undersigned being advised of the bankruptcy, attributable to work for filing the Suggestion of Bankruptcy, and attributable to work done to enable this litigation to be closed without payment of damages by the Debtor despite a prior agreement to pay certain sums in settlement.
2. Concise Statement setting forth the reasons why such claim should not be disallowed for the reasons set forth in the Objection, including, but not limited to, the specific factual and legal bases upon which the claimant will rely in opposing the Objection.
The fees which are the basis of the claim were reasonable in fact, quite nominal for the work performed, and the legal work was necessary to protect the Debtors interests in this state court litigation. Further, the legal work performed resulted in the closure of the state court litigation without a settlement or damages payment by the Debtor, despite a pre-bankruptcy agreement to contribute $11,250 toward the settlement. 0q/v*%+!+ 0811586100511000000000001 Docket #4866 Date Filed: 5/11/2010 ________________________________________________________________________________________________________ RESPONSE TO OBJECTION PAGE 2
3. All documentation or other evidence of the claim.
See attached.
Respectfully Submitted,
By: /s/ Michael G. Lee Erwin A. Cain State Bar No. 03609050 ecain@cainlawfirm.com Michael G. Lee State Bar No. 12129550 mlee@cainlawfirm.com
ERWIN A. CAIN, P.C. 9400 N. Central Expressway Suite 250 Dallas, Texas 75231 (972) 437-4444 Telephone (972) 437-4470 Facsimile
CERTIFICATE OF SERVICE
This is to certify that on this the 11th day of May, 2010, a true and correct copy of the foregoing document was sent, pursuant to FRCP 5, to all counsel via the Courts electronic case filing system.
/s/ Michael G. Lee Erwin A. Cain/Michael G. Lee
P.O. Box 577 _______ ____________ TX Invoice submitted to: Glen Wortman Sedgwick CMS PO Box 4276 Walnut Creek CA 94596 November 11, 2008 In Reference To:RE: Genaro Basurto, et al. v. Mervyn's, LLC Claim: 496169 DOL: 09/17/05 Invoice #12054 Professional Services Erwin A. Cain EAC Partner $175.00/hr Michael G. Lee MGL Partner $165.00/hr EAC 0.4 hrs $ 70.00 MGL 4.9 hrs $ 808.50 Total: 5.3 hrs $ 878.50 8/1/2008 EAC Telephone conference with Kone's attorney about paying checks for settlement. EAC Telephone call to Rob Ramage regarding settlement. 8/6/2008 ML Review and analyze the Final Judgment which Plaintiffs and KONE had entered which does not reference Mervyn's. ML Extended phone conversation with Adam Gallegos, re why the case settled with a prove up, not inviting us. ML Phone call from Adam Gal/egos, new attorney for KONE, re the settlement. ML Phone call to Adam Gallegos, explaining what steps must be undertaken by KONE and Plaintiffs to release and get a judgment protecting Mervyn's. 8/7/2008 ML Review and analyze email from Adam Gallegos, re new proposed settlement agreement and agreed judgment. 8/8/2008 EAC Email to Glen regarding status. 8/11/2008 ML Prepare extensive email to Adam Gallegos, forwarding my proposed revisions to the revised settlement papers. (972) 437-4444 Hrs/Rate Amount 0.10 175.00/hr 17.50 0.10 175.00/hr 17.50 0.40 165.00/hr 66.00 0.40 165.00/hr 66.00 0.30 165.00/hr 49.50 0.20 165.00/hr 33.00 0.50 165.00/hr 82.50 0.10 175.00/hr 17.50 0.50 165.00/hr 82.50 2 Glen Wortman 8/14/2008 MGL Letter to Talim Song and Adam Gallegos regarding bankruptcy. 8/15/2008 EAC Review email from Colleen about Notice of Bankruptcy filing and Form Notice to opposing counsel. ML Prepare emails to counsel, advising them of Mervyn's bankruptcy, and prepare fax letter re same. ML Phone calls to counsel advising them of Mervyn's bankruptcy. 8/28/2008 ML Prepare Suggestion of Bankruptcy. 9/17/2008 ML Review and analyze email from Colleen Dahle-Hong re the Suggestion of Bankruptcy. ML Review and analyze follow-up email from Colleen Dahle-Hong, requesting copy of the Dismissal paperwork. ML Review and analyze further follow-up email from Colleen Dahle-Hong re the suggestion of bankruptcy in light of the dismissal. ML Prepare email to Colleen Dahle-Hong re the Suggestion of Bankruptcy. ML Prepare email to Colleen Dahle-Hong re the Motion for Nonsuit and the court's Order closing the case. 9/25/2008 ML Review and revise the Suggestion of Bankruptcy, and prepare letter to the court. 9/29/2008 ML Phone call to the court coordinator, re the efforts of Kane to have the case reopened in a hearing today, for purpose of entering a new jUdgment, asking her to remind the court that Mervyn's is in bankruptcy and no action can be taken adverse to Mervyn's. 10/22/2008 ML Prepare letter to the state court clerk, resending the Suggestion of Bankruptcy. Page Hrs/Rate Amount 0.20 165.00/hr 33.00 0.10 175.00/hr 17.50 0.30 165.00/hr 49.50 0.30 165.00/hr 49.50 0.30 165.00/hr 49.50 0.10 165.00/hr 16.50 0.10 165.00/hr 16.50 0.10 165.00/hr 16.50 0.10 165.00/hr 16.50 0.20 165.00/hr 33.00 0.20 165.00/hr 33.00 0.20 165.00/hr 33.00 0.20 165.00/hr 33.00 Glen Wortman 10/22/2008 ML Phone call to the court clerk re the status of the filing of the Suggestion of Bankruptcy. 10/28/2008 ML Review and analyze the filed copy of the Suggestion of Bankruptcy, and prepare email to Colleen Dahle-Hong re forwarding same. For professional services rendered Additional Charges: 9/2/2008 Copies Fax charges. 9/30/2008 Copies 10/31/2008 Copies Total costs Total amount of this bill Previous balance 8/11/2008 Payment - thank you Total payments and adjustments Balance due HrslRate 0.10 165.00/hr 0.20 165.00/hr 5.30 Page 3 Amount 16.50 33.00 $878.50 11.40 18.50 0.15 0.60 $30.65 $909.15 $289.39 ($289.39) ($289.39) $909.15 Tax 10 No. 75-2622570
In Re Electronic Metal Products, Inc., A/K/A Advanced MacHining Co., Debtor. Electronic Metal Products, Inc., A/K/A Advanced MacHining Co. v. Howard Bittman, 916 F.2d 1502, 10th Cir. (1990)