632 B.R. 693
Bankr. D. Alaska2021Background
- Debtor George Walton’s Gold & Diamond Co. filed Chapter 7 after the owner’s death; substantial jewelry inventory remained on the premises.
- Trustee retained attorney William Artus the day after the petition; Artus billed $400/hr and sought $30,220 in fees and $235.20 in costs.
- Trustee decided to keep inventory in the store safe pending an online auction; Artus assisted in arranging and obtaining approval for the auction.
- The U.S. Trustee (UST) objected to 24.54 hours ($9,780) of Artus’s billing as noncompensable administrative work (inventory coordination, insurance, auction logistics, security/travel, photographing).
- The court previously approved uncontested portions ($20,440.00 + costs); this decision addresses the challenged 24.54 hours.
- The court disallowed most challenged time as trustee duties not legal services, but allowed 3.2 hours ($1,280) for early case meetings and a buyer-call.
Issues
| Issue | U.S. Trustee's Argument | Artus / Trustee's Argument | Held |
|---|---|---|---|
| Whether attorney fees may be charged for inventory/insurance/auction coordination and other routine estate administration | Time spent coordinating inventory, insurance, auction, securing premises, and travel (24.54 hrs) are administrative trustee duties and thus noncompensable | Tasks were done at the Trustee’s request and necessary to protect estate; counsel should be paid | Sustained: majority of challenged entries are nonlegal trustee duties and not compensable under §§ 327/330; disallowed most fees. |
| Whether early case meetings and limited communications are compensable legal work | Objected to some early entries as administrative | Early meetings and a call were necessary to understand and manage the representation and to deal with a potential buyer’s counsel | Overruled in part: allowed 3.2 hours ($1,280) for initial meetings (April 7 & 9) and a June 23 call; all other challenged time disallowed. |
Key Cases Cited
- In re Garcia, 335 B.R. 717 (B.A.P. 9th Cir. 2005) (attorneys compensable only for services requiring expertise beyond ordinary trustee duties)
- In re Perkins, 244 B.R. 835 (Bankr. D. Mont. 2000) (attorney may not be paid for performing trustee fiduciary duties)
- In re Crutcher Transfer Line, Inc., 20 B.R. 705 (Bankr. W.D. Ky. 1982) (same principle disallowing fees for trustee functions)
- In re McKenna, 93 B.R. 238 (Bankr. E.D. Cal. 1988) (distinguishing legal services from routine administration)
- Unsecured Creditors’ Comm. v. Puget Sound Plywood, Inc., 924 F.2d 955 (9th Cir. 1991) (compensability depends on whether services are legal rather than administrative)
- In re Virissimo, 354 B.R. 284 (Bankr. D. Nev. 2006) (threshold inquiry: were services legal services?)
- In re Meade Land & Dev. Co., 527 F.2d 280 (3d Cir. 1975) (attorneys not entitled to compensation for assuming trustee duties)
- In re Lexington Hearth Lamp & Leisure, LLC, 402 B.R. 135 (Bankr. M.D.N.C. 2009) (routine estate administration is generally a trustee duty)
