midpage
Projects
Sign in to see your projects.
632 B.R. 693
Bankr. D. Alaska
2021
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: George Walton's Gold and Diamond Company, Inc
Court Name: United States Bankruptcy Court, D. Alaska
Date Published: Oct 20, 2021
Citations: 632 B.R. 693; 21-00065
Docket Number: 21-00065
Court Abbreviation: Bankr. D. Alaska
Log In