Ricardo Borrego
24-51513
Bankr. E.D. Mich.Apr 13, 2025Background
- Osipov Bigelman, P.C. was initially retained to represent the Debtor, Ricardo Borrego, in a Chapter 11 bankruptcy case.
- The firm prepared and filed all required filings and represented the Debtor at critical proceedings, including creditor meetings.
- After a breakdown in the attorney-client relationship, Osipov Bigelman, P.C. withdrew, and Strobl PLLC was substituted as counsel.
- Osipov Bigelman, P.C. applied for $31,275 in attorney fees and $1,801.45 in expenses.
- Strobl PLLC objected to the fee application, but their objection was filed six days past the 21-day deadline set under local rules.
- The court reviewed the fee application for reasonableness under the lodestar method despite the untimeliness of the objection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Objection | Strobl: Sought to object to fees | Osipov: Objection was untimely | Objection untimely, overruled |
| Reasonableness of Fees | Strobl: Implied fees were unreasonable | Osipov: Fees/reported hours reasonable | Fees and hours are reasonable |
| Notice Requirement | Strobl: Did not dispute notice | Osipov: Notice was proper via ECF/email | Notice was proper and complete |
| Need for Hearing | Strobl: Requested hearing via objection | Osipov: No timely hearing request made | No hearing required; hearing canceled |
Key Cases Cited
- Boddy v. U.S. Bankr. Court (In re Boddy), 950 F.2d 334 (6th Cir. 1991) (establishes the lodestar method as the standard for determining reasonable attorney’s fees in federal bankruptcy cases)
- In re Ozcelebi, 631 B.R. 629 (Bankr. S.D. Tex. 2021) (timely objection is required to contest fee applications)