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In re Haines

Citations: 150 B.R. 827; 1993 Bankr. LEXIS 289; 1993 WL 49923Docket: Bankruptcy No. 88-2184-BKC-3P7

Court: United States Bankruptcy Court, M.D. Florida; February 22, 1993; Us Bankruptcy; United States Bankruptcy Court

Narrative Opinion Summary

In this case, an attorney serving as special counsel for a Chapter 7 trustee sought compensation for legal services rendered in recovering a preferential transfer. The attorney requested $1,950.00 for 9.1 hours of work, based on a rate of $150.00 per hour. The United States Trustee objected, questioning the reasonableness of the requested rate. The court, guided by 11 U.S.C. § 330(a), assessed the request against the backdrop of actual services rendered and historical rates. It found the hours and rate reasonable, particularly as they aligned with previous rates charged by the attorney during 1988-1989. The court applied the lodestar method, multiplying the reasonable hourly rate by the hours worked, and awarded $1,365.00 in attorney's fees. The attorney's request for expenses was withdrawn. The court's decision reflects adherence to statutory guidelines for determining reasonable compensation, ensuring fees are commensurate with the services provided and consistent with established precedents. A separate order will formalize the granting of the calculated attorney's fees.

Legal Issues Addressed

Attorney Fee Compensation under 11 U.S.C. § 330(a)

Application: The court applied 11 U.S.C. § 330(a) to determine the reasonableness of attorney's fees, focusing on the actual services rendered and aligning with historical rates.

Reasoning: The court ruled that compensation for a trustee's attorney is governed by 11 U.S.C. § 330(a), which allows for reasonable fees based on actual services rendered.

Lodestar Calculation for Attorney Fees

Application: The court used the lodestar method to calculate the attorney’s fees, confirming that the product of the reasonable hours and rate was appropriate without evidence to suggest an increase.

Reasoning: Calculating the lodestar, the court determined the appropriate attorney’s fee to be $1,365.00 (9.1 hours x $150.00 per hour).

Reasonableness of Attorney’s Fees

Application: The court evaluated the reasonableness of both the hours worked and the hourly rate charged by the attorney, finding both to be reasonable in this case.

Reasoning: The court found that 9.1 hours spent was reasonable and that Bergwerk's requested hourly rate of $150.00 was also reasonable, aligning with his previous rates of $125.00 during 1988-1989.