"Significant Fee Enhancement" Request Almost Causes Judicial Heart Attack


There's been a lot of discussion lately about the bills submitted by receivers and trustees in bankruptcy to compensate lawyers for marshaling up assets.
David notes Vanessa Blum's excellent coverage of the recent hearing before Judge Moreno, where Roberto Martinez argued for an $11 million "enhancement" for his and KTT's work on the MBC receivership.
As reported by Vanessa, the Judge in his usual manner had something funny and charming yet witty to say:
“I needed a defibrillator,” he joked. “We’re talking about a lot of money.”He's right, but to be fair I pulled the final fee app, which you can review here.
Roberto basically argues that his firm and KTT agreed to discount their rates back in 2004, have not sought any increases during the five years of the receivership, and did incredible work very efficiently which resulted in a big distribution to investors. Accordingly, they ask for 10 percent of what they collected as a bonus, which apparently was an option contemplated in the original fee agreements.
Michael Hanzman, who served as counsel in a related class-action case involving MBC, approves:
“If you want to attract the best and the brightest people to take these cases, you have to pay a reasonable fee,” Hanzman said. “This is not a pro bono case.”I think the Judge's comments highlight where he is going with this.
However, I wonder whether these firms could have billed at incrementally higher rates over the last five years and possibly recouped a chunk of this bonus back through regular applications to the Court without ever garnering this kind of headline?
Indeed, consider what's going on with our friend Allen Stanford and his receivership, which is just off the ground and has accrued over $36 million in fees -- or $100,000 a day. Not good.
The Judge also referenced the Supreme Court's recent dismay over how much it costs to litigate cases nowadays, though that involved a fee-shifting statutory question not at issue here.
My own take is this is probably not the best case or the best time to make a request like this, and you definitely do not ever want to make Judge Moreno's eyes boggle if you can avoid it.
Let's see what he does with it.
This entry was posted on at 8:40 AM and is filed under Chief Judge Moreno, Kozyak Tropin, Michael Hanzman, Mutual Benefits Corporation, R. Allen Stanford, Roberto Martinez. You can follow any responses to this entry through the RSS 2.0. You can leave a response.
- No comments yet.
VIP Followers
Info recommended by:
Webpages of law
Popular entries
-
500 Coke employees lost their health insurance the day after they went on strike. The union has sued under ERISA , claiming the action wa...
-
(BY HUGO) Since the beginning of May, the flow of an emissary of Lake Champlain, the Richelieu River, is near or at record level, and a larg...
-
(BY HUGO) On 27 April, the Québec Ministry for Sustainable development, Environment and Parks presented a regulation project on pricing of ...
-
Hydraulic fracturing and shale gas leaks in Québec: New science shed light on the «cow farts» leaks(BY HUGO) Just a quick post to follow up on reports relating to shale gas leaks from wells in Québec. The Québec Ministry for Natural Resour...
-
Well kids it's the end of another work week (unless you are working all weekend or don't have a job at all), so I'm flying the c...
-
(BY HUGO) Les Cahiers de droit just published their issue 3 & 4, Vol. 51, a special issue on water law with many articles exploring int...
-
You know, I find it more than a little annoying that Scott Rothstein has stolen my 3d DCA "bunker" imagery. It's mine, dammit!...
-
Well kids I plan to scoot out of here shortly, to begin my long solemn weekend regimen of prayer , reflection , and expanding my abdomen , s...
-
Former CFO for R. Allen Stanford, Jim Davis, pleaded guilty to fraud yesterday . This is probably not good news for Proskauer's Tom Sjob...
-
Billy Shields has a nice piece on the never-ending saga involving BDO Seidman and the new trial that commenced this week against BDO Intern...