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10000017040

10000017040

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Published by Chapter 11 Dockets

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Published by: Chapter 11 Dockets on Nov 16, 2012
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12/04/2012

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We note that the total of the fees requested in JLM’s prior interim applications is$111,279.00. In arriving at the figure for which it seeks final approval in the Application, JLMhas deducted from this amount $3,257.40 of the $3,257.50 in reductions that were either orderedby the Court for the First and Second Interim Periods or recommended by us for the Fifth InterimPeriod. These prior periods are discussed in more detail in paragraph 5. We note that the Courthas ruled on the First through Sixth Interim Periods. The Court has not yet ruled, however, onJLM’s Fifth Interim Period Application. JLM does not seek allowance of fees for any period
FEE AUDITOR’S FINAL REPORT
- Page 1pac FR Jensen Final 3.09-6.10.wpd
IN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF DELAWAREIn Re:)Chapter 11)PACIFIC ENERGY RESOURCES,)Case No. 09-10785 (KJC)LTD.,
et al.
,))(Jointly Administered)Debtors.)FEE AUDITOR’S FINAL REPORT REGARDING FINAL FEE APPLICATION OFJENSEN LUNNEY McINNES LAW CORPORATION AND TODD McMAHON, INC.,FOR COMPENSATION AND REIMBURSEMENT OF EXPENSESFOR THE PERIOD OF MARCH 9, 2009 THROUGH JUNE 30, 2010
This is the final report of Warren H. Smith & Associates, P.C., acting in its capacity as feeauditor in the above-captioned bankruptcy proceedings, regarding the Final Fee Application of Jensen Lunney MacInnes Law Corporation and Todd McMahon, Inc., for Compensation andReimbursement of Expenses for the Period of March 9, 2009 through June 30, 2010 (the“Application”).
BACKGROUND
1.Jensen Lunny MacInnes Law Corporation (“JLM”) was retained as Canadian counselto the debtors-in-possession, and Todd McMahon, Inc. (“McMahon”), was appointed monitor bythe British Columbia Supreme Court. In the Application, JLM seeks final approval of fees totaling$108,021.60
1
(Canadian) and expenses totaling $19,388.21
2
(Canadian) for its services from March
 
after the Sixth Interim Period.
2
We note that the total of the expenses requested in JLM’s prior interim applications is$24,479.18. In arriving at the figure for which it seeks final approval in the Application, JLMhas deducted from this amount all but $233.07 of the $5,324.04 in reductions that were eitherordered by the Court for the First and Second Interim Periods or recommended by us for theFifth Interim Period. These prior periods are discussed in more detail in paragraph 5. We notethat the Court has ruled on the First through Sixth Interim Periods. The Court has not yet ruled,however, on JLM’s Fifth Interim Period Application. JLM does not seek allowance of expensesfor any period after the Sixth Interim Period.
3
We note that the total of the fees requested in McMahon’s prior interim applications is$40,750.00. There were no reductions recommended by us or ordered by the Court for any priorperiods. The amount requested in the Application appears to have been increased through theinclusion of the previously-approved expenses in the total. We note that the Court has ruled onthe First through Sixth Interim Periods. The Court has not yet ruled, however, on McMahon’sFifth Interim Period Application. McMahon does not seek allowance of fees for any period afterthe Sixth Interim Period.
4
We note that the total of the expenses requested in McMahon’s prior interimapplications is $1,250.00. There were no reductions recommended by us or ordered by the Courtfor any prior periods. However, in the Application, the previously-approved expenses haveapparently been re-categorized and placed in the fee category. We note that the Court has ruledon the First through Sixth Interim Periods. The Court has not yet ruled, however, onMcMahon’s Fifth Interim Period Application. McMahon does not seek allowance of expensesfor any period after the Sixth Interim Period.
FEE AUDITOR’S FINAL REPORT
- Page 2pac FR Jensen Final 3.09-6.10.wpd
9, 2009 through June 30, 2010 (the “Final Application Period”), and McMahon seeks final approvalof fees totaling $42,000
3
(Canadian) and expenses totaling $0.00
4
for his services during the FinalApplication Period.2.In conducting this audit and reaching the conclusions and recommendationscontained herein, we reviewed in detail the Application in its entirety, including each of the time andexpense entries included in the exhibits to the Application, for compliance with Local Rule 2016-2of the Local Rules of the United States Bankruptcy Court for the District of Delaware, AmendedEffective February 1, 2011, and the United States Trustee Guidelines for Reviewing Applications
 
FEE AUDITOR’S FINAL REPORT
- Page 3pac FR Jensen Final 3.09-6.10.wpd
for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330, Issued January 30,1996 (the “Guidelines”), as well as for consistency with precedent established in the United StatesBankruptcy Court for the District of Delaware, the United States District Court for the District of Delaware, and the Third Circuit Court of Appeals. We served on JLM and McMahon an initialreport based on our review, and received a response from JLM and McMahon, portions of whichresponse are quoted herein.
DISCUSSIONFinal Application Period
3.In our initial report, we noted that, in the Application, McMahon requests a finalaward of $42,000.00 in compensation and $0.00 in expenses. We further noted, however, that theprior applications for the First and Fifth Interim Periods requested interim allowance of $40,750.00in fees and $1,250 in expenses. While we had, and have, no objection to those fees and expenses,or a total award of $42,000.00, we asked McMahon to clarify his request and re-categorize theseamounts or explain why the full amount requested should be classified as compensation. McMahonprovided the following response:With respect to paragraph 3 of the Auditor's Report, the proper categorization of theamounts is $40,000.00 in fees and $2,000.00 in expenses. The expenses consist of 5% PST (tax) which the auditor is obliged, by law to collect and remit to theProvincial Government.The first interim fee application requested fees of $25,000.00, and taxes of $1,250.00, being 5%.The interim application for the fifth interim period sought fees of $15,000.00, andtaxes of $750.00, being 5%.We appreciate McMahon’s response.4.In footnote 1 above, we note a ten-cent discrepancy in JLM’s fee request that appears

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