You are on page 1of 15

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 1 of 15

Main Document

Hearing Date and Time: October 17, 2012 at 10:00 a.m. Objection Deadline: October 11, 2012 at 4:00 p.m.

Kubasiak, Fylstra, Thorpe & Rotunno, P.C. Two First National Plaza 20 South Clark Street, 29th Floor Chicago, IL 60603 Telephone: (312) 630-9600 Fax: (312) 630-7939 Douglass G. Hewitt, Esq. Special Counsel to the Official Committee of Unsecured Creditors UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. Case No. 11-22820 (RDD) (Jointly Administered)

FIRST INTERIM APPLICATION OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. FOR COMPENSATION FOR SERVICES RENDERED AS SPECIAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR THE PERIOD FROM MAY 5, 2012 THROUGH JULY 31, 2012 Name of Applicant: Role in Cases: Kubasiak, Fylstra, Thorpe & Rotunno, P.C. Legal Counsel to the Official Committee of Unsecured Creditors May 5, 2012

Date of Retention: Period for Which Compensation and Reimbursement is Sought: Amount of Compensation Sought as Actual, Reasonable and Necessary: Amount of Expense Reimbursement Sought as Actual, Reasonable and Necessary: Total Amount Sought:

May 5, 2012 through July 31, 2012

$ 1,984.50

$ 1,984.50 $ 1,984.50

DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 2 of 15

Main Document

Aggregate Amounts Paid to Date: Amount of Compensation Unpaid: Amount of Expenses Unpaid: Prior Applications: This is an: X Interim

$ 0.00 $ 0.00 $ 0.00 N/A Final Application

2
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 3 of 15

Main Document

Hearing Date and Time: October 17, 2012 at 10:00 a.m. Objection Deadline: October 11, 2012 at 4:00 p.m.

Kubasiak, Fylstra, Thorpe & Rotunno, P.C. Two First National Plaza 20 South Clark Street, 29th Floor Chicago, IL 60603 Telephone: (312) 630-9600 Fax: (312) 630-7939 Douglass G. Hewitt Special Counsel to the Official Committee of Unsecured Creditors UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. FIRST INTERIM APPLICATION OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. FOR COMPENSATION FOR SERVICES RENDERED AS SPECIAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR THE PERIOD FROM MAY 5, 2012 THROUGH JULY 31, 2012 Case No. 11-22820 (RDD) (Jointly Administered)

Kubasiak, Fylstra, Thorpe & Rotunno, P.C. (KFT&R), special counsel to the Official Committee of Unsecured Creditors (the Committee) appointed in the above-captioned cases (the Cases) of The Christian Brothers Institute (CBI) and The Christian Brothers of Ireland, Inc. (CBOI and, collectively with CBI, the Debtors), submits this first interim fee application (the Application) seeking allowance of compensation for professional services rendered by KFT&R to the Committee for the period from May 5, 2012 through July 31, 2012 (the Compensation Period) pursuant to section 330(a) of Title 11 of the United States Code (the Bankruptcy Code), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), the United States Trustee Guidelines for Reviewing Applications for

DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 4 of 15

Main Document

Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. 330, adopted on January 30, 1996 (the UST Guidelines), and General Order M-389, Amended Guidelines for Fees and Disbursements for Professionals in Southern District of New York Bankruptcy Cases (the Local Guidelines and, collectively with the UST Guidelines, the Guidelines). In support of this Application, KFT&R respectfully states as follows: I. 1. JURISDICTION

The Court has jurisdiction over this Application pursuant to 28 U.S.C.

157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue of this proceeding and this Application is proper in this District pursuant to 28 U.S.C. 1408 and 1409. 2. The statutory bases for the relief requested herein are sections 328, 504,

1102, and 1103 of title 11 of the United States Code (the Bankruptcy Code), and Rules 2014 and 2016 of the Federal Rule of Bankruptcy Procedure (the Bankruptcy Rules). II. 3. BACKGROUND

On April 28, 2011, the Debtors filed voluntary petitions for relief under

chapter 11 of the Bankruptcy Code. The Debtors have continued in the possession of their properties and have continued to operate and manage their businesses as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in these Cases. The purpose of these Cases is to address the Debtors liabilities for abuse perpetrated by Christian Brothers or others for whom the Debtors are responsible. 4. On May 11, 2011 the United States Trustee for District 2 (the U.S.

Trustee) appointed the Committee pursuant to section 1102 of the Bankruptcy Code. 2
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 5 of 15

Main Document

5.

The Committee retained Pachulski Stang Ziehl & Jones LLP (PSZJ) as

counsel to represent the Committee in all matters during the pendency of the Bankruptcy Cases. 6. After the Committees appointment as its legal counsel in these cases, the

Committee determined to retain KFT&R as special counsel to advise the Committee with respect to enforcing a subpoena issued by the Committee to Community Support Corporation (CSC), an affiliate of the Debtors and/or the Christian Brothers, located in the Northern District of Illinois.

RETENTION OF KFT&R 7. On June 8, 2012, the Committee filed the Application of the Official Committee of

Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Kubasiak, Fylstra, Thorpe & Rotunno, P.C. as Legal Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to May 7, 2012 [Docket No. 343]. KFT&R has been retained to advise and represent the committee with respect to enforcing a subpoena issued to CSC in the Northern District of Illinois (the CSC Subpoena). 8. On August 2, 2011, the Court entered its Order Pursuant to 11

U.S.C.105(a)330 and 331 Establishing Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals (the Monthly Compensation Order) [Docket No. 64]. KFT&R has not applied for compensation pursuant to the Monthly Compensation Order. RELIEF REQUESTED 9. By this Application, KFT&R requests approval of fees in the amount of $1,984.50

for 4.9 hours of services rendered during the Compensation Period.

3
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 6 of 15

Main Document

10.

All of the services provided by KFT&R were provided by Douglass G. Hewitt.

All of the professional services rendered by KFT&R for which compensation is requested were rendered solely in connection with KFT&Rs representation of Committee. All services were performed in a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed. 11. Annexed hereto as Exhibit A is the invoice submitted by KFT&R to the

Committee, which indicates the time expended by KFT&R, its professionals hourly rates, and the total amount of fees charged. COMPENSATION PAID AND ITS SOURCE 12. All services for which KFT&R requests compensation were performed for or on

behalf of the Committee. The sources of KFT&Rs compensation in the Debtors Cases are the Debtors and their assets. 13. Pursuant to Bankruptcy Rule 2016(b), there is no agreement or understanding

between KFT&R and any other entity for the sharing of compensation to be received for services rendered in the Debtors Cases. KFT&R did not receive a retainer in these Cases. DESCRIPTION OF SERVICES PROVIDED 14. All services performed by KFT&R during the Compensation Period relate to legal

matters affecting the Debtors and their creditors, including, without limitation, enforcement of the CSC Subpoena. THE REQUESTED COMPENSATION SHOULD BE ALLOWED 15. Section 330 of the Bankruptcy Code provides that the Court may award

professionals employed under section 327 or 1103 of the Bankruptcy Code: a. reasonable compensation for actual, necessary services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by any such person; and 4
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 7 of 15

Main Document

b. 11 U.S.C. 330(a)(1). 16.

reimbursement for actual, necessary expenses.

In determining the amount of reasonable compensation to be awarded, the Court

shall consider the nature, the extent, and the value of such services, taking into account all relevant factors, including: a. b. c. the time spent on such services; the rates charged for such services; whether the services were necessary to the administration of, or beneficial at the time the service was rendered toward the completion of, a case under the Bankruptcy Code; whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed; with respect to a professional person, whether the person is board certified or otherwise has demonstrated skill and experience in the bankruptcy field; and whether the compensation is reasonable, based on the customary compensation charged by comparably skilled practitioners in cases other than cases under this title.

d.

e.

f.

11 U.S.C. 330(a)(3)(A)-(F). 17. KFT&R respectfully submits that it has satisfied the requirements for the

allowance of the compensation and reimbursement of expenses sought herein. The services described above, at the time they were provided, were necessary and beneficial to the Committees administration of the Debtors Cases. KFT&Rs services were consistently performed in a timely manner, commensurate with the complexity of the issues facing the Committee and the nature and importance of the problem, issues, and tasks. Furthermore, the compensation sought by KFT&R is reasonable because it is based on the customary compensation charged by comparably skilled practitioners outside of bankruptcy. Moreover, 5
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 8 of 15

Main Document

KFT&Rs presence in the Northern District of Illinois and familiarity with local rules and practice has provided efficiency to the Committee in enforcing the CSC Subpoena. 18. Accordingly, approval of the compensation sought herein is warranted. NOTICE 19. Notice of this Application and its exhibits will be given to: (i) counsel to the

Debtors; (ii) the U.S. Trustee; (iii) lead counsel to the Committee; (iv); and other parties entitled to receive notice of this Application. KFT&R respectfully submits that no other or further notice is required. CONCLUSION WHEREFORE, KFT&R respectfully requests that the Court enter an order (i) allowing compensation of $1,984.50 to KFT&R for professional services rendered as legal counsel to the Committee for the Compensation Period; (ii) authorizing the Committee to pay to KFT&R any and all unpaid amounts for the Compensation Period in the amount of $1,984.50; and (iii) granting to KFT&R such other and further relief as the Court may deem proper. Dated: Chicago, Illinois October 11, 2012 KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. /s/ Douglass G. Hewitt Douglass G. Hewitt Two First National Plaza 20 South Clark Street, 29th Floor Chicago, IL 60603 Telephone: (312) 630-9600 Special Counsel to the Official Committee of Unsecured Creditors

6
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 9 of 15

Main Document

EXHIBIT A
INVOICE FOR PERIOD FROM MAY 7, 2012 THROUGH JULY 31, 2012

DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 10 of 15

Main Document

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 11 of 15

Main Document

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 12 of 15

Main Document

EXHIBIT B
CERTIFICATION OF DOUGLASS G. HEWITT

DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 13 of 15

Main Document

Kubasiak, Fylstra, Thorpe & Rotunno, P.C. Two First National Plaza 20 South Clark Street, 29th Floor Chicago, IL 60603 Telephone: (312) 630-9600 Fax: (312) 630-7939 Douglass G. Hewitt Special Counsel to the Official Committee of Unsecured Creditors UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. CERTIFICATION UNDER GUIDELINES FOR FEES AND DISBURSEMENTS FOR PROFESSIONALS IN RESPECT OF FIRST INTERIM APPLICATION OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. FOR COMPENSATION FOR SERVICES RENDERED AS LEGAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR THE PERIOD FROM MAY 5, 2012 THROUGH JULY 31, 2012 Case No. 11-22820 (RDD) (Jointly Administered)

I, Douglass G. Hewitt, hereby certify that: 1. I am a shareholder of the Law Offices of Kubasiak, Fylstra, Thorpe & Rotunno,

P.C. (KFT&R), special counsel to the Official Committee of Unsecured Creditors (the Committee) in the above-captioned cases (the Cases). I submit this certification with respect to KFT&Rs compliance with the United States Trustee Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. 330, adopted on January 30, 1996 (the UST Guidelines) and General Order M-389, Amended Guidelines for Fees and Disbursements for Professionals in Southern District of New York Bankruptcy Cases

DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 14 of 15

Main Document

adopted by the Court on November 25, 2009 (the Local Guidelines and, together with the UST Guidelines, the Guidelines). 2. This Certification is made in connection with the First Interim Application of

Kubasiak, Fylstra, Thorpe & Rotunno, P.C. for Compensation of Services Rendered and Reimbursement of Expenses as Legal Counsel to the Official Committee of Unsecured Creditors (the First Fee Application) in accordance with the Local Guidelines. 3. KFT&R has not entered into any agreement, written or oral, express or implied,

with the Office of the United States Trustee (the U.S. Trustee), with the Debtors, with any creditor or any other party in interest, or with any attorney of such person, for the purpose of fixing the amount of any of the fees or other compensation to be allowed out of or paid from the assets of the Debtors, other than as described in the First Fee Application. 4. In accordance with section 504 of Title 11 of the United States Code (the

Bankruptcy Code), no agreement or understanding exists between KFT&R and any other entity or individual for the division of such compensation as KFT&R may receive for services rendered in connection with this case, nor will any division prohibited by section 504 of the Bankruptcy Code be made by KFT&R. 5. I certify that: (i) I have read the First Fee Application; (ii) to the best of my

knowledge, information, and belief formed after reasonable inquiry, the fees sought fall within the Guidelines; and (iii) the fees sought are billed at rates in accordance with those customarily charged by KFT&R and generally accepted by its clients. 6. The Committee, the Debtors, counsel to the Committee, the Liquidation Trustee,

and the U.S. Trustee are being served with a copy of the First Fee Application.

2
DOCS_NY:28218.2 14012-002

11-22820-rdd

Doc 461

Filed 10/11/12 Entered 10/11/12 16:25:58 Pg 15 of 15

Main Document

Dated:

Chicago, Illinois October 11, 2012

KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. /s/ Douglass G. Hewitt Douglass G. Hewitt Two First National Plaza 20 South Clark Street, 29th Floor Chicago, IL 60603 Telephone: (312) 630-9600 Special Counsel to the Official Committee of Unsecured Creditors

3
DOCS_NY:28218.2 14012-002