Paul James Hickey and Elizabeth Gould Hickey

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
PACER Cover Sheet
for Electronically Filed Documents
Any data shown here are current as of 	. Any element of information on this form,
except the received date, is subject to change as changes may be made to the Court's official docket.
Case Title:
Case Number:
Document Information
Description:
Date Filed:
Date Entered On
Docket:
Filer Information
Submitted By:
If this form is attached to the document identified above, it serves as an endorsed copy of the
document as it existed on the above date. To confirm that nothing has changed since then,
review the docket.
06/10/06
Paul James Hickey and Elizabeth Gould Hickey
04-19251
Order Granting in Part, Denying in Part [32-1] Application For Compensation (
Fees: $ 7,430.78, Expenses: $ 194.00 for a total of $7,624.78) by Dennis M
Feld. Payment to Dennis M. Feld, atty for dtrs, in the amt of $6105.19 in fees
and $194.00 in expenses, of which $1,786.81 has already been paid.
Received on: 2005-12-13 09:27:18.000
2005-12-13 00:00:00.000
2005-12-13 00:00:00.000
Patti Hennessy
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 1 of 8

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: PAUL HICKEY and
ELIZABETH HICKEY, No. 13-04-19251 MA
Debtor.
ORDER GRANTING, IN PART, and DENYING, IN PART,
APPLICATION FOR ALLOWANCE AND PAYMENT OF
COMPENSATION AND REIMBURSEMENT OF EXPENSES AND COSTS
THIS MATTER is before the Court on the Application for Allowance and Payment of
Compensation and Reimbursement of Expenses and Costs (“Fee Application”) filed by Dennis M.
Feld, attorney for the Debtors, Paul Hickey and Elizabeth Hickey. The Fee Application seeks
approval of attorneys’ fees for the period beginning October 14, 2005 and ending June 14, 2005 in the
total amount of $6,965.00, and costs in the amount of $194.00, plus applicable gross receipts taxes in
the amount of $465.78, for a total requested amount of $7,624.78 as an administrative expense of the
estate. Counsel has received a total of $1,786.81 from or on behalf of the Debtors which has been
applied to the total requested amount, leaving an outstanding balance of $5,837.97. Counsel has not
received any payments from the Chapter 13 Trustee. The Chapter 13 Trustee filed an objection to
the Fee Application on grounds that many tasks performed took excessive amounts of time to
complete. The Court held a final hearing on the Fee Application and took the matter under advisement.
After considering the Fee Application, and being otherwise sufficiently informed, the Court finds that
some of the requested fees and costs must be disallowed. In reaching this determination the Court
FINDS:
1. Pursuant to 11 U.S.C. § 330(a)(4)(B),
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 2 of 8

2
In a chapter 12 or chapter 13 case in which the debtor is an individual, the court may
allow reasonable compensation to the debtor’s attorney for representing the interests of
the debtor in connection with the bankruptcy case based on a consideration of the
benefit and necessity of such services to the debtor and the other factors set forth in this
section.
11 U.S.C. § 330(a)(4)(B).
2. Reasonableness is determined based upon such factors as the amount of time spent on the
service, the rate charged, and whether the services were necessary to the administration of the
bankruptcy estate. 11 U.S.C. § 330(a)(3). Compensation will not be allowed for “unnecessary
duplication of services”, for services that “were not reasonably likely to benefit the estate” nor for
services that are not “necessary to the administration of the case.” 11 U.S.C. § 330(a)(4)(A).
Similarly, when excessive time is billed for uncomplicated matters, the attorney is not entitled to
compensation for the total requested amount despite the fact that the work was actually done. See In
re Colorado-Ute Elec. Ass’n, Inc., 132 B.R. 174, 177 (Bankr.D.Colo. 1991) (“In applying for fees,
attorneys ‘should make a good-faith effort to exclude from a fee request hours that are excessive,
redundant, or otherwise unnecessary.’” (quoting Hensley v. Eckerhart, 461 U.S. 424, 434, 103 S.Ct.
1933, 1939-1940, 76 L.Ed.2d 40 (1983)). In re Reconversion Technologies, Inc., 216 B.R. 46, 56
(Bankr.N.D.Okla. 1997) (In determining the amount of reasonable compensation, the court “should
disallow hours that were 'duplicative, unproductive, excessive, or otherwise unnecessary.’” (quoting In
re Shades of Beauty, Inc., 56 B.R. 946, 951 (Bankr.E.D.N.Y.1986) (citations omitted).
3. The fee applicant bears the burden of showing entitlement to the requested compensation.
See In re Recycling Industries, Inc., 243 B.R. 396, 402 (Bankr.D.Colo. 2000) (“It is well settled that
the burden of proof as to the reasonableness of compensation is on the fee applicant.”); In re Amdura
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 3 of 8

3
Corp., 139 B.R. 963, 968 (Bankr.D.Colo. 1992).
4. Time keeping records submitted in support of a fee application must sufficiently describe the
work performed to enable the Court to determine whether the fees requested are reasonable and
necessary. Amdura, 139 B.R. at 972. Descriptions for completed tasks that are too vague prevents
the Court from determining reasonableness, and may result in the denial of fees for those tasks. Id.
5. Time spent on matters that are clerical in nature is not compensable. See In re Copeland,
154 B.R. 693, 699 (Bankr.W.D.Mich. 1993) (examining fees requested by attorney for chapter 13
debtor, and noting that “The work for which lawyers receive compensation must be legal, not ministerial
or clerical.”). Rather, clerical work is part of office overhead. See Amdura, 139 B.R. at 985. For
example, time spent leaving telephone messages is not compensable as legal work. Copeland, 154
B.R. at 702.
6. Unproductive travel time is not compensable from the bankruptcy estate. See In re Mull,
122 B.R. 763, 767 (Bankr.W.D.Okla. 1991) (citing In re Seneca Oil Co., 65 B.R. 902, 909-910
(Bankr.W.D.Okla. 1986)). Compare Amdura Corp., 139 B.R. at 982-983 (finding that travel time
for out of state counsel to appear was reasonable and necessary, and, therefore compensable).
7. The Court finds that the hourly rates requested in the Fee Application of $175.00 for work
performed by the attorney is reasonable.
8. After review of the itemized billing records attached to the Fee Application, the Court finds
that some entries must be disallowed because they are not reasonable or necessary. Although many of
the entries indicate that no fee was charged, several of the entries list time spent that is excessive for the
task performed or otherwise seem to duplicate tasks already performed in that they describe the same
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 4 of 8

4
work as prior entries. Specifically, the following entries are disallowed for the reasons stated:
Date Entry Time Amount Reason for Disallowance
12/20/04 Review changes and
recalculate plan
.30 $52.50 excessive
12/20/04 DF changes to I, J & Plan .30 $52.50 excessive
1/4/05 Memo to GR; have we done
prod of docs yet? (Answer -
all we need is proof of
insurance on auto’s & already
requested from client when
sent copy of Trustee’s Letter
re production of documents)
.10 $17.50 Excessive
1/26/05 341 meeting. met with clients
at 8:45. Annette was late due
to a fee app hearing. She got
started around 9:30 our
meeting started at 10:20. Post
341 meeting with clients went
over needs for meeting on2/2.
Travel Time.
.50
.50
$87.50
$87.50
Excessive; unproductive travel
time
1/28/05 Review Objections &
instructions to GR. Gave
copy to clients at appointment
.10 $17.50 Excessive
1/29/05 Instructions to GR re Notice
of Hearing 3/23. Check
website to see if anyone filed
objections (I did before) and
also requests for notices
.10 $17.50 Clerical
2/8/05 Review letter from Trendwest
instructions to GR re
response. Need FMV,
contract, etc., Review letter
written
.20 $35.00 Excessive; clerical; appears to
duplicate entry #116
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 5 of 8

5
2/11/05 Review amended plan and
instructions to GR to have
clients in next week
.10 $17.50 Excessive
2/18/05 Researched used car interest
rate in Business Outlook at
Albuquerque Journal Office
.20 $35.00 Excessive - allow .10 for
$17.50 for this task
2/18/05 Notes to GR re: addresses
for service of Amended Plan
to Wells Fargo GMAC,
Ditech, and Ditech registered
agent; comply with rule 9014
.20 $35.00 Excessive
2/21/05 Received and reviewed
revised claim and instructions
to GR & letter to client with
claim of GMAC
.10 $17.50 Excessive
2/21/05 Instructions to GR - call client
to see if they would like us to
mail to them the new plan for
signature and return or come
in to sign (Due to GMAC
filing the claim)
.10 $17.50 Excessive; clerical
2/22/05 Received & reviewed letter
from Wells Fargo 2/15.
Instructions to GR send them
a note that they are in the
plan. Send copy of the plan
with note; copy clients
.10 $17.50 Excessive; clerical
3/23/05 travel time .50 $87.50 Excessive; non-productive
travel time
3/23/05 received and reviewed
trustee’s objection to
confirmation of debtors’
amended plan
.10 $17.50 Excessive
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 6 of 8

6
3/28/05 instructions to GR to fax
appraisal of Dottie
McFarland to Tamara.
Instructions on where
Appraisal should be placed in
file and to please create a
GMAC file. GR advised
GMAC file already created
see pocket folder
.10 $17.50 Clerical
4/7/05 Review file and prepare
response and motion to strike
re GMAC objection to plan.
Memo to GR re follow up on
exemption amendment and
request do notices of the 5/17
hearing to confirm to Rick
1.30 $227.50 Excessive
4/16/05 Received and reviewed
withdrawal of objection to
confirmation of amended plan
by Leverick for GMAC
.10 $17.50 Excessive
4/21/05 review draft of order (3
revisions) see yellow
highlights
.40 $70.00 Excessive
5/4/05 DF called. Instructions Will
need to withdraw exemption
on time share
.10 $17.50 Excessive
5/16/05 DF returned call .10 $17.50 Excessive
5/17/05 Court hearing; travel time 1.00 $175.00 Excessive; unproductive travel
time
6/1/05 Finish x-sheet & fee app
review
.60 $105.00 Excessive
The total disallowed amount is $1,242.50.
WHEREFORE, IT IS HEREBY ORDERED, that the Fee Application is approved, in part,
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 7 of 8

7
and denied, in part. Total fees in the amount of $5,722.50, plus costs in the amount of $194.00, plus
applicable New Mexico gross receipts taxes in the amount of $382.69 (at the rate of 6.6875% as
reported on the Fee Application) are allowed. Because counsel has already received $1,786.81 which
has been applied toward the outstanding balance of attorneys’ fees, the Chapter 13 Trustee is
authorized to pay to Debtor’s counsel a total of $4,512.38 as an allowed priority administrative
expense from funds of the Debtor’s bankruptcy estate. The remainder of fees requested in the Fee
Application are disallowed.
_________________________________________
MARK B. McFEELEY
United States Bankruptcy Judge
I certify that on the date shown on the attached document verification, a true and correct copy of
the foregoing was either electronically transmitted, faxed, delivered or mailed to the listed counsel
and/or parties.
Dennis Feld
Attorney for Debtors
PO Box 45116
Rio Rancho, NM 87174
Kelley L. Skehen
Chapter 13 Trustee
625 Silver SW, Suite 350
Albuquerque, NM 87102
________________________________
Patti G. Hennessy
Law Clerk
(505) 348-2545
Case 04-19251-m13 Doc 44 Filed 12/13/05 Entered 12/13/05 14:55:00 Page 8 of 8