Opinion
No. 10-14024 s7
01-10-2013
In Re: ELIZABETH MARIE STROM, Debtor.
ORDER APPROVING EMPLOYMENT OF MOORE , BERKSON & GANDARILLA, P.C., AS SPECIAL COUNSEL FOR THE TRUSTEE
THIS MATTER has come before the Court on Trustee's Application to Employ Special Counsel filed September 29,2010 ("the Application"). The Court FINDING that notice of the Application, with a 21-day opportunity to object, plus three days for mailing, was given pursuant to Bankruptcy Rule 2002(a)(2) to all parties in interest on the official mailing matrix maintained by the Clerk of the Court in this bankruptcy case on September 29, 2010, that the deadline to object to the Application was October 25, 2010, that no objections have been filed, that proposed special counsel has filed a verified statement in conjunction with the Application, and from such statement it appears that he is not disqualified to act as special counsel herein, and that the employment of Moore, Berkson & Gandarilla, P.C., as set out in this Order is appropriate.
IT IS THEREFORE ORDERED:
1. That the Trustee's Application to employ Moore, Berkson & Gandarilla, P.C., as Special Counsel for the Trustee, be, and the same hereby is approved.
2. That the Trustee be, and hereby is, authorized to employ said counsel at the following hourly rates, subject to the review of the rates for reasonableness and allowance of this Court: The terms of employment of said firm, agreed to by the Trustee, are that said firm will undertake recovery, avoidance and turnover actions on a hourly fee basis at counsel's standard hourly rates of $280.00 for George Moore and Daniel Behles, $225.00 for Arin E. Berkson and Bonnie B. Gandarilla, $175.00 for Koo Im Tong, and $90.00 for paralegal time, plus costs plus applicable tax, plus Applicant's normal expense charges, as follows: Photocopies: $.10 per page, if done in office. Large copy jobs are generally contracted out to a copy service, and billed at actual cost. Long distance phone: $1.50 per call, in state (in addition to time spent)
$2.50 per call, out of state,Facsimile charges: $.50 per page, outgoing only Postage, and other delivery: Billed at actual cost Computer research: As charged to counsel by database access provider, or, if no direct charge to counsel, at a $50/hr. surcharge over counsel's hourly rates. Travel: Actual cost of travel and any accommodations, or IRC mileage rate for travel in counsel's vehicle. Attorney time is billed at one-half of normal rate for travel time unless attorney can actually do legal work during travel time. Taxes on services and expenses are billed at the NM Gross Receipts Tax rate for Albuquerque in effect at the time payment is made. The rate is currently 7.0%.
with calls billed separately from counsel's normal carrier monthly statement (such as conference calls arranged through a conference call center of operator), billed at actual cost.
3. Payment of compensation by Trustee to Special Counsel shall be only after application and notice and opportunity, and review by the Court.
IT IS ORDERED
Date Entered on Docket: January 10, 2013
/s/ _________
The Honorable David T. Thuma
United States Bankruptcy Judge
### END OF ORDER ###
Prepared and submitted by:
Moore, Berkson & Gandarilla, P.C.
Special Counsel for Trustee
s/ submitted electronically
George M. Moore
Bonnie B. Gandarilla
P.O. Box 7459
Albuquerque, NM 87194
(505) 242-1218
Fax: 242-2836
mbglaw@swcp.com