James D Clymer and Kathy J Clymer

OCR transcription for search; preserved printed pages are authoritative

The court incorporates by reference in this paragraph and adopts as the findings and orders
of this court the document set forth below. This document was signed electronically at the
time and date indicated, which may be materially different from its entry on the record.

Vee. bez

Russ Kendig
United States Bankruptcy Judge

Dated: 11:24 AM March 28, 2012

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

IN RE: CHAPTER 11

JAMES D. CLYMER AND CASE NO. 10-63352
KATHY J. CLY MER,
JUDGE RUSS KENDIG
Debtors.

MEMORANDUM OF OPINION (NOT
INTENDED FOR PUBLICATION)

ee a ae ae ee ae ae ae

Now before the court is the motion for final decree filed by Debtors on December 30, 2011.
The motion is unopposed.

The court has jurisdiction of this case under 28 U.S.C. § 1334 and the general order of
reference entered in this district onJuly 16, 1984. In accordance with 28 U.S.C. § 1409, venue in
this district and division is proper. This is a core proceeding pursuant to 28 U.S.C.

§ 157(b)(2)(O).

This opinion is not intended for publication or citation. The availability of this opinion, in
electronic or printed form, is not the result of a direct submission by the court.

FACTS

Debtors filed a joint chapter 11 petition on August 30, 2010. Their proposed plan of
reorganization was confirmed on September 12, 2011. The plan contains the following synopsis

of the payment provisions:

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

Priority tax claims will be paid at confirmation or over a one
year period of time following confirmation of the Plan. It is
anticipated that there are approximately twenty thousand dollars
in priority tax claims, owed to the Internal Revenue Service and
State of Ohio, which will be paid in full within one year (two
thousand dollars per month) of confirmation of the Plan. Appro-
ximately twenty thousand of unsecured claims (five percent) shall
be paid over the course of one year starting on the second year after
confirmation of the Plan. Any balance of nondischargeable unsecured
claims shall be paid in full starting in the third year of the Plan
at the rate of two thousand dollars per month until paid in full.
(Plan of Reorganization, Article 1). 	Additionally, the discharge provision of the plan provides the
following:
9.01 	Discharge. 	Confirmation of this Plan does not discharge any
Debtor provided for in this Plan until the court grants a discharge upon
completion of all payments under this Plan, or as otherwise provided
in § 1141(d)(5) of the Code, except for debts deemed non-dischargeable.
(Plan of Reorganization, Article IX).
On December 30, 2011, Debtors filed a motion for a final decree and requested entry of a
discharge in the case. 	No objections were filed.
ANALYSIS
Prior to the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) of
2005, an individual chapter 11 debtor received a discharge at confirmation. 	BAPCPA, however,
changed the landscape and the order of confirmation no longer operates to discharge an individual
debtor. 	Instead, 11 U.S.C. § 1141(d)(5)(A) establishes a rule that a discharge for an individual
chapter 11 is granted after the completion of payments: 	“unless, after notice and a hearing the
court orders otherwise for cause, confirmation of the plan does not discharge any debt provided for
in the plan until the court grants a discharge on completion of payments under the plan.” 	See also
8 Collier on Bankruptcy ¶ 1141.05[2][a], 1141-24 (16th ed. 2011). 	This requirement was intended
to mirror the discharge provisions for chapter 13 debtors. 	Id.; see also Friedman v. P+P, LLC (In
re Friedman), 2012 WL 911545 (B.A.P. 9th Cir. 2012) (reporter citation not available).
Based on the record before the court, and the specific terms of the plan, it appears unlikely
that payments under Debtors’ chapter 11 plan are complete and Debtors have provided no
evidence to the contrary. 	Debtors’ confirmed plan does not provide for a discharge prior to
completion and Debtors have not established cause for entry of the discharge before completion of
payments. 	Consequently, the court denies Debtors’ motion for final decree and entry of the
discharge at this stage of the case. 	This decision is without prejudice to renewal of the request
under more appropriate circumstances.
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An order will be entered immediately.
# 	# 	#
Service List:
David A Mucklow
919 E Turkeyfoot Lake Rd #B
Akron, OH 44312
James D Clymer
Kathy J Clymer
1769 Blackberry Lane
PO Box 113
Orrville, OH 44667
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AO 72A
(Rev. 8/82)

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IN THE UNITED STATES BANKRUPTCY COUR \\j| 28 AMAT: GS
FOR THE NORTHERN DISTRICT OF OHIO *

a VANERUR TaN y COURT
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au HISTRG! OF OF
IN RE: “yo CANTOR

)
GUIDELINES FOR COMPENSATION )
AND EXPENSE REIMBURSEMENT )
OF PROFESSIONALS )
)
)

GENERAL ORDER NO, 93-1

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The Bankruptcy Judges for the Northern District of Ohio, hav-
ing at their meeting on July 9, 1993, approved Guidelines for Com-
pensation and Expense Reimbursement of Professionals and directed
that such Guidelines shall be effective in all cases filed after
August 1, 1993,

IT IS ORDERED that the Guidelines for Compensation and Ex-
pense Reimbursement of Professionals shall be effective as to all
cases filed after August 1, 1993, and

IT IS FURTHER ORDERED that the Clerk of this Court prepare
sufficient copies of the Guidelines for distribution to interested
persons and that such copies be available at the offices of the
Clerk in Akron, Canton, Cleveland, Toledo and Youngstown.

DATED: July 28, 1993

FOR THE COURT

MF Cele CL.

JAMES H. WILLIAMS
CHIEF BANKRUPTCY JUDGE

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO

GUIDELINES FOR COMPENSATION AND
EXPENSE REIMBURSEMENT CF PROFESSIONALS

The following Guidelines govern applications for
compensation and expense reimbursement. The Guidelines
cover the narrative portions of applications, time records
and expenses. Except as otherwise provided, the Guidelines
apply to professionals generally including lawyers,
accountants, appraisers, auctioneers, financial advisors and
consultants unless, for cause shown, modifications are made

at the time a professional is employed.

The Narrative

1. Employment; Prior Compensation: Holdback

The application shall state the date of the order
approving applicant's employment, amount and
deposit date of any retainer, the date of each
prior request for compensation and the amount re-
quested, approved and paid. Payment of interim
fees allowed depends upon the estate's cash,
status of the case and the interests of the debtor

and creditors generally.

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2. Work Description; Projects

Each application shall categorize the services
rendered into separate projects or tasks
("Projects") unless payment of less than $5,000 is
requested. Projects in an attorney's Chapter 11
application might include the use of cash
collateral, financing, relief from stay matters,
plan and disclosure statement, preferences, etc.
Ordinarily a separate Project category should be
established for any matter which required

significant time.

The professional shall describe each Project, the
purpose and/or need for the services, significant
problems encountered, results achieved, and pro-
vide other relevant information for the Court to
evaluate the services and time expended. If the
narrative is not divided into separate Projects,

the services shall be described generally.

A billing summary for each Project shall follow

each Project description.

3. Summary. of Time Billed

Fach application shall include a billing summary

showing (a) total hours billed to each Project,

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(b) the composite hourly billing rate for the Pro-
ject, and (c) for each professional charging time
to the Project, his or her name, status (e.g.,
partner, associate, paralegal, manager), hourly
rate, and hours billed. In applications not
divided by Projects the billing summary shall
cover all time billed. If initials are used to

identify professionals, a key shall be provided.

4. Preparation of Application

Reasonable fees for preparation of a fee applica-
tion may be requested. Applicant has the burden
to prove the extent to which the preparation fees
requested exceed those for clients who require
detailed fee statements and have adopted fee

review procedures.

5. Staffing; Rates
Rates charged must be commensurate with the skill
required for the task. For example, partner rates
are not generally allowable for routine work.
Rates may be adjusted to conform with these Guide-
lines and applicable law notwithstanding an order

approving rates at the time of employment.

-=-3+
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6. Certification

Fach application shall contain a certification by
the responsible professional that (a) the profes-
sional has read the application, (b) to the best
of the professional's knowledge, information, and
belief formed after reasonable inquiry, the com-
pensation and expense reimbursement sought
conforms with these Guidelines, except as other-
wise specifically noted in the application and
(c) the compensation and expense reimbursement re-
quested are billed at rates and in accordance with
practices no less favorable to the debtor/estate
than those customarily employed by applicant
generally, except as otherwise specifically noted

in the application.

Time Records
7. Time Records Required
All professionals shall keep accurate contempora-
neous time records, except auctioneers, real es-
tate brokers, appraisers, and any other profes-
sional whom the Court excuses from this obligation
at the time of appointment. Notwithstanding the
foregoing, the order of appointment may require
auctioneers, appraisers, or real estate brokers to

submit time records.

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8. Increments
Professionals shall keep time records in minimum
increments no greater than 6 minutes. Applica-
tions which contain minimum billing increments

greater than .1 hour may be disallowed.

9. Entries
Time entries shall identify the person who per-
formed the service, the date performed, matter
involved and services rendered. Mere notations of
telephone calls, conferences, research, drafting,
etc., without appropriately identifying the matter
involved, may result in disallowance of the appli-
cable time. Time entries with unexplained abbre-
viations may be disallowed. If computer time
sheets are submitted, an appropriate key shall be

provided to facilitate review.

Applicant has the burden to show that services for
which compensation is sought are for professional
services only and not for services ordinarily

performed by a trustee or debtor in possession.

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10. Lumping
If separate tasks are performed on a single day,
the fee application shall disclose the time
required for each task (i.e., no “grouping" or

"lumping").

11. Conferences
Professionals shall justify time spent in confer-
ences with other professionals or paraprofession-
als in the same firm. Failure to do so may result
in disallowance of fees related to the

conferences.

12. Multiple Professionals

Professionals shall justify the need for more than |
one professional or paraprofessional from the same
firm at the same court hearing, deposition or
meeting. Failure to justify this time may result

in disallowance of fees.

13. Office Tasks

Time spent addressing, stamping and stuffing
envelopes, filing, photocopying or "supervising"
any of the foregoing is generally net compensable
whether performed by a professional, paraprofes-

sional, or secretary.

_=-—-— § =
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14. Travel Time
Travel time is ordinarily compensable at not more
than one-half the professional’s allowed hourly

rate, Travel of one hour or less round-trip is

not compensable.

15. Filing Papers
Time spent filing papers or pleadings is generally

non-compensable.

Expenses
16. Receipts
Receipts should be obtained for all expenditures.
Receipts shall be retaine@ and produced upon
request for reimbursement of expenditures

exceeding $25.00.

17. Office Overhead

Office overhead is generally not reimbursable.
Overhead includes secretarial time or overtime,
word processing time and cost of meals or trans-
portation provided professionals and staff who

work late or on weekends.

18. Computerized Research
Computerized research is reimbursable at actual

cost. "Actual cost," in these Guidelines, means

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the amount actually expended by the professional
or paid to a third party provider without markup
or enhancement for handling or administrative

charges.

19. Professional Services
A professional employed under section 327 of the
Bankruptcy Code may not employ or charge as an
expense services provided by another professional
unless employment of the second professional is
approved by the Court prior to the rendering of

services.

20. Photocopies (Internal)

Charges must be disclosed on an aggregate and per
page basis. Charges allowed are actual cost not

to exceed 20 cents per page.

21. Photocopies (Outside)

Actual cost.

22. Postage

Actual cost.

23. Overnight Delivery

Actual cost where shown to be necessary.

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24. Messenger Service
Actual cost shown to be necessary. In-house
messenger service is not reimbursable for more

than the cost of comparable services outside the

firm.

25. Facsimile Transmission

Actual costs of telephone charges for outgoing
transmissions are reimbursable. Transmissions re-
ceived are reimbursable at actual cost not to

exceed 20 cents per page.

26. Long Distance Telephone

Actual cost.

27. Travel - Automobile Transportation
Travel of one hour or less round-trip is generally
not reimbursable. Travel expense for trips in ex-
cess of one hour round-trip is reimbursable in ac~-
cordance with the allowance by the Internal
Revenue Service - currently 28 cents per mile (IRC

§ 274(a) and the current applicable I.R.B.

Announcement).

28. Travel - Air Transportation

Reimbursement is limited to amount spent or regu-

lar coach fare whichever is lower.

= 9-
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29. Travel Accommodations and Meals

Reimbursement is allowed for reasonable hotel and
meal expense. Luxury dining or accommodations are

not reimbursable.

30. Meals - Working

Working meals at restaurants or private clubs are
generally not reimbursable. Reimbursement may he
requested for working meals only when food is
catered to the professional's office during a
meeting with clients, such as a creditors’
committee, ‘to permit the meeting to continue

through a normal meal period.

31. Amenities
Charges for entertainment, alcoholic beverages,
newspapers, dry cleaning, shoe shines, etc. are

generally not reimbursable.

32. Miscellaneous

Filing fees, court reporter fees, witness fees,
process service and UCC searches are reimbursable

at actual cost.

33. Special Practices

The Court is aware that billing practices of

professionals may differ. The court will consider

- 10 -

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applicant's customary practice in charging or not
charging other clients for particular items. If
other clients are not billed for a particular
item, the estate will not be billed. If an item
is billed to alli other clients, reimbursement
should be sought at the least expensive rate the
professional charges any client for comparable

services or expenses.

Uniess the Court otherwise requires, all objec-
tions to an application must be filed and served

not later than five (5) working days prior to the

scheduled hearing.

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