Brenda K. Campbell and Rickey A. Campbell

3:04-bk-30329CanbApr 20, 2005

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28 	MEMORANDUM RE DEBTORS’ OBJECTION TO
ATTORNEYS FEES OF WACHTER INVESTMENT, INC.
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UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re
BRENDA K. CAMPBELL and
RICKEY A. CAMPBELL,
Debtors.
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Case No: 04-30329 TC
Chapter 13
Date: 	February 11, 2005
Time: 	9:30 a.m.
Place: 235 Pine St., 23 rd Fl.
San Francisco, CA
MEMORANDUM RE DEBTORS’ OBJECTION TO
ATTORNEYS FEES OF WACHTER INVESTMENT, INC.
A hearing was held at the above date and time on Debtors’
objection to the secured claim filed in this case by Wachter
Investment, Inc. (“Creditor”) on October 28, 2005 in the amount of
$50,415.39 (“Claim”). 	Thomas R. Burns appeared for Debtor.
Benjamin R. Levinson (“Counsel”) appeared for Creditor.
The Claim includes attorneys fees in the amount of $1,425
(“Fees”) and costs in the amount of $191.20 (“Costs”). 	Debtors’
objected to the Fees and Costs as unreasonable, and asked the court
to deny them in their entirety or to review them for
reasonableness. 	At the conclusion of the hearing, the parties
submitted to the court for decision the reasonableness of the Fees.
Signed and Filed: April 20, 2005
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
April 21, 2005
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 04-30329 Doc# 68 Filed: 04/20/05 Entered: 04/21/05 11:35:01 Page 1 of 3
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28 	MEMORANDUM RE DEBTORS’ OBJECTION TO
ATTORNEYS FEES OF WACHTER INVESTMENT, INC.
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The court has reviewed the Fees, and determines that $950 is a
reasonable amount for the following tasks, based on Counsel’s
reasonable hourly rate of $250: 	(1) $700 for reviewing documents
and drafting Creditor’s motion for stay relief (“Motion”) and (2)
$250 for appearing at the hearing on the Motion, drafting a letter
to Creditor, and drafting a stipulation and order on the Motion. 	I
determine that the remaining $475 in Fees are unreasonable for the
following reasons. 	First, the Motion and hearing thereon were
uncomplicated, especially given Debtors’ stipulation to provide
adequate protection. 	Second, Counsel has more than twenty years
experience as a lawyer. 	Third, $100 of the $475 relates to
Claimant’s use of two separate law firms to handle the Motion and
related stipulation, which were apparently drafted by Counsel and
signed and filed by a separate law firm (Moss Pite & Duncan).
Debtors should not pay for Claimant’s use of two law firms for this
uncomplicated matter.
I determine that the Costs, which represent the filing fee for
the Motion and a charge for appearing telephonically at the hearing
thereon, are reasonable.
**END OF MEMORANDUM**
Case: 04-30329 Doc# 68 Filed: 04/20/05 Entered: 04/21/05 11:35:01 Page 2 of 3
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Court Service List
Thomas R. Burns
Law Offices of Thomas R. Burns
703 Market St. #1109
San Francisco, CA 94103
Brenda K. Campbell
Rickey A. Campbell
189 Topeka Ave.
San Francisco, CA 94124
Benjamin R. Levinson
Law office of Benjamin R. Levinson
46 N. Second Street, Suite A
Campbell CA 95008
David Burchard
P.O. Box 8059
Foster City, CA 94404
Office of the U.S. Trustee
235 Pine Street, Suite 700
San Francisco, CA 94104
Case: 04-30329 Doc# 68 Filed: 04/20/05 Entered: 04/21/05 11:35:01 Page 3 of 3

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