Any Mountain, LTD

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
ANY MOUNTAIN, INC., No. 04-12989
Debtor(s).
______________________________________/
Memorandum on Objection to Fees of Debtor’s Counsel
_________________
In this case, counsel for the debtor David Chandler seeks an award of $363,870.00 in fees even
though his time spent on the case times his normal hourly rate results in a fee of only $239,470.00. He
attempts to justify the increased fee by arguing that he should be entitled to an enhanced fee for a
“superior result” in the case. The court is less than impressed with the outcome of the case and
Chandler’s case for an enhanced fee.
The court would characterize the outcome of this case as so-so. The debtor lost money while in
Chapter 11, supporting the position taken by the Committee from the start that liquidation was best for the
estate. However, the debtor was able to sell its business as a going concern, not realizing as much as an
immediate liquidation but obtaining a decent sale price and preserving its employees’ jobs.
In what appears to be a case of billing rate envy, Chandler seeks to multiply his time spent by the
hourly rate of the New York counsel hired by the Creditors’ Committee. When Chandler is paying
Manhattan office rent and prevailing New York wages for his staff the court may consider allowing him
New York billing rates. In the absence of any evidence that any of his other clients are paying him such
Entered on Docket
May 11, 2006
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 04-12989 Doc# 456 Filed: 05/11/06 Entered: 05/11/06 14:17:11 Page 1 of
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rates, the court is not inclined to award them in this case. The court notes that the money to pay
Chandler’s fees comes out of the pockets of the creditors, who wanted the case liquidated from the
beginning with sound reason. In fact, had the ultimate outcome been any less favorable the court would
be considering the Committee’s argument for a reduction in Chandler’s fees.
For the foregoing reasons, Chandler’s fees will be allowed in the amount of $239,470.00. His
expenses will be allowed as filed. Chandler shall submit an appropriate form of order.
Dated: May 11, 2006
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 04-12989 Doc# 456 Filed: 05/11/06 Entered: 05/11/06 14:17:11 Page 2 of
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