In re Sciba

1

IN RE: WILLIAM L. SCIBA, JR., Debtor.

No. 20-60052

United States Bankruptcy Court, S.D. Texas, Victoria Division

August 6, 2024

CHAPTER 13

MEMORANDUM OPINION

Marvin Isgur United States Bankruptcy Judge

Prosperity Bank, N.A. seeks $15,992.99 in post-petition attorney's fees. Of this amount, $925.50 is denied on the grounds that $925.50 of the billed work is clerical in nature. The Court awards Prosperity $15,067.49 in attorney's fees. Sciba also seeks attorney's fees in its objection to Prosperity's fee notices. The Court denies the attorney's fees requested by Sciba.

BACKGROUND

On August 31, 2020, William L. Sciba Jr. filed a petition under Chapter 13 of the Bankruptcy Code. The Court confirmed Sciba's Chapter 13 plan on April 12, 2022. ECF No. 141.

Sciba's schedules list Prosperity Bank, N.A. ("Prosperity") as his mortgage creditor. Prosperity's promissory note includes a clause stating that "Lender may hire an attorney to help collect this Note if I do not pay, and I will pay Lender's reasonable attorneys' fees." ECF Nos. 176-1 at 2. In 2022 and 2023, Prosperity filed three Notice of Post-Petition Mortgage Fees, Expenses and Charges ("Notice of Fees Due"). Each notice requests attorney's fees at an hourly rate of $255 from November 2, 2021, to December 31, 2021, and $295 from January 3, 2022.

Prosperity filed its Third Notice of Fees Due on February 29, 2022 seeking attorney's fees of $8,318.59. ECF No. 137. Sciba objected to the Notice on April 27, 2023. ECF No. 173. The objection requests an award of attorney's fees and expenses of at least $750. ECF No. 173 at 6. Prosperity responded to the objection on May 19, 2023. ECF No. 174.

Prosperity filed the Fourth Notice of Fees Due on October 4, 2022 seeking attorney's fees of $3,602.60. ECF No. 148. Sciba objected to the Notice on October 3, 2023. ECF No. 186. The objection requests an award of attorney's fees and expenses of at least $1,000. ECF No. 186 at 7. Prosperity responded to the objection on November 3, 2023. ECF No. 188.

Prosperity then filed the Fifth Notice of Fees Due on March 31 2023,seeking attorney's fees of $4,071.8. ECF No. 172. Sciba objected to the Notice on November 30, 2023. ECF No 192. The objection requests an award of attorney's fees and expenses of at least $1,000. ECF No. 192 at 8. Prosperity responded to the objection on December 14, 2023. ECF No. 193.

The Court held two hearings on the notices and objections. The first hearing occurred on June 14-15, 2023. The second hearing occurred on November 8, 2023. During the second hearing, both parties agreed that the Court would take all three Notices of Fees Due, objections, and responses under advisement.

I. Entries Challenged by Sciba

Sciba challenges the attorney's fees entries on three grounds (i) vague or lumped descriptions, (ii) inclusion of clerical work, and (iii) excessive time spent.

Sciba objects to the following entries on grounds that their descriptions are either vague or lumped:

No.

Date

Hours

Description

11/02/21

0.1

E-mails to and from opposing attorney. ECF No. 137 at 3.

11/04/21

0.2

Reviewing e-mails from opposing attorney, Tiffany Castro, and Lance Duke. ECF No. 137 at 3.

11/16/21

0.2

E-mails to and from client. ECF No. 137 at 3.

12/20/21

0.3

E-mails to and from client. ECF No. 137 at 5.

12/20/21

0.8

Telephone conference with client. ECF No. 137 at 5.

12/23/21

0.8

Telephone conference with client. ECF No. 137 at 5.

01/13/22

0.5

E-mail to and from client. ECF No. 137 at 7.

01/18/22

0.1

E-mail to and from opposing attorney. ECF No. 137 at 7.

01/21/22

0.4

E-mails to and from client. ECF No. 137 at 7.

01/24/22

0.2

E-mails to and from Tiffany Castro. ECF No. 137 at 7.

01/28/22

0.2

E-mails to and from Tiffany. ECF No. 137 at 7.

02/01/22

0.1

E-mails to and from Pam. ECF No. 137 at 9.

02/01/22

0.5

Telephone conference with client. ECF No. 137 at 9.

02/01/22

0.1

E-mails to and from Tiffany Castro. ECF No. 137 at 9.

02/02/22

0.2

E-mails to and from client. ECF No. 137 at 9.

02/09/22

0.3

E-mail to Tiffany. ECF No. 137 at 9.

02/14/22

0.1

E-mail from Tiffany. ECF No. 137 at

9.

02/15/22

0.3

E-mails to and from Tiffany. ECF No. 137 at 9.

02/18/22

0.8

Telephone conference with Tiffany regarding outstanding issues. ECF No. 137 at 11.

02/18/22

0.5

E-mail to client regarding same. ECF No. 137 at 10.

03/09/22

0.2

E-mail to and from client. ECF No. 137 at 11.

04/07/22

0.1

E-mails to and from Tiffany. ECF No. 148 at 3.

04/07/22

0.2

Telephone conference with client. ECF No. 148 at 3.

04/07/22

0.1

E-mail to client. ECF No. 148 at 3.

04/12/22

0.3

Telephone conference with client. ECF No. 148 at 3.

04/12/22

0.3

E-mails to and from Tiffany. ECF No. 148 at 3.

04/12/22

0.2

E-mail to and from opposing attorney. ECF No. 148 at 3.

04/12/22

0.2

Telephone conference with same. ECF No. 148 at 3.

04/12/22

0.1

E-mails to client. ECF No. 148 at 3.

04/12/22

0.7

Review plan provisions and legal support for debtor's non-standard provisions. ECF No. 148 at 3.

04/12/22

0.4

Finalizing and filling Third Notice of Post-Petition Fees. ECF No. 148 at 3.

05/03/22

0.2

E-mails to and from client. ECF No. 148 at 5.

05/03/22

0.1

E-mails to and from client. ECF No. 148 at 5.

06/22/22

0.4

E-mails to from client regarding Notice of Mortgage Payment Change. ECF No. 148 at 6.

07/22/22

0.1

E-mail to client. ECF No. 148 at 7.

09/06/22

0.2

E-mails to and from client. ECF No. 148 at 8.

09/07/22

1.0

Multiple calls and e-mails with client regarding payoff and billing statement. ECF No. 148 at 8.

09/08/22

0.1

E-mails to and from trustee's office. ECF No. 148 at 8.

09/08/22

0.6

E-mails to and from client regarding arrearage payments. ECF No. 148 at 8.

09/09/22

0.3

Telephone conference with trustee's office. ECF No. 148 at 8.

09/09/22

0.9

E-mails to and from client regarding arrearage payment. ECF No. 148 at 8.

09/09/22

0.1

Telephone conference with client. ECF No. 148 at 8.

09/09/22

0.1

E-mails to opposing attorney. ECF No. 148 at 8.

11/08/22

0.2

Telephone conference with client. ECF No. 172 at 4.

11/09/22

0.2

Check trustee's records. ECF No. 172 at 4.

11/09/22

0.2

E-mails to and from trustee. ECF No. 172 at 4.

11/09/22

0.2

E-mails to and from client. ECF No. 172 at 4.

11/10/22

0.1

E-mails to and from trustee. ECF No. 172 at 4.

11/28/22

0.1

Telephone conference with client. ECF No. 172 at 4.

11/28/22

0.1

E-mails to and from same. ECF No. 172 at 4.

01/04/23

0.1

E-mails to and from client. ECF No. 172 at 5.

01/04/23

0.2

Check trustee's record. ECF No. 172 at 5.

01/13/23

0.1

Telephone conference with opposing attorney. ECF No. 172 at 5.

01/13/23

0.2

E-mails to and from client. ECF No. 172 at 5.

01/13/23

0.5

Calculating accrued attorney's fees. ECF No. 172 at 5.

01/17/23

0.3

E-mails to and from client. ECF No. 172 at 5.

01/17/23

0.2

Telephone conference with debtor's attorney. ECF No. 172 at 5.

01/17/23

0.2

E-mails to debtor's attorney. ECF No. 172 at 5.

01/18/23

0.9

E-mails to and from client. ECF No. 172 at 5.

01/18/23

0.8

Preparing for and attending hearing on Trustee's Motion to Dismiss. ECF No. 172 at 5.

01/18/23

0.3

E-mail to client. ECF No. 172 at 5.

01/26/23

0.1

E-mails from opposing attorney. ECF No. 172 at 5.

01/26/23

0.3

E-mails to client. ECF No. 172 at 5.

01/27/23

0.3

E-mails to and from opposing attorney. ECF No. 172 at 5.

01/30/23

0.1

E-mails to and from. ECF No. 172 at

5.

01/31/23

0.8

E-mails to and from client regarding documents requested by opposing attorney. ECF No. 172 at 5.

02/01/23

0.2

E-mails to and from opposing attorney. ECF No. 172 at 7.

02/08/23

0.3

E-mails to and from client. ECF No. 172 at 7.

02/08/23

0.1

E-mails to and from trustee. ECF No. 172 at 7.

02/09/23

0.1

E-mails from court's case manager and trustee's attorney. ECF No. 172 at 7.

02/13/23

0.2

Receipt and processing of e-mails from court's case manager and trustee's attorney. ECF No. 172 at 7.

02/13/23

0.1

E-mails to and from client. ECF No. 172 at 7.

02/23/23

0.3

E-mails to and from trustee's office. ECF No. 172 at 7.

Sciba objects to the following entries on grounds that the work is clerical:

No.

Date

Hours

Description

11/15/21

0.1

Receipt and processing of Trustee's Withdrawal of Objection to

Prosperity's Notice. ECF No. 137 at 3.

11/16/21

0.1

Receipt and processing of bankruptcy pleadings. ECF No. 137 at 3.

11/22/21

0.2

Gathering fee invoices. ECF No. 137 at 3.

11/24/21

1.0

Drafting and filing Notice of PostPetition Mortgage Fees. ECF No. 137 at 3.

01/19/22

0.7

Assembling exhibits and drafting exhibit list for confirmation hearing. ECF No. 137 at 7.

02/09/22

0.3

Receipt and processing of court orders. ECF No. 137 at 9.

03/09/22

0.1

Receipt and processing of court orders. ECF No. 137 at 11.

06/03/22

0.2

Receipt and processing of Trustee's pleading. ECF No. 148 at 6.

06/23/22

0.2

Filing Notice of Mortgage Payment Change. ECF No. 148 at 6.

07/22/22

0.1

Receipt and processing of bankruptcy pleadings. ECF No. 148 at 7.

10/04/22

0.4

Completing and filling Forth Notice of Post petition fees. ECF No. 172 at 3.

01/04/23

0.2

Filing Notice of Mortgage Payment Change. ECF No. 172 at 5.

Sciba objects to the following entries on grounds that the time spent on the described work is excessive:

No.

Date

Hours

Description

11/24/21

1.0

Drafting and filing Notice of Post Petition Mortgage Fees. ECF No. 137 at 3.

02/02/22

0.6

Finalizing and filing Notice of Mortgage Payment Change. ECF No. 137 at 9.

02/09/22

1.4

E-mails to and from client regarding escrow. ECF No. 137 at 9.

02/17/22

0.6

Telephone conference with client regarding escrow. ECF No. 137 at 10.

02/18/22

0.5

Studying escrow issue. ECF No. 137 at 10.

04/13/22

0.2

Receipt and...