UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Transcription

1 Main Document Page 1 of 27 Objection Deadline: February 6, 2019, at 4:00 P.M. (prevailing Central Time) UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) In re: ) Chapter 11 ) MISSION COAL COMPANY, LLC, et al., 1 ) Case No TOM11 ) Debtors. ) (Jointly Administered) ) MONTHLY FEE STATEMENT OF CHRISTIAN & SMALL, LLP FOR COMPENSATION FOR SERVICES AND REIMBURSEMENT OF EXPENSES AS COUNSEL TO MISSION COAL COMPANY, LLC ET AL., FOR THE PERIOD FROM OCTOBER 14, 2018 THROUGH NOVEMBER 30, 2018 Name of Applicant: Applicant s Role in Case: Christian & Small, LLP Counsel to Mission Coal Company, LLC, et al., Date Order of Employment Signed: November 28, 2018 [Docket No. 348] Time period covered by this statement: Total fees requested in this statement: Total expenses requested in this statement: Total fees and expenses requested in this statement: This is a(n): Beginning of Period Summary of Total Fees and Expenses Requested: $151, (80% of $189,662.50) $3, $155, End of Period October 14, 2018 November 30, 2018 X Monthly Application Interim Application Final Application Pursuant to sections 327, 330, and 331 of chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) and Rule 2016 of the Federal Rules of Bankruptcy Procedure 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, include: Mission Coal Company, LLC (8465); Beard Pinnacle, LLC (0637); Oak Grove Land Company, LLC (6068); Oak Grove Resources, LLC (0300); Pinnacle Land Company, LLC (6070); Pinnacle Mining Company, LLC (7780); Seminole Alabama Mining Complex, LLC (6631); Seminole Coal Resources, LLC (1795); Seminole West Virginia Mining Complex, LLC (7858); Seneca Coal Resources, LLC (1816); and Seneca North American Coal, LLC (5102). The location of the Debtors service address is: 7 Sheridan Square, Suite 300, Kingsport, Tennessee

2 Main Document Page 2 of 27 (the Bankruptcy Rules ), the Order Authorizing the Retention and Employment of Christian & Small, LLP as Attorneys for the Debtors and Debtors in Possession Effective Nunc Pro Tunc to the Commencement Date, dated November 28, 2018 [Docket No. 348] (the Retention Order ), and the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Retained Professionals, dated December 19, 2018 [Docket No. 480] (the Interim Compensation Order ), Christian & Small, LLP ( C&S ), counsel for the above-captioned debtors and debtors in possession (collectively, the Debtors ), hereby submits this Monthly Statement of Services Rendered and Expenses Incurred for the Period From October 14, 2018 Through November 30, 2018 (this Fee Statement ). 2 Specifically, C&S seeks (i) interim allowance of $155, for the reasonable and necessary legal services that C&S rendered to the Debtors during the Fee Period; (ii) compensation in the amount of $151,730.00, which is equal to 80% of the total amount of compensation sought for actual and necessary legal services rendered during the Fee Period (i.e., $189,662.50); and (iii) allowance and payment of $3, for the actual and necessary expenses that C&S incurred in connection with such services during the Fee Period. Itemization of Services Rendered and Disbursements Incurred 1. Attached hereto as Exhibit A is a schedule of the number of hours expended and fees incurred (on an aggregate basis) by C&S partners, associates, and paralegals during the Fee Period with respect to each of the project categories C&S established in accordance with its internal billing procedures. As reflected in Exhibit A, C&S incurred $189, in fees during the Fee Period. Pursuant to this Fee Statement, C&S seeks reimbursement for 80% of such fees ($151, in the aggregate). 2 The period from October 14, 2018, through and including November 30, 2018, is referred to herein as the Fee Period. [ / /1] 2

3 Main Document Page 3 of Attached hereto as Exhibit B is a schedule of C&S professionals and paralegals, including the standard hourly rate for each attorney and paraprofessional who rendered services to the Debtors in connection with these chapter 11 cases during the Fee Period and the title, hourly rate, aggregate hours worked and the amount of fees earned by each professional. The blended hourly billing rate of attorneys for all services provided during the Fee Period is $ The blended hourly billing rate of all paralegals is $ Attached hereto as Exhibit C is a schedule for the Fee Period setting forth the total amount of payment sought with respect to each category of expenses for which C&S is seeking payment in this Fee Statement. All of these disbursements comprise the requested sum for C&S s out-of-pocket expenses, which total $3, Attached hereto as Exhibit D are the time records of C&S, which provide a daily summary of the time spent by each C&S professional during the Fee Period as well as an itemization of expenses by project category. Notice 5. The Debtors will provide notice of this Fee Statement in accordance with the Interim Compensation Order. The Debtors submit that no other or further notice be given. [Remainder of Page Intentionally Left Blank] 3 The blended hourly billing rate of $ for attorneys is derived by dividing the total fees for attorneys of $186, by the total hours of for those same attorneys. 4 The blended hourly billing rate of $ for paralegals is similarly derived by dividing the total fees for paralegals of $3, by the total hours of for these same paraprofessionals. [ / /1] 3

4 Main Document Page 4 of 27 WHEREFORE, C&S, in connection with services rendered on behalf of the Debtors, respectfully requests (i) interim allowance of compensation for professional services rendered during the Fee Period, in the amount of $155,464.22, and (ii) payment in accordance with the procedures set forth in the Interim Compensation Order (i.e., payment of 80% of the compensation sought, in the amount of $151,730.00, and payment of 100% of expenses incurred, in the amount of $3,734.22). Birmingham, Alabama Dated: January 16, 2019 /s/ Daniel D. Sparks Daniel D. Sparks Bill D. Bensinger CHRISTIAN & SMALL LLP 505 North 20th Street, Suite 1800 Birmingham, Alabama Telephone: (205) Facsimile: (205) ddsparks@csattorneys.com bdbensinger@csattorneys.com - and - James H.M. Sprayregen, P.C. Brad Weiland (admitted pro hac vice) Melissa N. Koss (admitted pro hac vice) KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 300 North LaSalle Chicago, Illinois Telephone: (312) Facsimile: (312) james.sprayregen@kirkland.com brad.weiland@kirkland.com melissa.koss@kirkland.com - and - Stephen E. Hessler, P.C. (admitted pro hac vice) Ciara Foster (admitted pro hac vice) KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 601 Lexington Avenue New York, New York Telephone: (212) Facsimile: (212) stephen.hessler@kirkland.com ciara.foster@kirkland.com

5 Main Document Page 5 of 27 Co-Counsel to the Debtors [ / /1]

6 Main Document Page 6 of 27 EXHIBIT A Statement of Fees and Expenses By Project Category Hours Fees B110 - Case administration $ 107, B130 - Asset disposition 5.90 $ 3, B140 - Relief from stay/adequate protection proceedings 1.40 $ B150 - Meetings and communications with creditors $ 26, B160 - Fee/employment applications $ 6, B185 - Assumption/rejection of leases and contracts $ 43, B230 - Financing/cash collections 3.40 $ 1, Total $ 189,662.50

7 Main Document Page 7 of 27 EXHIBIT B Attorneys and Paralegals Information The C&S attorneys and paralegals who rendered professional services in these cases during the Fee Period are: Hours Rate Total Bill D. Bensinger $104, Daniel D. Sparks $70, Bradley R. Hightower $ Jack J. Kubiszyn $11, Julia G. Guier $ Sheryl L. Riley $3, Total $189, [ / /1]

8 Main Document Page 8 of 27 EXHIBIT C Summary of Actual and Necessary Expenses for the Fee Period Meals $ Court costs $ Computer research $ Telephone $ 2.60 Copying costs $ 2, Total $ 3, [ / /1]

9 Main Document Page 9 of 27 EXHIBIT D Detailed Description of Time Records and Expenses

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