Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 1 of 7

Transcription

1 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND ) Chapter 11 In re ) ) Case No (WCH) PAWTUCKET ASPHALT CORP., ) ) Debtor. ) ) NOTICE OF APPLICATION PLEASE TAKE NOTICE that Jager Smith P.C., counsel to the Official Committee of Unsecured Creditors of Pawtucket Asphalt Corporation and International Paving Corporation, has filed the accompanying First Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Counsel to the Official Committee of Unsecured Creditors (the Application ) with the United States Bankruptcy Court for the District of Rhode Island (the Bankruptcy Court ). PLEASE TAKE FURTHER NOTICE that objections or responses to the Application, if any, are required to be filed on or before September 16, 2013 at 5:00 p.m. (the Objection Deadline ) with the United States Bankruptcy Court for the District of Rhode Island, 380 Westminster Street, Providence, Rhode Island At the same time, a copy of any response or objection must be served upon the following so as to be received on or before the Objection Deadline: (i) Boyajian, Harrington, Richardson & Furness, 182 Waterman Street, Providence, Rhode Island (Attention: Andrew S. Richardson, Esq.); (ii) Jager Smith P.C., One Financial Center, Boston, Massachusetts (Attention: Steven C. Reingold, Esq.); and (iii) _1

2 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 2 of 7 the Office of the United States Trustee, 10 Dorrance Street, Providence, Rhode Island (Attention: Sandra Nicholls, Esq.). PLEASE TAKE FURTHER NOTICE that if no objections or responses are filed and served in accordance with the above procedure, the Bankruptcy Court may grant the Application without a hearing. JAGER SMITH P.C. Dated: September 6, 2013 /s/ Steven C. Reingold Bruce F. Smith (admitted pro hac vice) Steven C. Reingold (admitted pro hac vice) JAGER SMITH P.C. One Financial Center Boston, Massachusetts telephone: (617) facsimile: (617) bsmith@jagersmith.com sreingold@jagersmith.com _1 2

3 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 3 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND ) Chapter 11 In re ) ) Case No (WCH) PAWTUCKET ASPHALT CORP., ) ) Debtor. ) ) FIRST APPLICATION OF JAGER SMITH P.C. FOR COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Jager Smith P.C. ( Jager Smith ) hereby submits this First Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Counsel to the Official Committee of Unsecured Creditors (this Application ) pursuant to Section 331 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code ), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and Rule of the Local Rules for the United States Bankruptcy Court for the District of Rhode Island (the Local Rules ). Jager Smith respectfully requests approval and payment of compensation for the actual, reasonable and necessary services rendered, and approval and reimbursement of the actual, reasonable and necessary expenses incurred, during the period from March 29, 2012 through August 31, 2013, as counsel to the Official Committee of Unsecured Creditors (the Committee ) of Pawtucket Asphalt Corporation ( PAC ) and International Paving Corporation ( IPC and, together with PAC, the Debtors ), as the same are described herein. In support of this Application, Jager Smith respectfully states as follows: _1

4 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 4 of 7 Pertinent Procedural History 1. On February 23, 2012, the Debtors filed Voluntary Petitions for relief under Chapter 11 of the Bankruptcy Code. For a period of time subsequent to that date, the Debtors continued in the possession of their assets and in the operation of their businesses as debtors-inpossession pursuant to Sections 1107(a) and 1108 of the Bankruptcy Code. 2. On March 16, 2012, the Court entered an order [ECF No. 29] directing that the cases of PAC and IPC (the Chapter 11 Cases ) be jointly administered On March 26, 2012, the United States Trustee for the District of Rhode Island appointed the Committee [ECF No. 56] to represent the interests of all unsecured creditors of the Debtors. During its first meeting immediately following its formation, the Committee selected Jager Smith to serve as lead counsel to the Committee in connection with the Chapter 11 Cases. 4. On April 4, 2012, the Committee applied to this Court [ECF No. 68] for the approval of the employment of Jager Smith in the Chapter 11 Cases pursuant to Section 1103(a) of the Bankruptcy Code, Bankruptcy Rule 2014(a) and Local Rule , nunc pro tunc to March 29, Jager Smith received no retainer in connection with the Chapter 11 Cases. No objection to such employment was filed, and on April 25, 2012, the Court entered an order [ECF No. 97], a copy of which is submitted herewith as Exhibit A, authorizing the Committee s employment of Jager Smith as its lead counsel in the Chapter 11 Cases. Jurisdiction and Statutory Predicates for Relief Requested 5. The Court has jurisdiction over this Application pursuant to 28 U.S.C. 1334(a) and 157(a). This is a core proceeding under 28 U.S.C. 157(b)(2). The statutory predicates for 1 On June 25, 2013, however, the Court entered an order [ECF No. 285] granting the Debtors motion [ECF No. 284] to terminate joint administration of the Chapter 11 Cases _1 2

5 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 5 of 7 the relief requested herein are Section 331 of the Bankruptcy Code, Bankruptcy Rule 2016, and Local Rule Description of Services Rendered and Expenses Incurred 6. All legal services performed by Jager Smith as covered by this Application were performed for and on behalf of the Committee and not on behalf of any creditor or any other person or entity. 7. In accordance with Local Rule (a)(8), submitted herewith as Exhibit B is a description of the professional background of each lawyer and paraprofessional who participated in Jager Smith s representation of the Committee during the period covered by this Application. 8. In accordance with Local Rule (a)(9), submitted herewith as Exhibit C are summary sheets substantially in the form of R.I. Bankr. Forms C.2 and C Submitted herewith as Exhibit D is a day-to-day description of services rendered by Jager Smith, which is divided into narrative sections corresponding to billing categories utilized by Jager Smith. Each such section includes for each such billing category a narrative description of services rendered, a summary chart of hours worked and fees charged for each attorney and paraprofessional, and a detailed, daily description of services by each attorney and paraprofessional with respect to whom compensation is sought, as compiled from the time records maintained by Jager Smith in the ordinary course, in accordance with Local Rule (a)(6) and Local Rule (e). 10. Jager Smith respectfully submits that the reasonable value of the professional services rendered on behalf of the Committee during the period covered by this Application is $66,285.50, and therefore requests approval and payment of such amount. 2 2 Jager Smith agreed to seek compensation for services rendered by attorneys at a blended rate of $ per hour, and at its usual rates for paraprofessionals, which range from $ per hour to $ per hour _1 3

6 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 6 of Jager Smith also requests approval of and reimbursement for the actual and necessary expenses it incurred on behalf of the Committee during the period covered by this Application in the sum of $744.14, the details of which expenses are submitted herewith as part of Exhibit D. The actual expenses billed to or incurred by Jager Smith during the period covered by this Application include those for, amongst other things, postage, photocopying charges, telephone charges and charges for computer-assisted legal research, all of which Jager Smith has billed in a manner and at rates consistent with charges made generally to the firm s other clients and in accordance with Local Rule (f) and Appendix III to the Local Rules. 12. Jager Smith is informed, and therefore believes, that the Debtors intend, subject to Court approval, to pay one-half of Jager Smith s allowed fees, and one-half of Jager Smith s allowed expenses, from PAC s estate, with the balance to be paid from IPC s estate. See Amended Combined Plan of Reorganization and Disclosure Statement [ECF No. 294] at 12 (discussing treatment of administrative claims). [Remainder of page intentionally left blank.] _1 4

7 Case 1:12-bk Doc 304 Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Main Document Page 7 of 7 Conclusion WHEREFORE, Jager Smith respectfully requests that the Court enter an order as follows: (a) approving its fees in the amount of $66, and expenses in the amount of $744.14, for a total of $67,029.64, for the period from March 29, 2012 through August 31, 2013; (b) authorizing payment to Jager Smith of such amounts in accordance with the foregoing; and (c) granting to Jager Smith such other and further relief as the Court deems just and proper. JAGER SMITH P.C. /s/ Steven C. Reingold Steven C. Reingold (admitted pro hac vice) JAGER SMITH P.C. One Financial Center Boston, Massachusetts telephone: (617) facsimile: (617) sreingold@jagersmith.com Dated: September 6, _1 5

8 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND ) Chapter 11 In re ) ) Case No (WCH) PAWTUCKET ASPHALT CORP., ) ) Debtor. ) ) NOTICE OF APPLICATION PLEASE TAKE NOTICE that Jager Smith P.C., counsel to the Official Committee of Unsecured Creditors of Pawtucket Asphalt Corporation and International Paving Corporation, has filed the accompanying First Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Counsel to the Official Committee of Unsecured Creditors (the Application ) with the United States Bankruptcy Court for the District of Rhode Island (the Bankruptcy Court ). PLEASE TAKE FURTHER NOTICE that objections or responses to the Application, if any, are required to be filed on or before September 16, 2013 at 5:00 p.m. (the Objection Deadline ) with the United States Bankruptcy Court for the District of Rhode Island, 380 Westminster Street, Providence, Rhode Island At the same time, a copy of any response or objection must be served upon the following so as to be received on or before the Objection Deadline: (i) Boyajian, Harrington, Richardson & Furness, 182 Waterman Street, Providence, Rhode Island (Attention: Andrew S. Richardson, Esq.); (ii) Jager Smith P.C., One Financial Center, Boston, Massachusetts (Attention: Steven C. Reingold, Esq.); and (iii) _1

9 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 2 of 7 the Office of the United States Trustee, 10 Dorrance Street, Providence, Rhode Island (Attention: Sandra Nicholls, Esq.). PLEASE TAKE FURTHER NOTICE that if no objections or responses are filed and served in accordance with the above procedure, the Bankruptcy Court may grant the Application without a hearing. JAGER SMITH P.C. Dated: September 6, 2013 /s/ Steven C. Reingold Bruce F. Smith (admitted pro hac vice) Steven C. Reingold (admitted pro hac vice) JAGER SMITH P.C. One Financial Center Boston, Massachusetts telephone: (617) facsimile: (617) bsmith@jagersmith.com sreingold@jagersmith.com _1 2

10 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 3 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND ) Chapter 11 In re ) ) Case No (WCH) PAWTUCKET ASPHALT CORP., ) ) Debtor. ) ) FIRST APPLICATION OF JAGER SMITH P.C. FOR COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Jager Smith P.C. ( Jager Smith ) hereby submits this First Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Counsel to the Official Committee of Unsecured Creditors (this Application ) pursuant to Section 331 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code ), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and Rule of the Local Rules for the United States Bankruptcy Court for the District of Rhode Island (the Local Rules ). Jager Smith respectfully requests approval and payment of compensation for the actual, reasonable and necessary services rendered, and approval and reimbursement of the actual, reasonable and necessary expenses incurred, during the period from March 29, 2012 through August 31, 2013, as counsel to the Official Committee of Unsecured Creditors (the Committee ) of Pawtucket Asphalt Corporation ( PAC ) and International Paving Corporation ( IPC and, together with PAC, the Debtors ), as the same are described herein. In support of this Application, Jager Smith respectfully states as follows: _1

11 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 4 of 7 Pertinent Procedural History 1. On February 23, 2012, the Debtors filed Voluntary Petitions for relief under Chapter 11 of the Bankruptcy Code. For a period of time subsequent to that date, the Debtors continued in the possession of their assets and in the operation of their businesses as debtors-inpossession pursuant to Sections 1107(a) and 1108 of the Bankruptcy Code. 2. On March 16, 2012, the Court entered an order [ECF No. 29] directing that the cases of PAC and IPC (the Chapter 11 Cases ) be jointly administered On March 26, 2012, the United States Trustee for the District of Rhode Island appointed the Committee [ECF No. 56] to represent the interests of all unsecured creditors of the Debtors. During its first meeting immediately following its formation, the Committee selected Jager Smith to serve as lead counsel to the Committee in connection with the Chapter 11 Cases. 4. On April 4, 2012, the Committee applied to this Court [ECF No. 68] for the approval of the employment of Jager Smith in the Chapter 11 Cases pursuant to Section 1103(a) of the Bankruptcy Code, Bankruptcy Rule 2014(a) and Local Rule , nunc pro tunc to March 29, Jager Smith received no retainer in connection with the Chapter 11 Cases. No objection to such employment was filed, and on April 25, 2012, the Court entered an order [ECF No. 97], a copy of which is submitted herewith as Exhibit A, authorizing the Committee s employment of Jager Smith as its lead counsel in the Chapter 11 Cases. Jurisdiction and Statutory Predicates for Relief Requested 5. The Court has jurisdiction over this Application pursuant to 28 U.S.C. 1334(a) and 157(a). This is a core proceeding under 28 U.S.C. 157(b)(2). The statutory predicates for 1 On June 25, 2013, however, the Court entered an order [ECF No. 285] granting the Debtors motion [ECF No. 284] to terminate joint administration of the Chapter 11 Cases _1 2

12 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 5 of 7 the relief requested herein are Section 331 of the Bankruptcy Code, Bankruptcy Rule 2016, and Local Rule Description of Services Rendered and Expenses Incurred 6. All legal services performed by Jager Smith as covered by this Application were performed for and on behalf of the Committee and not on behalf of any creditor or any other person or entity. 7. In accordance with Local Rule (a)(8), submitted herewith as Exhibit B is a description of the professional background of each lawyer and paraprofessional who participated in Jager Smith s representation of the Committee during the period covered by this Application. 8. In accordance with Local Rule (a)(9), submitted herewith as Exhibit C are summary sheets substantially in the form of R.I. Bankr. Forms C.2 and C Submitted herewith as Exhibit D is a day-to-day description of services rendered by Jager Smith, which is divided into narrative sections corresponding to billing categories utilized by Jager Smith. Each such section includes for each such billing category a narrative description of services rendered, a summary chart of hours worked and fees charged for each attorney and paraprofessional, and a detailed, daily description of services by each attorney and paraprofessional with respect to whom compensation is sought, as compiled from the time records maintained by Jager Smith in the ordinary course, in accordance with Local Rule (a)(6) and Local Rule (e). 10. Jager Smith respectfully submits that the reasonable value of the professional services rendered on behalf of the Committee during the period covered by this Application is $66,285.50, and therefore requests approval and payment of such amount. 2 2 Jager Smith agreed to seek compensation for services rendered by attorneys at a blended rate of $ per hour, and at its usual rates for paraprofessionals, which range from $ per hour to $ per hour _1 3

13 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 6 of Jager Smith also requests approval of and reimbursement for the actual and necessary expenses it incurred on behalf of the Committee during the period covered by this Application in the sum of $744.14, the details of which expenses are submitted herewith as part of Exhibit D. The actual expenses billed to or incurred by Jager Smith during the period covered by this Application include those for, amongst other things, postage, photocopying charges, telephone charges and charges for computer-assisted legal research, all of which Jager Smith has billed in a manner and at rates consistent with charges made generally to the firm s other clients and in accordance with Local Rule (f) and Appendix III to the Local Rules. 12. Jager Smith is informed, and therefore believes, that the Debtors intend, subject to Court approval, to pay one-half of Jager Smith s allowed fees, and one-half of Jager Smith s allowed expenses, from PAC s estate, with the balance to be paid from IPC s estate. See Amended Combined Plan of Reorganization and Disclosure Statement [ECF No. 294] at 12 (discussing treatment of administrative claims). [Remainder of page intentionally left blank.] _1 4

14 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit A Page 7 of 7 Conclusion WHEREFORE, Jager Smith respectfully requests that the Court enter an order as follows: (a) approving its fees in the amount of $66, and expenses in the amount of $744.14, for a total of $67,029.64, for the period from March 29, 2012 through August 31, 2013; (b) authorizing payment to Jager Smith of such amounts in accordance with the foregoing; and (c) granting to Jager Smith such other and further relief as the Court deems just and proper. JAGER SMITH P.C. /s/ Steven C. Reingold Steven C. Reingold (admitted pro hac vice) JAGER SMITH P.C. One Financial Center Boston, Massachusetts telephone: (617) facsimile: (617) sreingold@jagersmith.com Dated: September 6, _1 5

15 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit B Page 1 of 3 EXHIBIT B

16 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit B Page 2 of 3 Professionals Bruce F. Smith. Education: Cornell University (A.B., 1966; J.D., 1969). Phi Kappa Phi; Order of the Coif. Charles Evans Hughes Fellow. Associate Editor, Cornell Law Review, Law Clerk to the Hon. M. Joseph Blumenfeld, Chief U.S. District Judge, Hartford, Connecticut, Assistant U.S. Attorney, Civil and Criminal Divisions, Chief, Environmental Litigation Section, Eastern District of New York, Admitted to practice: 1970, New York, Connecticut, United States District Court, District of Connecticut, Eastern District of New York, Southern District of New York, United States Court of Appeals, Second Circuit; 1974, Massachusetts, United States District Court, District of Massachusetts, United States Court of Appeals, First Circuit; 1998, United States Court of Appeals, Fourth Circuit; 2006, United States District Court, Western District of New York; 2008, United States District Court, Northern District of New York. Member: Massachusetts Bar Association, Boston Bar Association, American Bankruptcy Institute, Turnaround Management Association, Association for Corporate Growth, New York Institute of Credit. Practice areas: Insolvency Law, Business Litigation, Environmental Law. Steven C. Reingold. Education: Rutgers University (B.A., 1990); Boston University School of Law (J.D., 1993). Phi Beta Kappa. Note Editor, Boston University Public Interest Law Journal. Author: Cause and Prejudice: The Rehnquist Court, Habeas Corpus and Judicial Activism, 3 B.U. Pub. Int. L.J. 141 (1993). Admitted to practice: 1993, New Jersey and United States District Court, District of New Jersey; 1994, New York; 1995, United States District Court, Southern and Eastern Districts of New York; 1999, Massachusetts and United States District Court, District of Massachusetts; 2004, New Hampshire and United States District Court, District of New Hampshire; 2006, United States District Court, Western District of New York; 2008, United States Court of Appeals, First Circuit. Adjunct Professor, New England School of Law, Member: American Bankruptcy Institute, Turnaround Management Association, Boston Bar Association, Massachusetts Bar Association, New Hampshire Bar Association, New York Institute of Credit. Practice areas: Bankruptcy, Commercial Litigation. Brendan C. Recupero. Education: Saint Anselm College (B.A. 1996); Suffolk University School of Law (J.D. cum laude, 1999). Managing Editor, Suffolk University Law Review, ; Suffolk Jurisprudence Award, Constitutional Law. Admitted to practice: 1999, Massachusetts, United States District Court for the District of Massachusetts. Law Clerk to the Hon. William C. Hillman, United States Bankruptcy Court, District of Massachusetts, Member: American Bankruptcy Institute, Boston Bar Association, Turnaround Management Association. Practice areas: Bankruptcy, Commercial Litigation. Kristin A. Slack. Education: Bridgewater State College (B.A., 2003); Roger Williams University School of Law (J.D., 2007). Admitted to practice: 2008, Massachusetts. Steven Doherty. Education: Elmira College (B.A., 2005); Suffolk University School of Law (J.D., 2009). Admitted to practice: 2009, Massachusetts. Emily E. Perkins. Education: Bridgewater State College (B.A., 2010) _1

17 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit B Page 3 of 3 Kathleen E. Perkins. Education: Cornell University (B.A. 2012). Erin K. Thurston. Education: Boston College (B.A., 2010); Suffolk University School of Law (J.D. candidate, 2014). Vanessa P. Flavin. Education: Boston College (B.A., 2009) _1 2

18 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit C Page 1 of 5 EXHIBIT C

19 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit C Page 2 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND ) In re ) Chapter 11 ) PAWTUCKET ASPHALT CORP., ) Case No (WCH) ) Debtor. ) ) FEE APPLICATION SUMMARY SHEET Fees Previously Requested: $0.00 Name of Applicant: Jager Smith P.C. Fees Previously Awarded: $0.00 Role in the Case: Counsel to the Official Committee of Unsecured Creditors Expenses Previously Requested: $0.00 Expenses Previously Awarded: $0.00 Current Application: Fees Requested: $66, Retainer Paid: $0.00 Expenses Requested: $ Blended Hourly Rate: $ (Excluding Paraprofessionals) _1

20 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit C Page 3 of 5 Names of Professionals/ Year Admitted Hours Billed Rate Total for Paraprofessionals to Practice (Current Application) Application Partners Bruce F. Smith (BFS) $ $4, Steven C. Reingold (SCR) $ $17, Brendan C. Recupero (BCR) $ $37, Kristin A. Slack (KAS) $ $2, Paraprofessionals Steven Doherty (SD) $ $ Emily E. Perkins (EEP) n/a 3.80 $ $ Kathleen E. Perkins (KEP) n/a 4.20 $ $ Erin K. Thurston (EKT) n/a 3.70 $ $ Vanessa P. Flavin (VPF) n/a 8.80 $ $1, _1 2

21 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit C Page 4 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND ) Chapter 11 In re ) ) Case No (WCH) PAWTUCKET ASPHALT CORP., ) ) Debtor. ) ) INTERIM FEE ALLOWANCE SUMMARY FEES: 1. Interim Fee Request Number: First 2. Interim Period Involved: March 29, 2012 to August 31, Total Hours of Services Performed This Period: Total Interim Fee Allowed to Date: $ Interim Fee Request This Period: $66, Blended Hourly Rate This Period: $ (excluding paraprofessionals) 7. Any Uncredited Retainer as of This Date: None EXPENSES: 1. Total Expense Reimbursements Allowed to Date: $ Interim Expenses Requested This Period: $ Breakdown of Item No. 2: a. Travel Expense: $ b. Postage: $ _1

22 Case 1:12-bk Doc Filed 09/06/13 Entered 09/06/13 12:04:47 Desc Exhibit C Page 5 of 5 c. Photocopies: $ d. Express Mail/Messenger: $48.46 e. Overtime Charges: $0.00 f. Other Expenses (itemize): $ i. Computer-Assisted Legal Research (Westlaw): $20.84 ii. Telephone Calls: $17.99 iii. Filing Fees: $ _1 2

23 Exhibit D Page 1 of 39 EXHIBIT D

24 Exhibit D Page 2 of 39 Asset Analysis and Recovery For purposes of this Application, 1 Jager Smith has included in this category, amongst other things, time spent on behalf of the Committee reviewing the Debtors schedules of assets and liabilities, and statements of financial affairs, preparing requests for copies of pertinent documents from the Debtors principal secured creditor, reviewing the documents that such creditor produced, and analyzing the potential causes of action that existed against such creditor in favor of the Debtors estates and other third parties. In rendering the services included in this category, Jager Smith incurred fees totaling $5, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Steven C. Reingold (SCR) $ $ Brendan C. Recupero (BCR) $ $5, Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the First Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Counsel to the Official Committee of Unsecured Creditors (the Application ) _1

25 Exhibit D Page 3 of 39

26 Exhibit D Page 4 of 39

27 Exhibit D Page 5 of 39 Asset Disposition Jager Smith has included in this category, amongst other things, time spent reviewing, and communicating with the Debtors counsel, the secured creditors counsel and the members of the Committee regarding, the numerous issues raised by the Debtors motion to establish bid procedures and sell substantially all of PAC s assets free and clear of all liens, claims, encumbrances and interests pursuant to Section 363 of the Bankruptcy Code. Jager Smith has also included in this category time spent preparing an objection on behalf of the Committee to the Debtors sale motion, and time spent reviewing and communicating with the Debtors counsel regarding a consent order, the purpose of which was to address and resolve the Committee s objections to the Debtors sale efforts. In addition, Jager Smith has included in this category time spent attempting to expand the number of potential bidders for PAC s assets, including time spent working with the attorney for a potential bidder to ensure that such party had ample opportunity to submit a qualifying bid for PAC s assets, and time spent preparing a notice of the intended sale and disseminating it to hundreds of potentially interested parties in PAC s industry throughout New England, as well as time spent preparing for and attending the auction and the hearing held in connection with the asset sale. Also, Jager Smith has included in this category time spent conferring with counsel to the Debtors and to the secured creditors regarding the disposition of the proceeds of the asset sale, including the manner in which a dividend would be realized for the holders of allowed general unsecured claims. In rendering the services included in this category, Jager Smith incurred fees totaling $12, The time charged to this category is as follows: _1

28 Exhibit D Page 6 of 39 Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $1, Steven C. Reingold (SCR) $ $8, Brendan C. Recupero (BCR) $ $ Kathleen E. Perkins (KEP) $ $ Emily E. Perkins (EEP) $ $ _1

29 Exhibit D Page 7 of 39

30 Exhibit D Page 8 of 39

31 Exhibit D Page 9 of 39

32 Exhibit D Page 10 of 39

33 Exhibit D Page 11 of 39 Business Operations Jager Smith has included in this category, amongst other things, time spent reviewing the Debtors monthly operating reports and communicating with the Debtors counsel regarding the same. In rendering the services included in this category, Jager Smith incurred fees totaling $3, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $ Steven C. Reingold (SCR) $ $ Brendan C. Recupero (BCR) $ $2, Erin K. Thurston (EKT) $ $ _1

34 Exhibit D Page 12 of 39

35 Exhibit D Page 13 of 39

36 Exhibit D Page 14 of 39 Case Administration Jager Smith has included in this category, amongst other things, time spent performing administrative tasks directly related to and in support of its representation of the Committee, including the creation and maintenance of a website page containing copies of all pleadings filed in the Chapter 11 Cases, which pleadings could be accessed by unsecured creditors at no cost. In addition, Jager Smith has included in this category time spent addressing the Debtors motion to terminate the Chapter 11 Cases joint administration, and the effects of the order granting that motion. In rendering the services included in this category, Jager Smith incurred fees totaling $2, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $ Steven C. Reingold (SCR) $ $ Brendan C. Recupero (BCR) $ $ Vanessa P. Flavin (VPF) $ $1, Emily E. Perkins (EEP) $ $ _1

37 Exhibit D Page 15 of 39

38 Exhibit D Page 16 of 39

39 Exhibit D Page 17 of 39

40 Exhibit D Page 18 of 39 Claims Administration and Objections Jager Smith has included in this category, amongst other things, time spent responding to and addressing numerous creditors enquiries regarding their claims and the payment thereof. In rendering the services included in this category, Jager Smith incurred fees totaling $2, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Kristin A. Slack (KAS) $ $2, _1

41 Exhibit D Page 19 of 39

42 Exhibit D Page 20 of 39

43 Exhibit D Page 21 of 39 Employment Applications and Objections Jager Smith has included in this category, amongst other things, time spent preparing and filing the Committee s application to employ Jager Smith as its lead counsel in the Chapter 11 Cases, along with the declaration and supplemental declaration relating thereto, as well as time spent in respect of the Committee s efforts to gain pro hac vice admission for certain of its attorneys. In rendering the services included in this category, Jager Smith incurred fees totaling $7, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $ Steven C. Reingold (SCR) $ $ Brendan C. Recupero (BCR) $ $5, Steven Doherty (SD) $ $ Vanessa P. Flavin (VPF) $ $ Erin K. Thurston (EKT) $ $ _1

44 Exhibit D Page 22 of 39

45 Exhibit D Page 23 of 39

46 Exhibit D Page 24 of 39 Fee Applications and Objections Jager Smith has included in this category time spent preparing the Application. In rendering the services included in this category, Jager Smith incurred fees totaling $3, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Steven C. Reingold (SCR) $ $3, _1

47 Exhibit D Page 25 of 39

48 Exhibit D Page 26 of 39 Financing Jager Smith has included in this category, amongst other things, time spent reviewing and analyzing the interim order granting the Debtors authority to use the cash collateral of their secured creditors and the budget approved in connection therewith, and time spent preparing an objection to the Debtors request for such authority on a final basis. In addition, Jager Smith has included in this category time spent preparing for and attending the hearing held in respect of the Debtors efforts to use cash collateral, and time spent conferring with counsel for the Debtors and for their secured creditors regarding the same and the form of final order to be entered in connection therewith. Jager Smith has also included in this category time spent requesting and analyzing documentation supporting the claims of one of the Debtors secured creditors. In rendering the services included in this category, Jager Smith incurred fees totaling $21, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $ Steven C. Reingold (SCR) $ $1, Brendan C. Recupero (BCR) $ $19, Erin K. Thurston (EKT) $ $ _1

49 Exhibit D Page 27 of 39

50 Exhibit D Page 28 of 39

51 Exhibit D Page 29 of 39

52 Exhibit D Page 30 of 39

53 Exhibit D Page 31 of 39 Meetings of Creditors Jager Smith has included in this category, amongst other things, time spent communicating with the Committee, by way of written reports and conference calls, about the status of the Chapter 11 Cases and numerous issues raised therein as are discussed elsewhere in this Application. Jager Smith has also included in this category time spent attending the meetings of creditors that the UST convened under Section 341 of the Bankruptcy Code. In rendering the services included in this category, Jager Smith incurred fees totaling $4, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $ Steven C. Reingold (SCR) $ $ Brendan C. Recupero (BCR) $ $3, _1

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56 Exhibit D Page 34 of 39 Plan and Disclosure Statement Jager Smith has included in this category, amongst other things, time spent reviewing and commenting regarding PAC s proposed combined disclosure statement and plan of liquidation, and engaging in discussions with the Debtors counsel regarding the same and certain issues that the Committee believed should have been addressed therein, as a result of which discussions PAC amended the pleading. In rendering the services included in this category, Jager Smith incurred fees totaling $2, The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Bruce F. Smith (BFS) $ $ Steven C. Reingold (SCR) $ $1, _1

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58 Exhibit D Page 36 of 39 Relief from Stay Proceedings Jager Smith has included in this category time spent reviewing the pleadings that one of the Debtors creditors filed in respect of its efforts to obtain relief from the automatic stay, reviewing the Debtors response thereto, and analyzing the issues presented in connection therewith. In rendering the services included in this category, Jager Smith incurred fees totaling $ The time charged to this category is as follows: Attorney/Paraprofessional Rate Hours Total Brendan C. Recupero (BCR) $ $ _1

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60 Exhibit D Page 38 of 39 Expenses In rendering the services detailed in this Application, the following expenses, which total $744.14, were necessary _1

61 Exhibit D Page 39 of 39