IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN ) ) ) ) ) ) ) Debtor.

Transcription

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: ARCHDIOCESE OF MILWAUKEE, Debtor. Chapter 11 Case No SVK FINAL FEE APPLICATION OF BUSINESS MANAGEMENT INTERNATIONAL, COMPUTER CONSULTANTS TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS, FOR FINAL ALLOWANCE OF FEES AND EXPENSES By this final fee application (the Application, Business Management International ( the Firm, computer consultant to the Official Committee of Unsecured Creditors (the Committee, respectfully requests issuance of an order pursuant to 11 U.S.C. 330; Federal Rule of Bankruptcy Procedure 2016; Local Rule 2016 of the United States Bankruptcy Court for the Eastern District of Wisconsin; this Court s Order Granting Debtor s Motion to Establish Procedures for Interim Compensation and Reimbursement of Expenses of Professionals [Docket No. 158] (the Compensation Order, and this Court s Order Granting Modification of Debtor s Motion to Establish Procedures for Interim Compensation and Reimbursement of Expenses of Professionals [Docket No. 1784], (a allowing on a final basis all of the Firm s fees in the amount of DOCS_LA: Case svk Doc 3390 Filed 02/01/16 Page 1 of 6

2 $6, (the Final Fee Amount for services rendered during the period May 17, 2011 through November 30, 2015 (the Compensation Period ; and (b allowing on a final basis reimbursement of the Firm s expenses incurred during the Compensation Period in the amount of $12.00 (the Final Expense Amount.. I. RETENTION AND COMPENSATION IN THIS BANKRUPTCY CASE 1. On January 4, 2011, the Archdiocese of Milwaukee (the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code, 11 U.S.C. 101 et seq. 2. On or about January 24, 2011, the United States Trustee appointed the Committee to represent the Debtor s unsecured creditors pursuant to 11 U.S.C. 1102(a(1. 3. On June 13, 2011, the Committee filed an application with this Court for authorization to employ BMI as computer consultants, pursuant to 11 U.S.C. 328, 504, 1102, and 1103 and Federal Rules of Bankruptcy Procedure 2014 and See Doc. No On June 29, 2011, this Court entered an order authorizing the Committee to employ BMI as computer consultants for the Committee nunc pro tunc to May 17, 2011 with a fee cap of $15,000. See Doc. No Pursuant to the Compensation Order, professionals were entitled to request, on a monthly basis, to receive Court approval for payment for 80% of their total DOCS_LA: Case svk Doc 3390 Filed 02/01/16 Page 2 of 6

3 fees and 100% of their expenses. Also pursuant to the Compensation Order, professionals were permitted to file interim fee applications on a quarterly basis requesting Court approval for payment of the 20% held back in the prior approved monthly fee applications. 6. BMI was subject to a fee cap of $15,000. See para. 4 of Order at Docket No The Firm has not exceeded that fee cap. 7. The Firm filed one interim fee application (the Interim Fee Application during the course of this bankruptcy case. See Doc. No On July 9, 2012, the Court approved that Interim Fee Application. See Doc. No The Court ordered the Debtor to pay the Firm $6, in fees and $12.00 in expenses. See id. 9. The Firm respectfully requests that its Interim Fee Application be incorporated into this final fee application. 10. The Firm s hourly rates charged in this case are comparable with rates charged by other professionals having the same amount of experience and expertise for similar services. There has been no unnecessary duplication of services by the Firm s professionals. Where two or more professionals participated in any one activity, such joint participation was necessary as a result of (a either the size or complexity of the matters involved or (b the need to familiarize each professional with the matters at issue so that the Firm could perform further necessary services. DOCS_LA: Case svk Doc 3390 Filed 02/01/16 Page 3 of 6

4 11. The Firm avers that as of November 30, 2015, it has received total compensation in this case in satisfaction of its Interim Fee Application in the amount of $6, The Firm seeks final approval of the entirety of its Final Fee Amount and Final Expense Amount in the total amount of $6, II. BENEFIT TO THE BANKRUPTCY CASE 12. The Firm s focused and brief work benefitted the interests of the Committee and the unsecured creditors in this bankruptcy case. In its capacity as computer consultants to the Committee, BMI assisted the Committee s financial advisor, Berkeley Research Group, LLC, with converting raw, electronic accounting data from the Debtor into readable format; and running reports on that data necessary for BRG to perform certain analyses of the Debtor s assets. 13. In order for BRG to investigate these potential assets of the estate, BRG sought to utilize data contained in the Debtor s electronic general ledger/accounting system, which is run on a Microsoft software known as Great Plains. 1 BRG required the expertise of the computer consultants at BMI who could convert the data in Great Plains into a format that BRG could use, who could assist in the running of reports of the Great Plains data, and who could provide the software license for BRG s use of the Great Plains software. 1 Microsoft renamed the Great Plains software a years ago as Microsoft Dynamics GP when it acquired four different companies with four different accounting software packages (Great Plains, Navision, Axapta, and Solomon. Microsoft consolidated those software packages under one division and renamed then. Most users in the industry continue to refer to Microsoft Dynamics GP as Great Plains. DOCS_LA: Case svk Doc 3390 Filed 02/01/16 Page 4 of 6

5 14. BMI is a computer consultant firm that owns software licenses entitling it to run the Great Plains software. In order to use the Debtor s Great Plains data and have BRG run and analyze the necessary reports from that data, the Committee needed to either acquire a Great Plains license and related software, at an estimated cost of up to $10,000; or else hire BMI, which already had a license, the software, the training, and the experience to run the necessary reports at BRG s direction. BMI completed its work for the Committee for less money than it would have cost the Committee to acquire a new license, and for less than half of the fee cap amount the Court approved for its work. [remainder of page left intentionally blank] DOCS_LA: Case svk Doc 3390 Filed 02/01/16 Page 5 of 6

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7 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: Archdiocese of Milwaukee Case No SVK Chapter 11 Debtor in Possession, NOTICE OF FINAL APPLICATION FOR COMPENSATION OF BUSINESS MANAGEMENT INTERNATIONAL, COMPUTER CONSULTANTS TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO: Interested Parties PLEASE TAKE NOTICE that Business Management International, ( BMI has filed its Final Application for Compensation and Reimbursement of Expenses for this case. A copy of the Application is attached to this notice. The Fees requested are as follows: Applicant Fees Expenses Total Business Management International $6, $12.00 $6, Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. (If you do not have an attorney, you may wish to consult one. If you do not want the Court to approve the application, or if you would like the Court to Prepared By: Albert Solochek Jason R. Pilmaier 1845 N. Farwell Ave, Suite 301 Milwaukee, WI ( Telephone ( Facsimile alsolochek@hswmke.com jpilmaier@hswmke.com Case svk Doc Filed 02/01/16 Page 1 of 2

8 consider your views on it, then within 14 days of the date of this notice, you or your attorney must: 1. File with the court a written objection to the application(s for compensation and reimbursement of expenses and a request for a hearing at: Clerk, U. S. Bankruptcy Court Room 126, Federal Courthouse 517 E. Wisconsin Avenue Milwaukee, WI If you mail your objection to the court for filing, you must mail it early enough so the court will receive it on or before the date stated above. You must also mail a copy to: Business Management International Attn: Laurel Loehlin 529 W42nd Street, Floor 4, Suite L New York, NY If you mail your Response to the Court for filing, you must mail it early enough so the Court will receive it on or before the date stated above. If you or your attorney do not take these steps, the Court may decide that you do not oppose the application and may enter an order approving it without further notice or hearing. Dated: February 1, /s/jason Pilmaier Albert Solochek Jason R Pilmaier Attorneys for the Committee Howard, Solochek & Weber, S.C N. Farwell Ave., Suite 301 Milwaukee, WI alsolochek@hswmke.com jpilmaier@hswmke.com Case svk Doc Filed 02/01/16 Page 2 of 2

9 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: Archdiocese of Milwaukee Case No SVK Chapter 11 Debtor in Possession ORDER APPROVING FINAL APPLICATION OF BUSINESS MANAGEMENT INTERNATIONAL FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES Upon the Applications of Business Management International for Interim Compensation and Reimbursement of Expenses and the Final Application of Business Management International for Compensation and Reimbursement of Expenses; and the Court having reviewed the moving papers, together with all records, files and proceedings had herein; and the Court being duly advised in the premises; now, therefore, Albert Solochek Jason Pilmaier Howard, Solochek & Weber, S.C N. Farwell Avenue, Suite 301 Milwaukee, WI ( Telephone ( Facsimile Case svk Doc Filed 02/01/16 Page 1 of 2

10 IT IS HEREBY ORDERED: 1. That the interim applications and the final application for fees and reimbursement of expenses of Business Management International are approved and Business Management International be and is hereby authorized compensation for services for the Official Committee of Unsecured Creditors in the within estate in the sum of $6, ( Final Fee Amount plus reimbursement of expenses in the amount of $12.00 ( Final Expense Amount for a total of $6, ##### Case svk Doc Filed 02/01/16 Page 2 of 2

11 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: Archdiocese of Milwaukee Debtor in Possession, Case No SVK Chapter 11 CERTIFICATE OF SERVICE Jason R. Pilmaier, being first duly sworn on oath deposes and says that on February 1, 2016, I caused to be served to the parties listed on the attached Exhibit A as electronic mail recipients via , and I caused to be served to the parties listed on the attached Exhibit A as U.S. mail recipients via first class mail, postage prepaid, a copy of the following documents filed: (i (ii (iii Final Application of Business Management International, Computer Consultants to the Official Committee of Unsecured Creditors, For Compensation and Reimbursement of Expenses. Notice of Final Application for Compensation. Proposed Order Granting Final Application Compensation. Additionally, the documents were filed using the CM/ECF system, which will send electronic notification of such filing to ECF participants, including the Reorganized Debtor, the Committee and the U.S. Trustee. /s/ Jason R. Pilmaier Howard Solochek & Weber, S.C N. Farwell Ave., Suite 301 Milwaukee, WI ( ( jpilmaier@hswmke.com Prepared by: Albert Solochek Jason Pilmaier Howard Solochek & Weber, S.C N. Farwell Ave., Suite 301 Milwaukee, WI ( ( asolochek@hswmke.com jpilmaier@hswmke.com Case svk Doc Filed 02/01/16 Page 1 of 3

12 In re Archdiocese of Milwaukee January 2016 Electronic Mail Service Recipients PARTY NAME PARTY NOTICE NAME ADDRESS 1 ADDRESS 2 CITY STATE ZIP PHONE FAX PARTY DESCRIPTION Co-counsel to Jeff Anderson & Associates, paul@aikenandscoptur.com; Aiken & Scoptur SC Paul J Scoptur & James P Scoptur 2600 N Mayfair Rd Ste 1030 Milwaukee WI PA james@aikenandscoptur.com Archdiocese of Milwaukee Attn John Marek CFO 3501 S Lake Dr Milwaukee WI Debtor and Debtor in Possession marekj@archmil.org Archdiocese of Milwaukee Julie A Wolf Dir of Communications 3501 S Lake Dr Milwaukee WI Debtor and Debtor in Possession wolfj@archmil.org Becket & Lee LLP Gilbert B Weisman POB 3001 Malvern PA Attorneys for American Express Travel Related Services Co, Inc notices@becket-lee.com David Christian Attorneys LLC Darin J. Van Thournout 3515 W 75th St Ste 208 Prairie Village KS Counsel for Continental Casualty Co. dvanthournout@davidchristianattorneys.com David Christian Attorneys LLC David Christian 3515 W 75th St Ste 208 Prairie Village KS Counsel for Continental Casualty Co. dchristian@davidchristianattorneys.com Duane Morris LLP Russell W Roten & Jeff D. Kahane 865 S. Figueroa St, Suite 3100 Los Angeles CA Counsel for Certain Underwriters at Lloyd's, London and Certain London Market Companies jkahane@duanemorris.com Foley & Lardner LLP Rachel M. Blise 777 East Wisconsin Avenue Milwaukee WI Counsel for Milwaukee Bucks, Inc. rblise@foley.com Godfrey & Kahn SC Timothy F Nixon 780 N Water St Milwaukee WI Howard, Solochek & Weber, S.C. Howard, Solochek & Weber, S.C. Jacobs & Crumplar, PA Albert Solochek Jason Pilmaier Counsel for Archdiocese of Milwaukee Catholic Cemetery Perpetual Care Trust tnixon@gklaw.com 324 E. Wisconsin Avenue, Suite 1100 Milwaukee WI alsolochek@hswmke.com 324 E. Wisconsin Avenue, Suite 1100 Milwaukee WI jpilmaier@hswmke.com Thomas C Crumplar & Raeann Warner 2 E. 7th St PO Box 1271 Wilmington DE Counsel for Claimant A-96 Tom@jcdelaw.com; Raeann@jcdelaw.com; Regina@jcdelaw.com Counsel to Certain Creditors listed on Jeff Anderson & Associates PA Attn Jeff Anderson 366 Jackson St Ste 100 St Paul MN Debtor s 20 Largest jeff@andersonadvocates.com Joseph E Fenzel SC 757 N Broadway Ste 600 Milwaukee WI Counsel to Secured Lender Park Bank jfenzel@fenzellaw.com Law Office of William J. Factor, Ltd. William J. Factor & Jeffrey K. Paulsen 105 W. Madison St, Ste 1500 Chicago IL Nelson, Connell, Conrad, Tallmadge & Slein, S.C. Philip J. Tallmadge & Mark S. Nelson N14 W23755 Stone Ridge Drive, Suite 150 P.O. Box 1109 Waukesha WI Pachulski Stang Ziehl & Jones Attn Gillian N Brown Esq Santa Monica Blvd 13th Floor Los Angeles CA Pachulski Stang Ziehl & Jones Attn James I Stang Esq Santa Monica Blvd 13th Floor Los Angeles CA Pachulski Stang Ziehl & Jones Attn Ken Brown Esq 150 California St 15th Fl San Francisco CA Peterson Johnson & Murray SC James T Murray Jr 733 N Van Buren St 6th Fl Milwaukee WI Counsel for Stonewall Insurance Co. and Commercial Union Insurance Co. nka OneBeacon Insurance Co. Counsel for Stonewall Insurance Co. and Commercial Union Insurance Co. nka OneBeacon Insurance Co. Counsel to Official Committee of Unsecured Creditors Counsel to Official Committee of Unsecured Creditors Counsel to Official Committee of Unsecured Creditors Counsel to Archbishop Rembert G. Weakland wfactor@wfactorlaw.com slorber@wfactorlaw.com jpaulsen@wfactorlaw.com ptallmadge@ncctslaw.com; mnelson@ncctslaw.com gbrown@pszjlaw.com jstang@pszjlaw.com kbrown@pszjlaw.com jmurray@pjmlaw.com PREVIANT GOLDBERG UELMEN GRATZ MILLER & BRUEGGEMAN SC Christopher J Ahrens 1555 N RiverCenter Dr Ste 202 PO Box Milwaukee WI Counsel for Milwaukee Laborer s Local 113 cja@previant.com Special Counsel to the Debtor and Debtor in jar@quarles.com Quarles & Brady LLC John A Rothstein 411 E Wisconsin Ave Ste 2040 Milwaukee WI Possession dpm@quarles.com Robert L Elliott Attorney at Law 735 N Water St #1212 Milwaukee WI Counsel to four creditors rle@attorneyelliott.com Sedgwick LLP Smith Gunderson & Rowen SC Catalina J Sugayan & Marcos G Cancio One North Wacker Dr Ste 4200 Chicago IL James S Smith & Wendy G Gunderson & Michele Marsh W Capitol Dr Ste 100 Brookfield WI State of Wisconsin Department of Public Instruction Ann C Murphy Asst Atty Gen Wisconsin Dept of Justice PO Box 7857 Madison WI Counsel for Certain Underwriters at Lloyd's, London and Certain London Market Companies Attorneys for Certain Personal Injury Claimants; Counsel for Claimant A-61 State of Wisconsin Department of Public Instruction US Trustees Office David W Asbach 517 E Wisconsin Ave Room 430 Milwaukee WI Office of the United States Trustee von Briesen & Roper, s.c. Christopher J Schreiber Esq 411 E Wisconsin Ave Ste 700 Milwaukee WI von Briesen & Roper, s.c. Randall D Crocker Esq 411 E Wisconsin Ave Ste 700 Milwaukee WI Attorneys for Mork Mausoleum Construction, Inc. Attorneys for De Sales Preparatory Seminary, Inc. and Saint Francis De Sales Seminary, Inc. catalina.sugayan@sedgwicklaw.com marcos.cancio@sedgwicklaw.com jsmith@sgr-law.com wgunders@sgr-law.com mmarsh@sgr-law.com murphyac@doj.state.wi.us dave.w.asbach@usdoj.gov debra.schneider@usdoj.gov cschreib@vonbriesen.com rcrocker@vonbriesen.com Case svk Doc Filed 02/01/16 Page 2 of 3 Page 1 of 2

13 In re Archdiocese of Milwaukee January 2016 Electronic Mail Service Recipients PARTY NAME PARTY NOTICE NAME ADDRESS 1 ADDRESS 2 CITY STATE ZIP PHONE FAX PARTY DESCRIPTION Whyte Hirschboeck Dudek SC ddiesing@whdlaw.com Attn Daryl L Diesing & Bruce G Arnold & Michael E Gosman & Francis H LoCoco 555 E Wells St Ste 1900 Milwaukee WI barnold@whdlaw.com mgosman@whdlaw.com Counsel to Debtor and Debtor in Possession flococo@whdlaw.com Wisconsin Department of Revenue Special Procedures Unit 2135 Rimrock Road 5-SPU Attn Hiram F Cutting Madison WI Wisconsin Department of Revenue hiram.cutting@revenue.wi.gov U.S. Mail Service Recipients Brennan Law Offices, LLC Patrick Cavanaugh Brennan 1110 N. Old World 3rd Street Suite 200 Milwaukee WI Attorney fo Claimant A-157 Charles Linneman (Acting Chairperson c/o Jeff Anderson 366 Jackson Street St. Paul MN Dean Weissmueller c/o Jeff Anderson 366 Jackson Street St. Paul MN Department of Workforce Development Division of Unemployment Insurance PO Box 8914 Madison WI Department of Workforce Development Division of Unemployment Insurance Attn Maie Griner Data IKON Financial Services Bankruptcy Administration PO Box Coordinator Macon GA IKON Financial Services Internal Revenue Service Advisor/Reviewer 3101 Constitution Dr AIQ West T7 Group 5 Springfield IL Internal Revenue Service James, Vernon & Weeks PA Craig K Vernon & Leander L James 1626 Lincoln Way Coeur dalene ID Attorney for Various Creditors Karen Konter c/o Jeff Anderson 366 Jackson Street St. Paul MN Kevin Wester c/o Jeff Anderson 366 Jackson Street St. Paul MN Kosnoff Fasy Timothy D. Kosnoff & Daniel Fasy 295 Palmas Inn Way, Suite 130 PMB 178 Humacao PR Attorneys for Various Creditors Peter Neels c/o Jeff Anderson 366 Jackson Street St. Paul MN Recovery Business Solutions Recovery & Bankruptcy Group 3920 Arkwright Rd Ste 400 Macon GA Counsel for Ricoh Business Solutions tw telecom inc Linda Boyle Park Meadows Dr No 400 Littleton CO Counsel for tw telecom inc Wisconsin Department of Justice Office of the Attorney General PO Box 7857 Madison WI Wisconsin Department of Justice Case svk Doc Filed 02/01/16 Page 3 of 3 Page 2 of 2