Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Silver Spring Family Medical Center, LLC

United States District Court, D. Maryland

March 3, 2016

IN RE: SILVER SPRING FAMILY MEDICAL CENTER, LLC. LAW OFFICES OF MARK KOTLARSKY, ESQ. PENSION PLAN, Appellant,
v.
GARY A. ROSEN, Trustee, Appellee

         For Law Offices of Mark Kotlarsky, Esq. Pension Plan, Appellant: Mark Kotlarsky , LEAD ATTORNEY, Law Offices of Mark Kotlarsky, Lisbon, Portugal.

         For Gary A. Rosen, Chapter 7 Trustee for Silver Spring Family Medical Center, LLC, Appellee: Paul Sweeney, LEAD ATTORNEY, Yumkas, Vidmar, Sweeney & Mulrenin, LLC, Columbia, MD.

         For Gary A. Rosen, Trustee: Gary A Rosen, LEAD ATTORNEY, Law Office of Gary A Rosen, Rockville, MD.

         For U.S. Trustee, Trustee: Gerard R Vetter, LEAD ATTORNEY, Office of the U.S. Trustee, Baltimore, MD.

         MEMORANDUM OPINION

         THEODORE D. CHUANG, United States District Judge.

         Appellant Law Offices of Mark Kotlarsky, Esq. Pension Plan (" Kotlarsky" ) appeals an order of the United States Bankruptcy Court for the District of Maryland. The order awarded attorney's fees to counsel for Appellee Trustee Gary A. Rosen (" Trustee" ). The Appeal is fully briefed and ripe for disposition. No hearing is necessary to resolve the issues. D. Md. Local R. 105.6. For the reasons set forth below, the Court AFFIRMS IN PART and REVERSES IN PART the order of the bankruptcy court and REMANDS with instructions for further proceedings.

         BACKGROUND

         I. First Fee Application

         On November 18, 2010, Silver Spring Family Medical Center, LLC filed a Voluntary Petition for Chapter 7 Bankruptcy. On September 27, 2011, Rosen was appointed Trustee for the estate. On December 6, 2012, the bankruptcy court granted the Trustee's request to appoint attorney Paul Sweeney of the law firm of Yumkas, Vidmar & Sweeney, LLC as Special Counsel for the Trustee. On May 9, 2013, the Trustee submitted a First and Final Application Requesting Order Authorizing Final Compensation to Yumkas, Vidmar & Sweeney, LLC (" First Fee Application" ). The application sought $10,472.50 in fees and $25.60 in expenses for services rendered by Sweeney between August 1, 2012 and February 14, 2013. Kotlarsky, a creditor of the estate, opposed the application, characterizing Sweeney's work as unnecessary, unhelpful, and non-compensable. On August 19, 2013, United States Bankruptcy Judge Thomas J. Catliota held a hearing on the fee application as well as motions stemming from a discovery dispute between the Trustee and Kotlarsky. The court awarded Sweeney all but $237 of the requested fees.

         During the hearing, Sweeney asked for leave to file a supplemental fee application to compensate him for work performed after submitting the First Fee Application. The court responded, " [T]o the extent there were fees incurred in defending the application [for attorney's fees], then, you know, I think the law is clear that those fees are properly allowed. And if you want to cite that authority and supplement it, I'll take a look at the supplemental application." Aug. 19, 2013 Hearing Tr. at 42.

         By January 27, 2014, the Trustee had disbursed $64,018.13 and administered the entire estate. The case was closed on March 10, 2014. Sweeney had not filed a supplemental fee application.

         II. Second Fee Application

         Sometime after the case was closed, debtors to Silver Spring Family Medical Center, LLC paid $46,601.01 to the estate. The case was reopened on November 11, 2014 to administer the newly acquired funds. On March 25, 2015, the Trustee submitted a Second and Final Application Requesting Order Authorizing Final Compensation to Yumkas, Vidmar & Sweeney, LLC (" Second Fee Application" ). The application requested $6,500 in fees and $183.94 in expenses for work performed by Sweeney between February 15, 2013 (the day after Rosen submitted the First Fee Application) and August 19, 2013 (the day of the hearing on the First Fee Application). Kotlarsky objected on the grounds that a fee application for work completed more than 19 months earlier, that was submitted over a year after the case had closed, should be denied as untimely.

         At a June 4, 2015 hearing on the application, Sweeney explained that, after he received through the First Fee Application over $10,000 in attorney's fees paid out of an estate valued at about $64,000, he and the Trustee had decided not to seek additional fees for work performed after submitting the First Fee Application. The $46,000 infusion and resuscitation of the bankruptcy case, however, prompted them to pursue those fees. Kotlarsky argued that Sweeney's request for fees was untimely. Kotlarsky reasoned that, if it was not appropriate for Sweeney to seek supplemental fees before the case closed because the value of the estate was not large enough to merit an additional award, then it was not appropriate to for him to seek ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.