Houston Real Estate Developer Robert Wiseman Dodgin’ Foreclosure by Employin’ Bandit Lawyers

To the Honorable Eduardo V. Rodriguez:

Tran Singh LLP (“Applicant”) submits this First and Final Application for Approval of Compensation for Services Rendered and Reimbursement of Expenses Incurred as Bankruptcy Counsel for 2518 Cleburne Housing LLC (herein after the “Debtor”), Debtor-in-Possession for the time period of June 6, 2023 to July 11, 2024 (the “Fee Application”) and would shows as follows:

1.                  The Debtor filed a voluntary petition for relief on June 5, 2023 (the “Petition Date”) under Chapter 11 of Title 11, United States Code 11 U.S.C. § 101 et seq. (the “Bankruptcy Code”) with a Subchapter V designation.

The Debtor’s case is pending before the United States Bankruptcy Court for the Southern District of Texas, Houston Division

2.                  On June 7, 2023, Thomas A Howley was appointed as Subchapter V Trustee.

3.                  Employment of Applicant was authorized by this Court on July 20, 2023. As part of the retention agreement between the Debtor and Applicant, the Debtor has agreed to compensate Applicant in accordance with its normal billing practice and subject to the provisions of 11 U.S.C. § 327(a) and approval of this Court.

The Debtor has also agreed to pay for reasonable and necessary expenses incurred in rendering legal services, including but not limited to, postage, photocopying, long distance charges, depositions, and filing fees.

Pursuant to the Bankruptcy Code, the fees of Applicant, together with its necessary disbursement and expenses, constitute administrative expenses of the Debtor’s estate in such amounts as may be allowed by the Court.

Applicant received a pre-petition retainer in the amount of $15,000.00.

4.                  Applicant was employed by and continues to act as bankruptcy counsel for the Reorganized Debtor.

This First and Final Fee Application is for the fees and expenses of Applicant in its representation of Debtor for the time period of the Chapter 11 case from the Petition Date through July 11, 2024.

5.                  By this Fee Application and pursuant to 11 U.S.C. § 330(a) and 331 and Bankruptcy Rule 2016, Applicant seeks approval of its fees and expenses from June 6, 2023 through July 11, 2024, and requests approval of its professional and paraprofessional fees of $32,249.00 and reimbursement of necessary expenses in the amount of $85.68.

CASE STATUS, BACKGROUND OF DEBTOR AND DESCRIPTION OF SERVICES, AND ISSUES IN CASE AND RESULTS ACHIEVED

6.                  On June 5, 2023, the Debtor filed their Chapter 11 bankruptcy case.

7.                  The Debtor’s Subchapter 11 Plan [Docket No. 21] was confirmed on December 5, 2023.

TIME AND LABOR REQUIRED

8.                  Applicant has set forth the actual time expended by Applicant in its capacity as general bankruptcy counsel. Applicant’s detailed time records regarding representation of the Debtor’s as general bankruptcy counsel are attached as Exhibit 1.

Applicant’s professionals and paraprofessionals expended a total of 81.2 hours this case for total professional and paraprofessional fees in the amount of $32,249.00 with regards to its representation of the Debtor as general bankruptcy counsel.

NOVELTY AND DIFFICULTY OF ISSUES PRESENTED

9.                  The case did not pose any complex or novel bankruptcy issues.

SKILLS REQUISITE TO PROPERLY PERFORM THE LEGAL SERVICES

10.              An understanding of the bankruptcy laws and issues was important to the proper representation of the Debtor. This case presented issues that required a working knowledge of the Bankruptcy code and case law and required an attorney with working knowledge and skill in Chapter 11 cases.

11.              Applicant required significant skills and expertise in Chapter 11 cases. Applicant believes that the case required significant knowledge of business bankruptcy and understanding of finance.

PRECLUSION FROM OTHER EMPLOYMENT

12.              Involvement in this particular chapter 11 case required considerable time and precluded Applicant from representation of other Debtors in Subchapter V cases.

CUSTOMARY FEE

13.              All charges for services rendered and for reimbursement of cost incurred are the rates in the amounts Applicant customarily billed to, and collected from, Applicant’s other clients for similar services.

Applicant’s time records indicate (i) all professionals who rendered services for the Debtor, (ii) the time expended by each person for each day, (iii) the respective billing rates

3

of these persons, and (iv) the total requested amounts for services rendered to the Debtor is attached as Exhibit 1. Applicant’s attorneys recorded the services they performed on daily time sheets in six-minute increments, or in tenths of an hour.

These time entries were made substantially contemporaneously with the performance of the services described in the time records and were kept in the regular course of the Applicant’s business.

Applicant believes that the amount requested as compensation for services rendered and for reimbursement of expenses incurred are reasonable, necessary and should be approved.

WHETHER THE FEE IS FIXED OR CONTINGENT

14.              Applicant has calculated its fee on the basis an hourly rate for the services performed.

15.              While Applicant received one prepetition retainer in the amount of $15,000.00 Applicant had no assurances of further payment to be received as an administrative claim of the estate.

LIMITATION IMPOSED BY THE CLIENT OR OTHER CIRCUMSTANCES

16.              Applicant attempted to work to meet deadlines imposed by the Court and the Bankruptcy Code. The need to complete matters and obtain approvals on a timely basis for certain matters required Applicant to have limited opportunities for other matters.

AMOUNTS INVOLVED AND RESULTS OBTAINED

17.              Applicant provided a benefit to the Debtor’s estate as the bankruptcy process allowed creditors to determine the total liabilities of the Debtor and obtaining confirmation of a consensual plan.

UNDESIRABILITY OF THE CASE

18.              This case was not undesirable, however, each case poses a likelihood of potential conversion to Chapter 7, leaving Applicant as an administrative expense secondary to Chapter 7 administrative expenses.

NATURE AND LENGTH OF PROFESSIONAL RELATIONSHIP WITH THE DEBTOR

19.              Applicant was retained by the Debtor on June 6, 2023 and did not represent the Debtor previously.

AWARDS OF SIMILAR CASES

20.              The fees requested by Applicant are comparable to the fees requested in other similar proceedings for similar services. Applicant requests that this Court take notice of awards in comparable cases for comparable services.

FEES AND EXPENSES REQUESTED

The fees and expenses requested in this application are as follows:

Total Professional and Paraprofessional Fees
$32,249.00
Total Expenses
$85.68
Total Amount
$32,334.68

The expenses of Applicant are set forth in Exhibit 1. Applicant believes that the total expenses are reasonable, necessary, and appropriately reimbursable.

CONCLUSION

21.              Applicant believes that the services rendered by it as described have been beneficial to the Debtor’s estate as Debtor’s Plan was confirmed.

Applicant further believes and represents that the Total Fees and Expenses sought in connection with the services provided are reasonable based upon the nature, extent and value of the services, the time spent on the services, and the cost of comparable services rendered other than in a case under Title 11 of the United States Code.

WHEREFORE, Applicant respectfully requests that this Court enter an Order approving Applicant’s request for an allowance of Total Professional and Paraprofessional Fees of $32,249.00 and allowance of Total Expenses of $85.68 for the period of June 6, 2023 through July 11, 2024.

Dated: July 11, 2024

Respectfully submitted,

TRAN SINGH LLP
By: /s/Brendon Singh

Susan Tran Adams | TBN: 24075648
Brendon Singh | TBN: 24075646

2502 La Branch Street
Houston TX 77004
Ph: (832) 975-7300
Fax: (832) 975-7301
STran@ts-llp.com

Counsel for Debtor and Debtor in Possesion

CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury that this Application, its exhibits, and accompanying proposed order was served on July 11, 2024 to the creditors listed on the attached creditor mailing matrix via ECF/CM or U.S. Mail.

/s/Brendon Singh

Brendon Singh

As anticipated, no movement since filing, its all being addressed in private and in the BK court as shown above.

No communication or responses received from any of LIT’s emails.