12-50073-lmc Doc#316 Filed 09/20/12 Entered 09/20/12 13:01:33 Main Document Pg 1 of 3

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

IN RE:

X X DELTA PRODUCE, L.P., X X Debtor. X ____________________________________X

CASE NO. 12-50073-LMC CHAPTER 11

LIMITED OPPOSITION TO SPECIAL COUNSELS FIRST INTERIM APPLICATION FOR ATTORNEYS FEES & COSTS The Pumpkin Patch, LLP, Juniper Tomato Grower, Inc., Greenhouse Produce Company, LLC., London Fruit, Inc., and Triple H Produce, LLC. (collectively PACA Trust Beneficiaries), file this Limited Opposition to Special Counsels First Interim Application for Attorneys Fees and Costs, and in support thereof state: 1. The above-named PACA Trust Beneficiaries have qualified PACA trust claims which

collectively total in excess of $329,896.65.1 2. The above-named PACA Beneficiaries have no objection to the amount of attorneys

fees and costs sought by Special Counsel. The Claims Procedure Order envisioned that Special Counsel would act much like a Chapter 7 trustee, except that whereas a Chapter 7 trustee does work on behalf of the unsecured creditors, Special Counsel was to do work on behalf of the qualified PACA trust beneficiaries. This procedure was intended to minimize the amount of legal work done by Counsel for each individual PACA trust beneficiary, which would result in duplication of efforts, which in turn would result in the diminution of the PACA trust res as each such Counsel sought fees from the res. By analogy, if counsel for each unsecured creditor in a Chapter 7 proceeding were

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permitted to seek fees for benefiting the estate, then the amount in the estate would be diminished by far more than by permitting a single Chapter 7 trustee to seek such fees. 3. As PACA trust cases go, this case has proceeded smoothly and efficiently, and

Special Counsels fees appear to be reasonable. 4. The above-named PACA Trust Beneficiaries limited objection is that Special

Counsel seeks attorneys fees and costs for time spent in both this case and the jointly administered case of In re Superior Tomato-Avocado, Ltd., case #5:12-BK-50074-LMC, and there should be an apportionment of the fees and costs to each case. 5. The above-named PACA Trust Beneficiaries would have no objection to 50% of the

fees and costs being apportioned to each case.

RESPECTFULLY SUBMITTED,

By:

s/Robert E. Goldman ROBERT E. GOLDMAN, ESQ. Law Office of Robert E. Goldman Admitted Pro Hac Vice 1 East Broward Blvd., Ste. 700 Fort Lauderdale, FL 33301 Tel: (954) 745-7450 Fax: (954) 745-7460

These amounts will increase after interest and attorneys fees are added.
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CERTIFICATE OF SERVICE I hereby certify that on September 20, 2012, I electronically filed the foregoing Motion for Attorneys Fees with the Clerk of the Court using the CM/ ECF system which will send a notice of electronic filing to all parties of record.

By:

Robert E. Goldman Robert E. Goldman

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