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RESPONSE TO OBJECTION PAGE 1


IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re: ) Chapter 11
)
MERVYNS HOLDINGS, LLC, et al., ) Case No. 08-11586(KG)
)
Debtors. ) Jointly Administered
)
) Objection Deadline: May 12, 2010 at 4:00 p.m.
) Hearing Date: May 19, 2010 at 10:00 a.m. (EDT)


ERWIN A. CAIN, P.C.S RESPONSE TO DEBTORS TWENTY-SEVENTH OMNIBUS
OBJECTION (SUBSTANTIVE) TO CERTAIN (C) OVERSTATED CLAIMS AND
MOTION TO (I) RECLASSIFY, (II) REDUCE AND RECLASSIFY OR EXPUNGE
SUCH CLAIMS, OR (III) REDUCE OR EXPUNGE SUCH CLAIMS

COMES NOW, ERWIN A. CAIN, P.C. and files this its Response to Debtors Twenty-
Seventh Omnibus Objection (Substantive) to Certain (C) Overstated Claims and Motion to (I)
Reclassify, (II) Reduce and Reclassify or Expunge Such Claims, or (III) Reduce or Expunge Such
Claims, and would show the Court as follows:
1. Name of Claimant and Description of Basis for the amount of Claimants Claim.

Claimant is Erwin A. Cain, P.C. The basis for the amount of claimants claim, $909.15,
is: the amount is for legal fees attributable to work conducted prior to the undersigned being
advised of the bankruptcy, attributable to work for filing the Suggestion of Bankruptcy, and
attributable to work done to enable this litigation to be closed without payment of damages by
the Debtor despite a prior agreement to pay certain sums in settlement.

2. Concise Statement setting forth the reasons why such claim should not be
disallowed for the reasons set forth in the Objection, including, but not limited to, the specific
factual and legal bases upon which the claimant will rely in opposing the Objection.

The fees which are the basis of the claim were reasonable in fact, quite nominal for
the work performed, and the legal work was necessary to protect the Debtors interests in this
state court litigation. Further, the legal work performed resulted in the closure of the state court
litigation without a settlement or damages payment by the Debtor, despite a pre-bankruptcy
agreement to contribute $11,250 toward the settlement.
0q/v*%+!+
0811586100511000000000001
Docket #4866 Date Filed: 5/11/2010
________________________________________________________________________________________________________
RESPONSE TO OBJECTION PAGE 2

3. All documentation or other evidence of the claim.

See attached.


Respectfully Submitted,



By: /s/ Michael G. Lee
Erwin A. Cain
State Bar No. 03609050
ecain@cainlawfirm.com
Michael G. Lee
State Bar No. 12129550
mlee@cainlawfirm.com

ERWIN A. CAIN, P.C.
9400 N. Central Expressway
Suite 250
Dallas, Texas 75231
(972) 437-4444 Telephone
(972) 437-4470 Facsimile








CERTIFICATE OF SERVICE

This is to certify that on this the 11th day of May, 2010, a true and correct copy of the
foregoing document was sent, pursuant to FRCP 5, to all counsel via the Courts electronic case
filing system.




/s/ Michael G. Lee
Erwin A. Cain/Michael G. Lee

P.O. Box 577
_______ ____________ TX
Invoice submitted to:
Glen Wortman
Sedgwick CMS
PO Box 4276
Walnut Creek CA 94596
November 11, 2008
In Reference To:RE: Genaro Basurto, et al. v. Mervyn's, LLC
Claim: 496169
DOL: 09/17/05
Invoice #12054
Professional Services
Erwin A. Cain EAC Partner $175.00/hr
Michael G. Lee MGL Partner $165.00/hr
EAC 0.4 hrs $ 70.00
MGL 4.9 hrs $ 808.50
Total: 5.3 hrs $ 878.50
8/1/2008 EAC Telephone conference with Kone's attorney about paying
checks for settlement.
EAC Telephone call to Rob Ramage regarding settlement.
8/6/2008 ML Review and analyze the Final Judgment which Plaintiffs and
KONE had entered which does not reference Mervyn's.
ML Extended phone conversation with Adam Gallegos, re why the
case settled with a prove up, not inviting us.
ML Phone call from Adam Gal/egos, new attorney for KONE, re the
settlement.
ML Phone call to Adam Gallegos, explaining what steps must be
undertaken by KONE and Plaintiffs to release and get a
judgment protecting Mervyn's.
8/7/2008 ML Review and analyze email from Adam Gallegos, re new
proposed settlement agreement and agreed judgment.
8/8/2008 EAC Email to Glen regarding status.
8/11/2008 ML Prepare extensive email to Adam Gallegos, forwarding my
proposed revisions to the revised settlement papers.
(972) 437-4444
Hrs/Rate Amount
0.10
175.00/hr
17.50
0.10
175.00/hr
17.50
0.40
165.00/hr
66.00
0.40
165.00/hr
66.00
0.30
165.00/hr
49.50
0.20
165.00/hr
33.00
0.50
165.00/hr
82.50
0.10
175.00/hr
17.50
0.50
165.00/hr
82.50
2
Glen Wortman
8/14/2008 MGL Letter to Talim Song and Adam Gallegos regarding bankruptcy.
8/15/2008 EAC Review email from Colleen about Notice of Bankruptcy filing and
Form Notice to opposing counsel.
ML Prepare emails to counsel, advising them of Mervyn's
bankruptcy, and prepare fax letter re same.
ML Phone calls to counsel advising them of Mervyn's bankruptcy.
8/28/2008 ML Prepare Suggestion of Bankruptcy.
9/17/2008 ML Review and analyze email from Colleen Dahle-Hong re the
Suggestion of Bankruptcy.
ML Review and analyze follow-up email from Colleen Dahle-Hong,
requesting copy of the Dismissal paperwork.
ML Review and analyze further follow-up email from Colleen
Dahle-Hong re the suggestion of bankruptcy in light of the
dismissal.
ML Prepare email to Colleen Dahle-Hong re the Suggestion of
Bankruptcy.
ML Prepare email to Colleen Dahle-Hong re the Motion for Nonsuit
and the court's Order closing the case.
9/25/2008 ML Review and revise the Suggestion of Bankruptcy, and prepare
letter to the court.
9/29/2008 ML Phone call to the court coordinator, re the efforts of Kane to
have the case reopened in a hearing today, for purpose of
entering a new jUdgment, asking her to remind the court that
Mervyn's is in bankruptcy and no action can be taken adverse
to Mervyn's.
10/22/2008 ML Prepare letter to the state court clerk, resending the
Suggestion of Bankruptcy.
Page
Hrs/Rate Amount
0.20
165.00/hr
33.00
0.10
175.00/hr
17.50
0.30
165.00/hr
49.50
0.30
165.00/hr
49.50
0.30
165.00/hr
49.50
0.10
165.00/hr
16.50
0.10
165.00/hr
16.50
0.10
165.00/hr
16.50
0.10
165.00/hr
16.50
0.20
165.00/hr
33.00
0.20
165.00/hr
33.00
0.20
165.00/hr
33.00
0.20
165.00/hr
33.00
Glen Wortman
10/22/2008 ML Phone call to the court clerk re the status of the filing of the
Suggestion of Bankruptcy.
10/28/2008 ML Review and analyze the filed copy of the Suggestion of
Bankruptcy, and prepare email to Colleen Dahle-Hong re
forwarding same.
For professional services rendered
Additional Charges:
9/2/2008 Copies
Fax charges.
9/30/2008 Copies
10/31/2008 Copies
Total costs
Total amount of this bill
Previous balance
8/11/2008 Payment - thank you
Total payments and adjustments
Balance due
HrslRate
0.10
165.00/hr
0.20
165.00/hr
5.30
Page 3
Amount
16.50
33.00
$878.50
11.40
18.50
0.15
0.60
$30.65
$909.15
$289.39
($289.39)
($289.39)
$909.15
Tax 10 No. 75-2622570

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