UNITED STATES BANKRUPTCY COURT FOR THE WESTERN …330 and 331 of title 11 of the United States Code...

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re: Garlock Sealing Technologies, LLC, et al.,1

Debtors.

CASE NO. 10-31607 CHAPTER 11 Jointly Administered

TWENTIETH INTERIM APPLICATION OF JOSEPH W. GRIER, III, FOR

ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR PROFESSIONAL SERVICES RENDERED AS

FUTURE ASBESTOS CLAIMANTS’ REPRESENTATIVE FOR THE PERIOD FROM MARCH 1, 2017 THROUGH JUNE 30, 2017

Name of Applicant: Joseph W. Grier, III as Legal Representative For Future Asbestos Claimants Date of Retention: 9/16/2010 Period for which compensation and Reimbursement is sought: March 1, 2017 through June 30, 2017 Amount of Compensation sought as actual, Reasonable and necessary: $ 13,970.00 Amount of Expense Reimbursement sought As actual, reasonable and necessary: $ 559.67 Total amount of compensation and expense Reimbursement sought as actual, reasonable And necessary: $ 14,529.67 This is an _____ monthly _X___ interim ______final application. This is the twentieth interim fee application filed for compensation of Fees and Expenses filed on behalf of Joseph W. Grier, III, Future Asbestos Claimants’ Representative.

1 These jointly administered cases are those of the following debtors: Garlock Sealing Technologies, LLC, Garrison Litigation Management Group, Ltd. and The Anchor Packing Company.

Case 10-31607 Doc 6081 Filed 07/21/17 Entered 07/21/17 14:19:08 Desc Main Document Page 1 of 27

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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re: Garlock Sealing Technologies, LLC, et al.,

Debtors.

CASE NO. 10-31607 CHAPTER 11 Jointly Administered

TWENTIETH INTERIM APPLICATION OF JOSEPH W. GRIER, III, FOR

ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR PROFESSIONAL SERVICES RENDERED AS

FUTURE ASBESTOS CLAIMANTS’ REPRESENTATIVE FOR THE PERIOD FROM MARCH 1, 2017 THROUGH JUNE 30, 2017

Joseph W. Grier, III, the duly appointed Legal Representative for Future Asbestos

Claimants (the “FCR” or “Applicant”) in the Debtors’ bankruptcy cases, submits, through

counsel, this Twentieth Interim Application (the “Application”) for Allowance of Compensation

and Reimbursement of Expenses for Professional Services Rendered on behalf of Joseph W.

Grier, III, Legal Representative for Future Asbestos Claimants in the above-captioned cases for

the period from March 1, 2017 through June 30, 2017 (the “Interim Period”) pursuant to sections

330 and 331 of title 11 of the United States Code (the “Bankruptcy Code”), Rule 2016 of the

Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and this Court’s

Administrative Order under 11 U.S.C. §§ 105(a) and 331 Establishing Procedures for Interim

Compensation and Reimbursement of Expenses for Professionals (the “Fee Procedure Order”)

entered July 15, 2010 (Docket No. 233). On June 1, 2015, the Court entered a further Order

approving certain additional fee procedures requested by the fee examiner appointed in this case

(the “Garlock Procedures”) (Docket No. 4634).

By this Application, the FCR hereby moves this Court for an order awarding the

Applicant reasonable compensation for the Interim Period for professional legal services


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rendered by the FCR in the amount of $13,970.00 and reimbursement for actual and necessary

expenses incurred in the amount of $559.67 for a total of $14,529.67. In support of this

Application, the FCR states as follows:

BACKGROUND

1. On June 5, 2010 (the “Filing Date”), the Debtors filed voluntary petitions for

relief under Chapter 11 of the Bankruptcy Code.

2. The Court has jurisdiction over this Application pursuant to 28 U.S.C. §§ 157 and

1334. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).

3. On September 16, 2010, the Court entered an Order appointing the Applicant as

the legal representative for future asbestos claimants in the Debtors’ cases.

4. Beginning on July 14, 2010, the Applicant rendered services and incurred

reasonable expenses in advance of and in connection with his appointment as the FCR.

5. Pursuant to the Fee Procedure Order, professionals may request monthly

compensation and reimbursement. Such requests are to be served on certain identified interested

parties for review. The Garlock Procedures require a twenty-one (21) day objection period.

Accordingly, if no objection to a professional’s request is received within twenty-one (21) days

of such request, the Debtors are authorized to pay 90% of the fees and 100% of the expenses

requested. The Fee Procedure Order also requires each retained professional to file,

approximately every four months, an application for interim Court approval and allowance

pursuant to section 331 of the Bankruptcy Code of 100% of the compensation and

reimbursement expenses for the prior four months.


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COMPENSATION RECEIVED DURING INTERIM PERIOD

6. All services for which the Applicant seeks compensation were performed consonant

with his appointment as FCR. During the Interim Period, the FCR has received monthly

payments from the Debtors pursuant to the Fee Procedure Order as follows:

Date of Period Covered by Requested Requested Payment Request Requested Fees Expenses Received 4/17/17 3/1/17 – 3/31/17 $ 4,235.00 $ 0.00 $ 3,811.50

5/11/17 4/1/17 – 4/30/17 $ 550.00 $ 559.67 $ 1,054.67 6/15/17 5/1/17 – 5/31/17 $ 4,785.00 $ 0.00 NONE 7/20/17 6/1/17 –6/30/17 $ 4,440.00 $ 0.00 NONE $13,970.00 $ 559.67 The FCR’s monthly fee requests were served upon certain interested parties for review as

directed by the Fee Procedure Order. As of the date of this Application, no interested party has

objected to any of FCR’s monthly fee requests.

SERVICES RENDERED BY THE FCR

7. Attached hereto as Exhibits A-1 through A-4 are detailed descriptions of the

services performed and expenses incurred by the Applicant during the Interim Period. In

summary, Applicant expended 32.0 hours in rendering necessary legal services involving this

Chapter 11 proceeding for the Interim Period resulting in fees totaling $13,970.00. The FCR’s

time during the Application Period was primarily spent on matters related to confirmation of the

plan. Because the FCR’s position is a party in this proceeding, his time and the resulting fees are

not duplicative of those of any attorney time billed by his professionals. The FCR has exercised

his billing judgment by not increasing his billing rate since January 1, 2014.

8. To the extent that charges for services rendered or expense incurred relate to the

Interim Period but were not processed prior to the preparation of, or otherwise include in, this


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Application, the FCR reserves the right to request additional compensation for such services and

reimbursement of such expenses in future applications.

9. FCR believes that his billing rates for the Interim Period for these cases, which

reflect the FCR’s customary billing rates for 2016-17, should be deemed “reasonable billing

rates” for purposes of this Court’s determination of the “reasonableness” of the fees for services

rendered.

10. On Exhibit B, the FCR has categorized his time by the project categories

recommended by the Guidelines for Compensation and Expense Reimbursement of Professionals

(the “Compensation Guidelines”) as set forth in Appendix A to the Local Rules of the United

States Bankruptcy Court for the Western District of North Carolina.

11. A summary of the professionals and paraprofessionals who have rendered

services with respect to this Application is attached hereto as Exhibit C.

12. Attached as Exhibit D is a summary of the FCR’s fee applications.

DISBURSEMENTS

13. The FCR requests reimbursements for his actual and necessary expenses incurred

during the Interim Period totaling $559.67. On Exhibit E, the Applicant has itemized the FCR’s

costs and expenses that were billed during the Interim Period.

NOTICE

14. Notice of this Application has been given to the Bankruptcy Administrator,

counsel for the Debtors, and those parties listed on the Master Service List in this case.


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WHEREFORE, the FCR respectfully requests that the Court enter an Order:

1) Allowing interim compensation to the FCR in the amount of $13,970.00 as reasonable, actual and necessary for professional services rendered by the FCR during the Interim Period and interim reimbursement of expenses incurred during the Interim Period of $559.67 as reasonable, actual and necessary; 2) Authorizing and directing the Debtors to pay the FCR the amount of $14,529.67, which is equal to the sum of 100% of GF&C’s allowed interim compensation and 100% of GF&C’s allowed expense reimbursement for the Interim Period, less all previous payments made to GFC pursuant to the Fee Procedures Order; and

3) Granting such other relief as is just and proper.

This the 21st day of July, 2017.

/s/ A. Cotten Wright A. Cotten Wright (State Bar No. 28162) 101 North Tryon Street, Suite 1240 Charlotte, NC 28246 Phone: 704.375.3720 Email: [email protected]

Counsel to the Legal Representative for Joseph W. Grier, III, Future Asbestos

Claimants’ Representative


EXHIBIT A




/

(704) 375-3720

ATTN:

Suite 1240 101 North Tryon Street Charlotte, NC 28246

Grier Furr & Crisp, P.A.

Garlock Legal Representative

GarlockFCRTime Matter:

10-5158 File #:

Apr 17, 2017

13714

DATE DESCRIPTION HOURS AMOUNT LAWYER

Mar-06-17 OTHER Review presentation on Garlock CRP for FCR meeting.

0.40 220.00 JOE

Mar-07-17 OTHER Conference J. Guy prior to FCR meeting re presentation at meeting and case status.

0.50 275.00 JOE

OTHER Attend FCR meeting at Young Conaway in New York City.

2.50 1,375.00 JOE

NON WORKING TRAVEL Travel Charlotte to New York City & return (1/2 time)

7.00 1,925.00 JOE

Mar-10-17 CLAIMS ADMINISTRATIONNISTRATION Telephone call J. Guy re Century claim.

0.30 165.00 JOE

Mar-14-17 CASE ADMINISTRATION AND BUSINESS OPERATIONS Telephone call J. Guy and Lewis Sifford re preparing for trust operations.

0.50 275.00 JOE

CODE SUMMARY:

L551 $275.00 0.50 CASE ADMINISTRATION AND BUSINESS OPERATIONS

L556 $165.00 0.30 CLAIMS ADMINISTRATION

L557 $1,870.00 3.40 OTHER

L558 $1,925.00 7.00 NON WORKING TRAVEL


April 17, 2017 2 Page 13714 Invoice #:

$4,235.00 Totals Fees 11.20

FEE SUMMARY:

Lawyer Hours Effective Rate Amount

Joseph W. Grier, III 11.20 $378.13 $4,235.00

Please make check payable to Grier Furr & Crisp, PA

$11,775.50 Balance Due

$3,069.00 Previous Payments

$10,609.50 Previous Balance

Total Fees & Disbursements $4,235.00




/

(704) 375-3720

ATTN:

Suite 1240101 North Tryon StreetCharlotte, NC 28246



GarlockFCRTimeMatter:

10-5158File #:

May 11, 2017

13756


Apr-02-17 PLAN AND DISCLOSURE Review emails from J. Guy re proposed changes to CRP.

0.10 55.00 JOE

Apr-03-17 PLAN AND DISCLOSURE Telephone call with J. Guyre proposed modifications to plan documents.

0.10 55.00 JOE

Apr-04-17 PLAN AND DISCLOSURE Review email from T. Swett re motion to authorize pre-Effective Date activities by Lewis Sifford.

0.30 165.00 JOE

Apr-11-17 PLAN AND DISCLOSURE Review email from J. Guy re FCR declaration in support of confirmation.

0.10 55.00 JOE

Apr-17-17 PLAN AND DISCLOSURE Review email from J. Guy re requested changes to CRP from ACC.

0.10 55.00 JOE

Apr-20-17 PLAN AND DISCLOSURE Review memo from M. Martinez re April 20th hearing.

0.10 55.00 JOE

Apr-21-17 PLAN AND DISCLOSURE Review proposed scheduling order from G. Cassada.

0.10 55.00 JOE

Apr-25-17 PLAN AND DISCLOSURE Review order setting schedule for confirmation hearing.

0.10 55.00 JOE

CODE SUMMARY:

L555 $550.001.00PLAN AND DISCLOSURE


May 11, 20172Page13756Invoice #:

$550.00Totals Fees 1.00

FEE SUMMARY:


Joseph W. Grier, III 1.00 $550.00 $550.00

DISBURSEMENTS Disbursements Receipts

Apr-05-17 364.9003.07.17 American/trip to NY/Garlock 10-5158

34.1003.07.17 American/trip to NY/Garlock 10-5158

89.8603.07.17 First Car & Limo/car from airport to Manhattan Garlock 10-5158

50.8103.07.17 NYC/car from Manhattan to airport/Garlock 10-5158

20.0003.07.17 Charlotte Aviation/parking/trip to NY/Garlock 10-5158

Totals $559.67 $0.00


$12,885.17Balance Due

$0.00Previous Payments

$11,775.50Previous Balance




Professional Summary of Joseph W. Grier, III, Future Claimants’ Representative

From May 1, 2017 through May 31, 2017 NAME HOURS RATE AMOUNT Joseph W. Grier, III (JOE) 8.70 $550.00 $ 4,785.00 Total Fees: $ 4,785.00 COSTS AND EXPENSES to date for May 31, 2017: Total Cost and Expenses $0.00


/

(704) 375-3720

ATTN:





10-5158File #:

Jun 15, 2017

13787


May-02-17 PLAN AND DISCLOSURE Review and respond to email from J. Guy re request from ACC to make changeto CRP.

0.30 165.00 JOE

May-04-17 PLAN AND DISCLOSURE Summary review of Declaration in support of plan confirmation.

0.50 275.00 JOE

May-05-17 PLAN AND DISCLOSURE Review of FCR declaration in support of confirmation.

1.10 605.00 JOE

May-08-17 PLAN AND DISCLOSURE Exchange emails with G. Beaman re edits to FCR declaration in support of confirmation.

0.30 165.00 JOE

May-15-17 PLAN AND DISCLOSURE Conferences with J. Guy & G. Beaman prior to and after confirmation hearing (1.5). Attend confirmation hearing (5.0).

6.50 3,575.00 JOE

CODE SUMMARY:

L555 $4,785.008.70PLAN AND DISCLOSURE

$4,785.00Totals Fees 8.70

FEE SUMMARY:




June 15, 20172Page13787Invoice #:



$3,811.50Previous Payments





Professional Summary of Joseph W. Grier, III, Future Claimants’ Representative

From June 1, 2017 through June 30, 2017 NAME HOURS RATE AMOUNT Joseph W. Grier, III (JOE) 5.00 $550.00 $ 2,750.00 Joseph W. Grier III, (JOE) Travel 6.00 $275.00 $ 1,650.00 Total Combined Hours/Rate 11.00 $400.00 Total Fees: $ 4,400.00 COSTS AND EXPENSES to date for June 30, 2017: Total Cost and Expenses $0.00


/

(704) 375-3720

ATTN:





10-5158File #:

Jul 21, 2017

13843


Jun-12-17 PLAN AND DISCLOSURE Attend District Court confirmation hearing.

0.50 275.00 JOE

PLAN AND DISCLOSURE Conference with J. Guy pre-hearing re hearing and post-hearing next steps.

1.50 825.00 JOE

Jun-27-17 PLAN AND DISCLOSURE Conference with J. Guy, L.Sifford & B. Beaman re trust operations.

3.00 1,650.00 JOE

NON WORKING TRAVEL Round trip travel Charlotte/DC.

6.00 1,650.00 JOE

CODE SUMMARY:

L555 $2,750.005.00PLAN AND DISCLOSURE

L558 $1,650.006.00NON WORKING TRAVEL

$4,400.00Totals Fees 11.00

FEE SUMMARY:




July 21, 20172Page13843Invoice #:



$0.00Previous Payments




EXHIBIT B

March 1, 2017 through June 30, 2017

CUMULATIVE COMPENSATION SUMMARY BY PROJECT CATEGORY

Project Category

Total Hrs. for

the Period

Total hrs. from the

Petition Date

Total fees for

the Period

Total Fees From the

Petition Date Asset Transactions 0.7 $297.50 Case Administration/Bus. Op. 0.8 128.6 $440.00 $53,757.50 Claims Administration Fee Proc. 3.7 $1,960.00 Financing/Relief Litigation 1115.3 $629,672.00 Plan & Disclosure Statement 14.7 150.7 $8,085.00 $100,542.50 Travel Misc./Other (Includes travel billed at ½ rate)

16.4 179.2 $5,445.00 $90,837.00

Due Dilgence TOTALS: 27.3 1573.6 $13,970.00 $875,417.00


EXHIBIT C

PROFESSIONALS / PARAPROFESSIONALS INCLUDED IN THIS APPLICATION

March 1, 2017 through June 30, 2017

Name Title Hourly Rate Total Hours Amount Joseph W. Grier, III (JOE) Partner 550.00 19.4 $10,395.00 Joseph W. Grier, III (JOE) Partner 275.00 13.00 $ 3,575.00


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EXHIBIT D

SUMMARY OF PRIOR FEE APPLICATIONS

Application Period Fees Expenses Date Covered Requested/Allowed Requested/Allowed 01/19/2011 07/14/2010-12/27/2010 $ 42,245.00 $ 815.90

05/10/2011 01/04/2011-04/30/2011 $ 24,777.50 $ 00.00 09/15/2011 05/02/2011-08/30/2011 $ 14,067.50 $ 28.54 01/11/2012 09/07/2011-12/31/2011 $ 33,872.50 $1,030.80 05/10/2012 01/03/2012-04/27/2012 $ 40,060.00 $2,312.41 09/14/2012 05/01/2012-08/31/2012 $ 42,845.00 $1,377.00 01/07/2013 09/01/2012-12/31/2012 $ 15,912.50 $1,155.10 05/06/2013 01/01/2013-04/30/2013 $ 33,155.50 $ 00.00 09/10/2013 04/29/2013-08/31/2013 $126,571.50 $3,604.51 01/13/2014 09/01/2013-12/31/2013 $ 47,916.00 $5,514.52 07/10/2014 12/31/2013-05/31/2014 $ 77,649.00 $6,147.53 12/05/2014 06/02/2014-10/31/2014 $ 89,430.00 $4,403.02 03/17/2015 11/07/2014-02/28/2015 $ 48,675.00 $3,619.04 07/13/2015 03/11/2015-06/30/2015 $ 45,925.00 $1,404.87 11/23/2015 7/1/2015-10/31/2015 $ 56,650.00 $ 0.00 03/21/2016 11/1/2015-2/29/2016 $ 11,268.00 $ 488.86 07/20/2016 3/1/2016-6/30/2016 $ 33,110.00 $ 3,521.69 11/21/2016 7/1/2016-10/31/2016 $ 11,495.00 $ 557.99 3/17/2017 11/1/2016 – 2/28/2017 $ 15,015.00 $ 17.00


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EXHIBIT E

CUMULATIVE EXPENSE SUMMARY

Expense Category Total Expenses For the Period

Total Expenses From the Petition Date

In-house duplicating Postage $95.56 Telecopy expense Computer Research – Lexis (Westlaw) $69.67 Overnight Delivery (Fed.Ex) $31.04 Telephone expense / Long Distance Telephone – Conference Calls (One-Source) Working Meals (meals for client &/or attorneys) $2,483.85 U.S. Bankruptcy Court Filing Fees Mailing envelope expense PACER – Computerized Court Access Records $190.90 Travel (Airfare) $399.00 $33,623.43 Overnight Lodging $1,969.99 Parking Fees $20.00 $328.00 Transportation/taxi $140.67 $924.29 Internet charges $27.48 TOTALS: $559.67 $40,302.13


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