Free Designated Record on Appeal - District Court of Delaware - Delaware

Case 1:07—cv—00741-JJF Document 3 Filed 11/20/2007 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: ) Chapter 11
14605 INCORPORATED f/k/a g Case N0. 05-11910 (MFW)
PHARMACEUTICAL FOR1\/IULATIONS, INC. )
U D€btOI'. g Re: Docket N0. 804

APPELLANTS’ STATEMENT OF ISSUES TO BE PRESENTED ON
Pursuant to Bankruptcy Rule 8006, Objectors—Appellants 14605 Incorporated and ICC
Industries Inc. respectfully submits their Statement of Issues t0 be Presented 0n Appeal.
4 Statement of Issues to be Presented
1. Did the Court commit reversible error by refusing to permit the testimony of
proposed expert Paul Falick 0n the ground that he was not truly an expert?
2. Did the Court commit reversible error by excluding the testimony of proposed
expert Robert Troisio 0n the ground that his testimony would not be helpful t0 the court?
3. Did the Court commit reversible error by failing to review the fee applications
under the standards prescribed in In re Busy Beaver Building Centers, 19 F.3d 383 (3d Cir.
1994), and Zolfo, Cooper & Co. v. Sunbeam-Oster Company, Inc., 50 F .3d 253 (3d Cir. 1995),
in particular the requirement that bankruptcy fee applications are to be approved only to the
extent that non-bankruptcy professionals would be compensated for the same activities in the
same market?
4. Did the Court commit reversible error by failing to weigh the cost of any activity
undertaken by the Applicants against the potential benefit to the estate or to the Official
Committee of Unsecured Creditors ("UCC")?
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5. Did the Court commit reversible error by finding erroneously that the hourly rates
ofthe Applicants in New York, Chicago, Los Angeles, and San Francisco were not significantly
higher the rates for comparable professionals in Delaware, the situs of the case.
6. Did the Court commit reversible error by failing to consider that ICC’s counsel
gave a 10% reduction in rates, when finding that the hourly rates of ICC’s counsel were
equivalent to that of Winston & Strawn LLP ("W&S”)?
7. Did the Court commit reversible error by ruling that it was proper for the
Applicants to charge out—of—state rates when Applicants conceded at the hearing that the
activities undertaken by the Applicants could have been handled competently by its Delaware
counsel charging Delaware rates?
8. Did the Court commit reversible error by ruling that the matter was not
overstaffed by Applicants, who used 25 professionals?
9. Did the Court commit reversible error by permitting full recovery for paralegals
charging paralegal rates for undertaking clerical activities?
10. Did the Court commit reversible error by permitting FTI recover for billing over
$500/hour for Mr. Connor Tully, when it was undisputed that his work as inferior and he
required supervision from Mr. Sam Star at over $600/hour?
ll. Did the Court commit reversible error by permitting Applicants to recover for
work done on litigation analysis, when all analysis had already been done by other professionals
working in the bankruptcy?
l2. Did the Court commit reversible error by not reviewing the billing entries of
Applicants to determine if they were sufficiently descriptive to warrant compensation?
13. Did the Court commit reversible error by permitting compensation to Applicants
for extensive conferencing?
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14. Did the Court err by permitting recovery of full rates by the Applicants for time
spent preparing fee applications and defending against challenges to the fee applications?
DATED: November 7, 2007 :
Chris . Loizide o. 3968)
L DES, P.A.
225 King Street, Suit 0
Wilmington, DE 01
Telephone: ) 654-0248
Facsimile: (302) 654-0728
E—mai1: [email protected]
.. and -
Robert Basil, Esquire
COLLIER & BASIL, P.C.
125 West 31st Street, Suite 19-B
New York, NY 10001
Telephone: (917) 512-3066
Facsimile: (831) 536-1075
Email: robert}basi1@,collierbasil.com
Counsel for 14605 Incorporated and
[CC Industries, Inc.
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