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Contract analysis / final-fee-application-calderwood-harkness.docx
final-fee-application-calderwood-harkness.docx
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Medium · 4
Standard · 7
I. PRELIMINARY STATEMENT
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⚑ Commercial term
I. PRELIMINARY STATEMENT Calderwood & Harkness LLP ("C&H" or the "Firm"), counsel to Crestline Packaging Solutions LLC ("Crestline" or "CPS") and CPS Holdings Inc. (collectively, the "Debtors"), respectfully submits this final application (the "Application") to the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division (the "Court"), pursuant to Sections 330 and 331 of Title 11 of the Unit
II. BACKGROUND
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⚑ Notice / time limit to track
II. BACKGROUND A. The Debtors' Business Crestline Packaging Solutions LLC is an Ohio limited liability company headquartered at 4710 Industrial Corridor Drive, Akron, Ohio 44308 (Employer Identification Number 31-1782094). Crestline is a leading North American manufacturer of rigid industrial packaging products, including high-density polyethylene ("HDPE") drums, intermediate bulk containers ("IBCs"), steel pails, an
III. C&H'S RETENTION AND QUALIFICATIONS
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⚑ Commercial term
III. C&H'S RETENTION AND QUALIFICATIONS A. Retention C&H was retained as counsel to the Debtors and Debtors in Possession pursuant to an engagement letter dated June 8, 2022 (the "Engagement Letter"), addressed to Crestline Packaging Solutions LLC, Attention: Preston Yee, General Counsel. A copy of the Engagement Letter is attached hereto as Exhibit F. C&H's retention was approved by order of the Court entered on the
IV. SCOPE OF SERVICES RENDERED
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⚑ Notice / time limit to track
IV. SCOPE OF SERVICES RENDERED C&H provided comprehensive legal services to the Debtors throughout these Chapter 11 cases, from the initial engagement and prepetition planning phase through the entry of the Final Decree and case closing. The following is a summary description of the scope of services rendered during each phase of the engagement. Detailed narrative descriptions of services rendered, cross-referenced t
I. Phase IX: Post-Effective Date and Case Closing (October 2022–August 2023)
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⚑ Commercial term
I. Phase IX: Post-Effective Date and Case Closing (October 2022–August 2023) Following the Effective Date, C&H continued to provide legal services to the reorganized Debtors in connection with the resolution of remaining administrative matters in the Chapter 11 cases. These services included monitoring plan implementation and compliance with the terms of the Confirmation Order and the Plan, advising on post-effective
V. SUMMARY OF FEES AND EXPENSES REQUESTED
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⚑ Commercial term
V. SUMMARY OF FEES AND EXPENSES REQUESTED A. Total Fees Requested C&H requests allowance and payment of aggregate professional fees in the total amount of $4,200,000.00 for services rendered during the Application Period from June 20, 2022 (the Petition Date) through August 31, 2023 (the date of entry of the Final Decree). This amount represents the aggregate fees for all timekeepers who performed services on behalf
VI. THE REQUESTED FEES SATISFY THE STANDARDS OF 11 U.S.C. § 330
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⚑ Commercial term
VI. THE REQUESTED FEES SATISFY THE STANDARDS OF 11 U.S.C. § 330 A. Legal Standard
Section 330(a)(1) of the Bankruptcy Code authorizes the Court to award to a professional e
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⚑ Commercial term
Section 330(a)(1) of the Bankruptcy Code authorizes the Court to award to a professional employed under Section 327 "reasonable compensation for actual, necessary services rendered by the [professional] . . . and reimbursement for actual, necessary expenses." 11 U.S.C. § 330(a)(1)(A)–(B). In determining the amount of reasonable compensation, Section 330(a)(3) directs the Court to consider the following factors: (i) T
VII. DESCRIPTION OF SERVICES BY PHASE — DETAILED NARRATIVE
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⚑ Notice / time limit to track
VII. DESCRIPTION OF SERVICES BY PHASE — DETAILED NARRATIVE This Section provides a detailed narrative description of the services rendered by C&H in each phase and task category of the engagement, cross-referenced to the contemporaneous time records attached as Exhibit A. The narrative descriptions below supplement the summary scope of services set forth in Section IV above and are organized by the same phase and tas
VIII. LODESTAR CROSS-CHECK
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⚑ Commercial term
VIII. LODESTAR CROSS-CHECK As a cross-check on the reasonableness of the fees requested herein, C&H has performed a lodestar analysis confirming that the total fees of $4,200,000.00 are consistent with the total hours expended by all timekeepers during the Application Period, multiplied by the approved hourly rates for each such timekeeper. The lodestar calculation is based on the detailed contemporaneous time record
IX. NOTICE
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⚑ Notice / time limit to track
IX. NOTICE Notice of this Application has been served upon the following parties in interest in accordance with the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, and the local rules of this Court: (a) The Office of the United States Trustee, Region 9, Northern District of Ohio, Howard M. Metzenbaum U.S. Courthouse, 201 Superior Avenue, Cleveland, Ohio 44114; (b) Counsel to the reorganized Debtor