Period Ending: 01/09/18 Claims Bar Date 15-1202 Trustee's... · 4 Checking Acct: Fairmont Fed...

Filed (f) or Converted (c):

Claims Bar Date:01/09/18Period Ending:

Trustee: Thomas H. Fluharty, Trustee

Asset Description

(Scheduled And Unscheduled (u) Property)

Petition/

Unscheduled

Values

Estimated Net Value

(Value Determined By Trustee,

Less Liens, Exemptions,

and Other Costs)

Property

Abandoned

OA=§554(a)

Sale/Funds

Received by

the Estate

Asset Fully

Administered (FA)/

Gross Value of

Remaining Assets

1 2 3 4 5 6

Case Number:

Page: 1

1:15-01202-PMF

06/10/16

Ref. #

Case Name: Mason, Jack Harr &

Mason, Sallie Jo 01/06/16§341(a) Meeting Date:

12/11/15 (f)

(680230)

Exhibit A

117 E Dale Rd., Fairmont, WV

.41 acres w/ old 2 story house w/ partial cellar. no

central heat.

FA24,375.00 0.00 0.001

Bord & Cather Plat PRT Lot 12, PAR A 100

Tygart Lake, Taylor County, WV.

old 30' trailer w/ addition. Debtor owns 5/12.

FA8,333.00 8,333.00 95,000.002

Cash FA10.00 0.00 0.003

Checking Acct: Fairmont Fed Credit Union FA200.00 0.00 0.004

Savings Acct: Fairmont Fed Credit Union FA6.00 0.00 0.005

Household goods

stove, refrigerator, washer & dryer, table & chairs,

utensils, pots & pans, sm appl, microwave, livingroom

furniture, 3 bedrooms furniture, lawn mower.

FA2,000.00 0.00 0.006

Electronics

2 tv's, dvd player, computer.

FA500.00 0.00 0.007

Assorted Clothing FA20.00 0.00 0.008

Assorted Clothing FA20.00 0.00 0.009

Costume & Wedding Jewelry FA200.00 0.00 0.0010

2007 Hyundai Santa Fe FA8,000.00 0.00 0.0011

(Excluding unknown values) $8,333.00 $95,000.00 $0.0011 Assets Totals $43,664.00

Major Activities Affecting Case Closing:

1-9-18: co-owners checks have cleared, submitted revised final report to UST for review.

8-22-17: withdrew TFR. will correct & resubmit.

7-11-17: emailed consolidation team trustee's final report for review.

8-8-16: TC w/ atty Wisconsin regarding the AP. He would like to have more time to file an answer. Trustee agreed, date 9-25-16.

7-26-16: mailed all executed summons to defendants certified mail.

7-22-16: filed lawsuit to allow the sale of co-owners & debtor's interest in real estate.

6-23-16: Terry Lawson, daughter of Barbara Coe, heir. Need addresses to those heirs for notifing of sale of property. She will get

and send next week. Explained the sales process, now she understands what is involved and how system works.

6-22-16: received names of heirs involved in Tygart Lake proprerty.

5-11-16: TC w/ realtor, she received the keys to the Tygart Lake property and will go down later this week or this weekend to look

and take pictures.

Printed: 01/09/2018 10:19 AM V.13.30

Filed (f) or Converted (c):

Claims Bar Date:01/09/18Period Ending:

Trustee: Thomas H. Fluharty, Trustee

Asset Description

(Scheduled And Unscheduled (u) Property)

Petition/

Unscheduled

Values

Estimated Net Value

(Value Determined By Trustee,

Less Liens, Exemptions,

and Other Costs)

Property

Abandoned

OA=§554(a)

Sale/Funds

Received by

the Estate

Asset Fully

Administered (FA)/

Gross Value of

Remaining Assets

1 2 3 4 5 6

Case Number:

Page: 2

1:15-01202-PMF

06/10/16

Ref. #


Mason, Sallie Jo 01/06/16§341(a) Meeting Date:

12/11/15 (f)

(680230)

Exhibit A

R/E sold, determine distribution to heirs, review claims, final report.

I filed a lawsuit to allow the sale of co-owners & debtor's interest in real estate (July 2016)

A realtor has been employed to sell the real estate at Tygart Lake.

Investigate value of real property located Tygart Lake, Taylor County, WV (lot w/ 30' trailer & addition).

Initial Projected Date Of Final Report (TFR): May 31, 2017 Current Projected Date Of Final Report (TFR): January 9, 2018 (Actual)

Printed: 01/09/2018 10:19 AM V.13.30

Blanket Bond:

Separate Bond:

Description of Transaction

01/09/18

**-***0044Taxpayer ID #:

Case Number:

Bank Name:

$3,000,000.00 (per case limit)

******1266 - Checking Account

Rabobank, N.A.

Trans.

Date

{Ref #} /

Check # Paid To / Received From

Receipts

$

Disbursements

$ Account BalanceChecking

Trustee: Thomas H. Fluharty, Trustee (680230)

Page: 1

1:15-01202-PMF


Mason, Sallie Jo

N/A

1 2 3 4 5 6 7

Account:

Period Ending:

T-Code

Exhibit B

89,081.27net sale proceeds on sale of real estateDouglas A. Cornelius, Esquire 89,081.2712/20/16

gross sale proceeds 95,000.00 89,081.27{2} Doug Cornelius, Esquire 1110-000

realtor commission -5,700.00 89,081.27Mountain State Real Estate

Services

3510-000

settlement fee to

attorney

-100.00 89,081.27Doug Cornelius, Esquire 2500-000

2nd hafl 2016 R/E taxes -118.73 89,081.27Taylor County Sheriff 2820-000

Bank and Technology Services FeeRabobank, N.A. 34.07 89,047.2012/30/16 2600-000



Trustee BondInsurance Partners Agency, Inc. 54.33 88,736.9303/02/17 101 2300-000





Debtor's exemptionJack Mason 8,333.00 79,886.0309/06/17 102 8100-002

co-owner's portion of sales proceeds of real

property

Joyce Mason 7,916.67 71,969.3610/30/17 103 8500-002

co-owner's portion of sale proceeds of real

property

Nancy J. Mason 7,916.67 64,052.6910/30/17 104 8500-002

co-owner's portion of sale proceeds of real

property

Barbara Coe 39,583.33 24,469.3610/30/17 105 8500-002

$24,469.3689,081.27 64,611.91ACCOUNT TOTALS

0.00 0.00Less: Bank Transfers

89,081.27 64,611.91Subtotal

8,333.00Less: Payments to Debtors

$56,278.91NET Receipts / Disbursements $89,081.27

Net Receipts :

Plus Gross Adjustments :

Less Payments to Debtor :

Less Other Noncompensable Items :

Net Estate :

89,081.27 56,278.91 24,469.36

Net

Receipts

Net

Disbursements

Account

Balances

Checking # ******1266

TOTAL - ALL ACCOUNTS

$24,469.36$89,081.27 $56,278.91

89,081.27

5,918.73

8,333.00

55,416.67

$31,250.33

{} Asset reference(s) Printed: 01/09/2018 10:19 AM V.13.30

Creditor Name & Address Claim TypeClaim # Amount Allowed Paid to Date Claim BalanceClaim Ref. No. / Notes

$100.96

200

Thomas H. Fluharty, Trustee Admin Ch. 7

Clarksburg, WV 26301

408 Lee Avenue

$0.00 100.96

$350.00

200

U.S. Bankruptcy Court Admin Ch. 7

Wheeling, WV 26003

Northern District

P.O. Box 70

$0.00 350.00

$3,875.03

200

Thomas H. Fluharty, Trustee Admin Ch. 7


408 Lee Avenue

$0.00 3,875.03

$10,887.50

200

Thomas H. Fluharty, Esquire Admin Ch. 7


408 Lee Avenue

$0.00 10,887.50

$91.04

200

Thomas H. Fluharty, Esquire Admin Ch. 7


408 Lee Avenue

$0.00 91.04

$8,333.004

100

Jack Mason Secured

interest in Tygart Lake property

Fairmont,, WV 26554-5983

117 E. Dale Road

$8,333.00 0.00

$2,676.501

610

State Farm Bank Unsecured

credit card

Malvern, PA 19355-0701

c/o Becket and Lee, LLP

P.O. Box 3001

$0.00 2,676.50

$8,867.042

620

Citibank, N.A. Unsecured

Kirkland,, WA 98083-0280

c/o Quantum3 Group, LLC

Post Office Box 280

$0.00 8,867.04

$0.003

620

Sheriff of Taylor County Unsecured

the Estate paid $118.73 at time of closing (12/20/16) on 2nd half of 2016 R/E taxes.

Grafton,, WV 26354

P.O. Box 189

$0.00 0.00

<< Totals >> 8,333.0035,181.07 26,848.07

pro rata

pro rata

pro rata

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF WEST VIRGINIA

RE: Mason, Jack Harr & Mason, Sallie Jo Debtor(s)

Case No. 15-01202 PMF Chapter 7

TRUSTEE'S REVISED APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES

Pursuant to 11 U.S.C. Section 330, the undersigned Trustee hereby requests compensation in the amount of $3,875.03 and reimbursement of expenses in the amount of $100.96 for this case. The Trustee has, by prior authorization, received no such compensation and no such reimbursement of expenses.

COMPUTATION OF COMPENSATION AND EXPENSES Total disbursements to other than debtor will be $ 31,250.33 Pursuant to 11 U.S.C. Section 326, compensation to the trustee is computed as follows: (For cases filed on or after October 23, 1994) $ 31,250.33 25% of First $5,000 $ 1,250.00 Less -5,000.00 ($1,250 Maximum) Balance $ 26,250.33 10% of Next $45,000 $ 2,625.03 Less -45,000.00 ($4,500 Maximum) Balance $ 0.00 5% of Next $950,000 $ 0.00 Less -950,000.00 ($47,500 Maximum) Balance $ 0.00 3% of Balance $ 0.00 TOTAL COMPENSATION REQUESTED $ 3,875.03 TRUSTEE'S EXPENSES (ITEMIZED): Premium on Trustee's bond ................................................................................... $ 0.00 Necessary travel (152 miles @0.0 cents/mile) ...................................................... $ 0.00 Necessary copies (198 @10.0 cents/copy) ............................................................ $ 19.80 Postage .................................................................................................................. $ 81.16 Telephone charges ................................................................................................. $ 0.00 Clerical/Secretarial Staff (0.0 hrs @ $0.00/hr) ...................................................... $ 0.00 Paralegal Staff (0.0 hrs @ $0.00/hr) ...................................................................... $ 0.00

Supplies/Stationery ................................................................................................ $ 0.00 Distribution ............................................................................................................ $ 0.00 Professional ........................................................................................................... $ 0.00 Other ...................................................................................................................... $ 0.00 TOTAL EXPENSES CLAIMED ............................................................. $ 100.96 TOTAL REQUESTED FEES AND EXPENSES .................................... $ 3,975.99 WHEREFORE, the Trustee request this application be approved by the Court and that the Trustee be awarded $3,875.03 as compensation and $100.96 for reimbursement of expenses. The Trustee certifies that no payments have been made or promised to him/her for services rendered in any capacity in this case. No agreement or understanding exists between the Trustee and any other person or entity, other than his/her law firm, for sharing compensation or to be received. Dated: January 9, 2018 /s/ Thomas H. Fluharty

Thomas H. Fluharty Bar No. 1231 408 Lee Avenue Clarksburg, WV 26301 (304) 624-7832


Case Number:

Petition Date: 341a Meeting:

15-01202

Assets

12/11/15

Mason, Jack Harr &

Patrick M. Flatley

01/06/16 09:00

Case Type:

Case Name:

Judge:

Trustee Expense WorksheetPrinted: 06/26/17 02:52 PM Page: 1

Period: 01/01/00 - 06/26/17

COPIES

Date Description TotalHours/Unit Rate

Category:

11/04/16 18 pages of copies of motion default judgment to alldefendants (11 people)

198.00 $0.100 $19.80

Total for category COPIES: $19.80198.00

$19.80Total for case 15-01202:

Grand Total: $19.80


Case Number:


15-01202

Assets

12/11/15

Mason, Jack Harr &

Patrick M. Flatley

01/06/16 09:00

Case Type:

Case Name:

Judge:

Trustee Expense WorksheetPrinted: 06/26/17 02:53 PM Page: 1

Period: 01/01/00 - 06/26/17

POSTAGE


Category:

05/06/16 mailed keys to realtor for real property at TygartLake

1.00 $0.900 $0.90

07/26/16 certified summons AP to all defendants 10.00 $6.675 $66.75

08/10/16 ltrs to creditors - claims 9.00 $0.675 $6.08

11/04/16 motion default judgment to all defendants 11.00 $0.675 $7.43

Total for category POSTAGE: $81.1631.00


Grand Total: $81.16

IN THE UNITED STATES BANKRUPTCY COURTFOR THE NORTHERN DISTRICT OF WEST VIRGINIA

In Re: Mason, Jack Harr Bk.No.: 15-01202Mason, Sallie Jo

Debtors

APPLICATION BY ATTORNEY FORTRUSTEE FOR COMPENSATION

The Chapter 7 Trustee makes this statement in support of his application for attorney fees as

counsel for Trustee. The Debtors, Jack Harr Mason and Sallie Jo Mason filed a voluntary Chapter

7 bankruptcy petition on the 11th day of December, 2015, with the Chapter 7 Trustee being appointed

on December 11, 2015. Your applicant was appointed as counsel for Trustee pursuant to an Order

entered by the Court herein on May 6, 2016, with services beginning on April 1, 2016. The services

contemplated and included in this application were performed for the Trustee to maximize any return

to creditors. Counsel for Trustee seeks compensation at the rate of $325.00 per hour. This is a final

application for fees and there have been no interim applications. The time periods for services

contemplated by this application are from April 1, 2016 through May 1, 2017.

The assets of the estate of the Debtors administered by said Trustee have a value of

approximately $89,081.27 and his disbursements in such operation were approximately $735.17,

leaving a balance of cash on hand of approximately $88,346.10. Total costs and expenses of the

Trustee total $3,975.99. All funds on hand are available for distribution to creditors filing claims

and secured creditors whose liens attached to the funds. The Trustee’s Final Report is expected to

be filed with the Office of the Assistant U.S. Trustee by January 12, 2018. Barring any objection

to this application and the Final Report, the case should be completed by April 10, 2018 and funds

distributed by April 16, 2018. All services included therein were provided by counsel and his office

staff.

Attached hereto as “Exhibit A” is a detailed accounting of services rendered in connection

with this representation.

Attached as “Exhibit B” are project categories and abbreviations utilized in describing

services rendered in Exhibit A.

Attached as “Exhibit C” is a Summary Sheet that synopsizes compensation and expenses

requested, prior compensation and expenses awarded, if applicable, the billing rate for each person

billed time, total hours billed, total amounts of billing for person who billed time and a blended

hourly rate.

WHEREFORE, your applicant prays that an allowance is made to him in the sum of

$10,978.54 which represents $10,887.50 as compensation and $91.04 in expenses, for professional

services rendered in this proceeding.

Dated: January 9 , 2018 Submitted by:

/s/ Thomas H. Fluharty Thomas H. Fluharty, Trustee408 Lee AvenueClarksburg, WV 26301(304) 624-7832WV Bar No.: 1231


Case No: Petition Date:

341a Meeting:

15-01202 12/11/15Mason, Jack Harr &

Patrick M. Flatley 01/06/16 09:00AMAssetsCase Type:

Case Name:

Judge:

Attorney Time Sheet ReportPrinted: 06/26/17 02:56 PM

Period: 01/01/00 - 06/26/17

Hours Rate TotalDescriptionStaff Name Category

Page: 1

Date

to Tygart Lake lot to locate & investigate lot to sell. found, took pictures. 2.50 325.000 812.50Thomas Fluharty,

Attorney

Asset Analysis and

Recovery

04/09/16

draft complaint to sell R/E 3.00 325.000 975.00Case Administration 07/13/16

revise & file complaint 1.50 325.000 487.5007/22/16

draft letters to creditors. 1.50 325.000 487.5008/10/16

TC - Jack Mason re: suit, etc. 0.50 325.000 162.5010/07/16

motion to extend time to respond & order 0.50 325.000 162.5010/26/16

revise & file motion for DJ &

C- A. Niobler

1.50 325.000 487.5011/02/16

draft motion for default judgment & related pleadings. 2.50 325.000 812.5011/03/16

C- T. Kelley re: sale 0.50 325.000 162.5011/09/16

C-Andrew Niebler re: ownership 0.50 325.000 162.5011/22/16

draft order for default judgment 1.50 325.000 487.5011/29/16

prepare deed & closing docs. 1.50 325.000 487.5012/13/16

review deed / closing docs 1.00 325.000 325.0012/18/16

draft & revise report of sale 1.00 325.000 325.0012/27/16

17.00 $5,525.00

review claims & co owners interest in distribution. 3.00 325.000 975.00Claims Administration and

Objections

05/25/17

attend to closing / review deed & HUD.

C-Betty

1.50 325.000 487.50Closing 12/20/16

draft & revise appl employ realtor & attorney 2.50 325.000 812.50Fee/Employment

Applications

04/19/16

record room work on real property in Marion County 0.50 325.000 162.50Record Room Work 03/14/16

title work Taylor County 2.50 325.000 812.5003/15/16

Taylor County Courthouse on Tygart Lake property, Grafton, WV 1.50 325.000 487.5004/07/16

4.50 $1,462.50

to & from Marion Co Courthouse, record room work. 2.00 162.500 325.00Travel 03/14/16

travel to & from Taylor Co Courthouse, record room work 1.50 162.500 243.7503/15/16

travel to & from Knottsville (outside Grafton) to located Tygart Lake lot to sell. 1.50 162.500 243.7504/09/16

5.00 $812.50


Case No: Petition Date:

341a Meeting:

15-01202 12/11/15Mason, Jack Harr &

Patrick M. Flatley 01/06/16 09:00AMAssetsCase Type:

Case Name:

Judge:

Attorney Time Sheet ReportPrinted: 06/26/17 02:56 PM

Period: 01/01/00 - 06/26/17

Hours Rate TotalDescriptionStaff Name Category

Page: 2

Date

36.00 $10,887.50Subtotal for Staff Name: THOMAS FLUHARTY, ATTORNEY

36.00 $10,887.50Total for Case: 15-01202

36.00 $10,887.50Total for Trustee: Thomas H. Fluharty, Trustee

36.00 $10,887.50Grand Total:


Case Number:


15-01202

Assets

12/11/15

Mason, Jack Harr &

Patrick M. Flatley

01/06/16 09:00

Case Type:

Case Name:

Judge:

Attorney Expense WorksheetPrinted: 06/26/17 02:54 PM Page: 1

Period: 01/01/00 - 06/26/17

OTHER


Category:

05/06/16 2 keys made for real property. 1.00 $4.180 $4.18

05/27/16 had keys made to real property @ Tygart Lake fordebtors.

1.00 $4.180 $4.18

Total for category OTHER: $8.362.00


Grand Total: $8.36


Case Number:


15-01202

Assets

12/11/15

Mason, Jack Harr &

Patrick M. Flatley

01/06/16 09:00

Case Type:

Case Name:

Judge:

Attorney Expense WorksheetPrinted: 06/26/17 02:55 PM Page: 1

Period: 01/01/00 - 06/26/17

TRAVEL


Category:

03/14/16 to & from Marion County Courthouse 42.00 $0.540 $22.68

03/15/16 to & from Taylor Co Courthouse, record room work 25.00 $0.540 $13.50

04/07/16 to & from Grafton Courthouse 25.00 $0.540 $13.50

04/09/16 travel to & from Knottsville (outside Grafton) tolocate Tygart Lake lot to sell.

60.00 $0.550 $33.00

Total for category TRAVEL: $82.68152.00


Grand Total: $82.68


In Re: Mason, Jack Harr Bk. No.: 15-01202Mason, Sallie Jo

Debtors

EXHIBIT - B

Abbr. Project categories

AAR Asset Analysis and Recovery: Identification and review of potential assets includingcauses of action and nonlitigation recoveries.

AD Asset Deposition: Sales, leads, (S365 matters), abandonment and related transactionwork.

OP Business Operations: Issues related to debtor-in possession operating in Chapter 11such as employee, vendor, tenant issues and other similar problems.

CA Case Administration: Coordination and compliance activities, including preparationof a statement of financial affairs; schedules, list of contracts; United States Trustee’sinterim statements and operating reports; contacts with the United States Trustee;general creditor inquiries.

CL Claims Administration and Objections: Specific claim inquires; bar date motions;analysis, objections and allowances of claims.

EE Employee Benefits/Pensions: Review issues such as severance, retention, 401Kcoverage and continuance of pension plans.

FA Fee/Employment Applications: Preparations of employment and fee application forself or others; motions to establish interim procedures.

FEO Fee/Employment Objections: Review of and objections to the employment and feeapplication of others.

F Financing: Matters under ss 361, 363 and 364 including cash collateral and securedclaims; loan document analysis.

L Litigation: There should be a separate category established for each matter. (E.g., XYZ Stay Litigation).

341 Meetings of Creditors: Preparing for and attending the conference of creditors, the341 (a) meeting and other creditors’ committee meetings.

PIN Plan and Disclosure Statement: Formulation, presentation and confirmation;compliance with the plan confirmation order, related orders and rules; disbursementand case closing activities, except those related to the allowance and objections toallowance of claims.

362 Relief From Stay Proceedings: Matters relating to termination or continuation ofautomatic stay under S 362.



Debtors

EXHIBIT - C

FEE APPLICATION CURRENT APPLICATIONFees Requested $10,887.50Expenses requested $ 91.04

Names of Professionals/Hours Billed Rated Total for Application

Thomas H. Fluharty, Attorney $325.00/hr. $10,887.50

TOTAL BLENDED HOURLY RATE: $325.00 per hour

CERTIFICATE OF SERVICE

I hereby certify that the foregoing APPLICATION BY TRUSTEE FOR

COMPENSATION was served upon the following individuals, at the addresses listed below, by

placing a true and correct copy thereof in the United States mail, postage prepaid, this day

of , 2018.

Served electronically on:

Michael G. Clagett, [email protected]

Counsel for Debtors

Office of the Assistant U.S. [email protected]

/s/ Thomas H. Fluharty Thomas H. Fluharty, Trustee



Debtors

ORDER

Upon consideration of the Application of Thomas H. Fluharty, Attorney for the Trustee, for

allowance of compensation for professional services rendered and for reimbursement for actual and

necessary costs and expenses incurred by him in the administration of the above estate in the amount

of $10,978.54 and it appearing to the Court that notices having been sent and no adverse interest

appearing, it is ORDERED that Thomas H. Fluharty, Attorney for the Trustee, be and is hereby

allowed compensation for professional services rendered and for reimbursement for actual and

necessary costs and expenses incurred by him in the administration of the above estate in the amount

of $10,978.54.

Submitted by:

/s/ Thomas H. Fluharty Thomas H. Fluharty, TrusteeWV Bar No.: 1231408 Lee AvenueClarksburg, WV 26301(304) 624-7832

Period Ending: 01/09/18 Claims Bar Date 15-1202 Trustee's... · 4 Checking Acct: Fairmont Fed...

Documents

Transcript of Period Ending: 01/09/18 Claims Bar Date 15-1202 Trustee's... · 4 Checking Acct: Fairmont Fed...