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In re Radnor Holdings Corp.

United States District Court, D. Delaware

August 14, 2014

In re: RADNOR HOLDINGS CORPORATION, et al., Debtors. MICHAEL T. KENNEDY, Appellant,
v.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP, Appellee

Decided Date: August 13, 2014.

Page 246

Chapter 11, Bankr. No. 06-10894-PJW, Jointly Administered.

Michael T. Kennedy, Appellant, Pro se, Bearsville, New York.

For Appellee: Mark S. Chehi, Jason M. Liberi, Esquires, Skadden, Arps, Slate, Meagher & Flom, Wilmington, Delaware.

Page 247

MEMORANDUM OPINION

Sue L. Robinson, UNITED STATES DISTRICT JUDGE.

I. INTRODUCTION

Appellant Michael T. Kennedy (" appellant" ) filed this bankruptcy appeal on August 7, 2013, (D.I. 1) At the time, he was represented by counsel, but now appears pro se. The appeal arises from an order entered by the bankruptcy court on June 20, 2013, that overruled an objection by appellant to Skadden, Arps, Slate, Meagher & Flom, LLP's (" Skadden" ) final fee application and that granted appellee's final fee application. The court has jurisdiction to hear an appeal from the bankruptcy court pursuant to 28 U.S.C. § 158(a).

II. BACKGROUND

On August 21, 2006, Radnor Holdings Corporation (" Radnor" ) and numerous related subsidiaries (" debtors" ) filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § § 101 et seq. On August 25, 2006, debtors, as debtors-in-possession, applied to the bankruptcy court (the " Skadden retention application" ) for an order authorizing debtors to retain Skadden as their bankruptcy counsel, effective as of the petition date, pursuant to an engagement agreement dated July 5, 2006. (Bankr. No. 06-10894-PJW, D.I. 96). The retention application was opposed, pre-retention disclosures were provided to the bankruptcy court, and a contested hearing was held on September 20, 2006. ( Id. at D.I. 169, 223, 298) On September 21, 2006, the bankruptcy court authorized the employment of Skadden as counsel to debtors and debtors-in-possession. ( Id. at D.I. 246)

On November 18, 2012, Skadden filed its final fee application for compensation for services rendered and reimbursement of expenses as counsel to debtors for the period from August 21, 2006 through and including September 28, 2012. ( Id. at D.I. 1989) On December 26, 2012 appellant filed an objection to the fee application.[1] ( Id. at D.I. 1993) An evidentiary hearing was held on May 1 and 2, 2013, followed by post-hearing briefing by the parties. ( Id. at 2053, 2063, 2068, 2073) On June 20, 2013, the bankruptcy court entered a memorandum opinion and order granting the final fee application. ( Id. at D.I. 2076) The memorandum opinion and order is the subject of this appeal.

III. STANDARD OF REVIEW

In undertaking a review of the issues on appeal, the court applies a clearly erroneous standard to the bankruptcy court's findings of fact and a plenary standard to that court's legal conclusions. See American Flint Glass Workers Union v. Anchor Resolution Corp., 197 F.3d 76, 80 (3d Cir. ...


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