MOTION FOR DISTRIBUTION OF RETAINER PAGE 1 OF 4
Alan L. Busch
Busch, Ruotolo & Simpson, LLP
100 Crescent Court, Suite 250
Dallas, Texas 75201
Telephone: (214) 855-2880
Facsimile: (214) 855-2871
E-mail: busch@buschllp.com
Mark Stromberg
State Bar No. 19408830
STROMBERG STOCK, PLLC
Two Lincoln Centre
5420 LBJ Freeway, Suite 300
Dallas, Texas 75240
Telephone 972/458-5335
Facsimile 972/770-2156
E-mail: mark@strombergstock.com
Attorneys for Jeffrey Baron, Alleged Debtor
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IN RE:
§
§
JEFFREY BARON,
§
Bankr. No. 12-37921-SGJ
§
Alleged Debtor.
§
Hearing: March _, 2013 @ _:__ _.m.
MOTION FOR DISTRIBUTION OF RETAINER
TO THE HONORABLE STACEY G. JERNIGAN, U.S. BANKRUPTCY JUDGE:
Busch, Ruotolo and Simpson, L.L.P. ("Applicant"), counsel for the Alleged Debtor, files
this Motion for Distribution of Retainer (the "Motion") pursuant to Rule 2016(b) of the Local
Bankruptcy Rules for the United States Bankruptcy Court for the Northern District of Texas, and would
respectfully show the Court the following:
1. Attached hereto as Exhibit "A" is a statement of the services rendered by Applicant
for the period of January 28, 2013, through February 28, 2013, in the amount of $9,435.25
($9,423.00 in fees for services, and $12.25 in out-of-pocket expenses incurred).
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MOTION FOR DISTRIBUTION OF RETAINER PAGE 2 OF 4
The statement contains a description of the services rendered, time spent, and the name of the attorney or
paraprofessional performing the work.
2. The attorneys performing work on this file were Alan L. Busch ($400.00/hour) and
Christopher M. Albert ($275.00/hour) and paraprofessional performing services herein was Kevin
Perry (at $95.00/hour). Gross billings for attorney and paraprofssional services on this file totaled
$9,423.00 (after voluntary discounts of $1,000.00); the overall average hourly rate for such
services was $270.78/hour.
3. Pursuant to orders from this Court on or about January 15, 2013, with the approval
of the District Court in the Netsphere litigation, a post-petition retainer of $25,000 (the "Retainer") has
been funded by the Receiver, Peter Vogel (the "Receiver"). The Retainer was established for the
benefit of the Alleged Debtor and was to be used to pay fees incurred by, (i) Applicant, and (ii)
Stromberg and Stock P.L.L.C
1
in representing the interests of the Alleged Debtor in the initial phases
of this case involuntary case.
4. By this Motion, Applicant seeks its pro rata share of the Retainer based on its fees and
expenses of $9,435.25. In addition, Applicant seeks a recommendation from this Court to the District
Court authorizing the funding of such additional funds as are necessary to pay the balance of
Applicant's and co-counsel's bills as are not covered by the Retainer, and such additional funds as
the Court determines may be appropriate relative to the remaining proceedings herein. To that end,
Applicant would request an additional retainer of not less than $40,000.00.
5. All parties receiving a copy of this Motion are hereby notified that any objections must
be filed and served on Applicant within twenty-one (21) days of the mailing hereof.
Applicant reserves the right to withdraw the portion not objected to and seek a
determination by the Court at a later time in a formal fee application as to that portion to which an
objection was filed.
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WHEREFORE, PREMISES CONSIDERED, Applicant prays for the relief requested
herein and for such other and further relief as to which it may be justly entitled.
Respectfully submitted,
Busch, Ruotolo & Simpson, L.L.P.
By: /s/ Alan L. Busch
Alan L. Busch
State Bar No. 19408830
Christopher M. Albert
State Bar No. 24008550
CERTIFICATE OF SERVICE
I hereby certify that on March 5, 2013 a true and correct copy of the foregoing document was
sent by email to Lisa Lambert, Counsel for the United States Trustee; Gerrit Pronske, Counsel for
the Petitioning Creditors, was served upon all persons identified below by regular mail, postage
prepaid, and to all other persons requesting notices via the ECF system.
Gerrit M. Pronske Shurig,m Jetel Beckett Tackett
PRONSKE & PATEL, P.C. 100 Congress Ave., Suite 5350
2200 Ross Ave., Suite 5350 Austin, Texas 78701
Dallas, Texas 75201
Dean Ferguson Jeffrey Hall
4715 Breezy Point Drive 8150 N. Central Expy., Suite 1575
Kingwood, Texas 77345 Dallas, Texas 75206
Email: dwferg2003dm@yahoo.com Email: jeff@powerstaylor.com
Gary G. Lyon David Pacione
The Willingham Law Firm Law Offices of Brian J. Judis
6401 W. Eldorado Parkway, Suite 203 700 N. Pearl St., Suite 425
McKinney, Texas 75070 Dallas, Texas 75201
Robert Garrey Sidney B. Chesnin
1201 Elm Street, Suite 5200 4841 Tremont, Suite 9
Dallas, Texas 75270 Dallas, Texas 75246
Email: bgarrey@gmail.com Email: schesnin@hotmail.com
MOTION FOR DISTRIBUTION OF RETAINER PAGE 3 OF 4
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Stromberg and Stock, P.L.L.C. has filed a separate fee application for its fees and expenses incurred in this case.
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MOTION FOR DISTRIBUTION OF RETAINER PAGE 4 OF 4
Darrell W. Cook and Stephen W. Davis Lisa L. Lamert and Nancy Resnick
Darrell W. Cook & Associates Office of the United States Trustee
One Meadows Building 1100 Commerce St., Room 976
5005 Greenville Ave., Suite 200 Dallas, Texas 75242
Dallas, Texas 75206 Email: lisa.l.lambert@usdoj.gov
Email: all@attorneycook.com Email: nancy.s.resnick@usdoj.gov
/s/ Alan L. Busch
VERIFICATION OF TRANSMITTAL TO U.S. TRUSTEE
Pursuant to Bankruptcy Rule 5005(b), I hereby verify that a copy of the foregoing Motion
for Distribution of retainer was served via the Court’s electronic filing system on the United States
trustee, 1100 Commerce Street, Room 976, Dallas, Texas 75242-1496 on the 5
th
day of March,
2013.
/s/ Alan L. Busch
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Alan L. Busch
Busch, Ruotolo & Simpson, LLP
100 Crescent Court, Suite 250
Dallas, Texas 75201
Telephone: (214) 855-2880
Facsimile: (214) 855-2871
E-mail: busch@buschllp.com
Mark Stromberg
State Bar No. 19408830
STROMBERG STOCK, PLLC
Two Lincoln Centre
5420 LBJ Freeway, Suite 300
Dallas, Texas 75240
Telephone 972/458-5335
Facsimile 972/770-2156
E-mail: mark@strombergstockcom
Attorneys for Jeffrey Baron, Alleged Debtor
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
IN RE: §
§
JEFFREY BARON, §
Bankr. No. 12-37921-SGJ
§
Alleged Debtor. § Hearing: March , 2013 @ __: __ __.m.
COVER SHEET
Interim Application of Busch, Ruotolo & Simpson, L.L.P.
for the time period of January 28, 2013 to February 28, 2013
Capacity: Attorneys for the Jeffrey Baron, the Alleged Debtor
Chapter: N/A
Debtor/Case: Jeffrey Baron – 12-34046-BJH-11
Retainer Received: $25,000.00 Amount Previously Paid: __$0.00___
Amount Requested:
Fees: $ 9,423.00
Vol. Fee Reductions: $ 1,000.00
Expenses: $ 12.25
Expense Reductions: $ 0.00
Other: $ 0.00
Total Reductions
: $ 1,000.00
Total: $ 9,435.25
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Expenses:
Copies per page: $2.25
Federal Express: N/A
Postage: N/A
Fax: N/A
Courier/Delivery: N/A
Online Research: N/A
Outside Copying: N/A
Transcripts:
Filing fees:
Pacer:
Travel: $10.00 (Parking)
Online Access:
Other:
Total Expenses: $12.25__
Hourly Rates: Attorney Paralegal
Highest Rates: $400.00 – $275.00 $95.00
Hours Billed: 29.40 5.40
Average per Hour: $303.06 $95.00
Overall Hourly Average: $270.78
/s/ Alan L. Busch March 5, 2013
Signature Date
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