ashinc corporation, 1 (jointly administered) thirteenth ... · pdf file ogletree deakins and...

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:

ASHINC CORPORATION, et al.1

Debtors.

Chapter 11

Case No. 12-11564 (CSS)

(Jointly Administered) Objection Deadline: July 7, 2014 at 4:00 p.m. (EDT)

THIRTEENTH MONTHLY APPLICATION OF OGLETREE, DEAKINS,

NASH, SMOAK & STEWART, P.C., FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND FOR REIMBURSEMENT OF EXPENSES

AS PROFESSIONALS IN THE ORDINARY COURSE TO THE DEBTORS AND DEBTORS-IN-POSSESSION FOR THE PERIOD

FROM APRIL 1, 2014 THROUGH APRIL 30, 2014

Name of Applicant Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Authorized to Provide Professional Services to: Above-captioned debtors and debtors-in- possession

Date of Retention: June 10, 2012

Period for which compensation and reimbursement are sought:

April 1, 2014 through April 30, 2014

Amount of Compensation sought as actual, reasonable, and necessary:

$7,024.00 (80% = $5,619.20)

Amount of Expense Reimbursement sought as actual, reasonable, and necessary:

$0.00

This is a(n): X monthly ___ interim final application

1

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: ASHINC Corporation (f/k/a Allied Systems Holdings, Inc.) (58- 0360550); AAINC Corporation (f/k/a Allied Automotive Group, Inc.) (58-2201081); AFBLLC LLC (f/k/a Allied Freight Broker LLC) (59-2876864); ASCCO (Canada) Company (f/k/a Allied Systems (Canada) Company) (90- 0169283); ASLTD L.P. (f/k/a Allied Systems, Ltd. (L.P.) (58-1710028); AXALLC LLC (f/k/a Axis Areta, LLC) (45-5215545); AXCCO Canada Company (f/k/a Axis Canada Company) (875688228); AXGINC Corporation (f/k/a Axis Group, Inc.) (58-2204628); Commercial Carriers, Inc. (38-0436930); CTSINC Corporation (f/k/a CT Services, Inc.) (38-2918187); CTLLC LLC (f/k/a Cordin Transport LLC) (38-1985795); F.J. Boutell Driveway LLC (38- 0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45- 4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91-0847582). The location of the Debtors’ corporate headquarters and the Debtors’ address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345.

Case 12-11564-CSS Doc 2444 Filed 06/16/14 Page 1 of 13

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Prior Applications Filed:

Date Filed Period Covered Fees Expenses

6/21/13 Dkt. No. 1347

6/10/12 – 4/30/13 (excluding July 2012)

$532,174.00 $5,167.04

7/15/13 Dkt. No. 1426

5/1/13 – 5/31/13 $96,052.00 $191.51

7/25/13 Dkt. No. 1477

6/1/13 – 6/30/13 $54,177.50 $204.94

9/24/13 Dkt. No. 1852

7/1/13 – 7/31/13 $83,618.50 $289.88

10/10/13 Dkt. No. 1891

8/1/13 – 8/31/13 $192,348.50 $1,284.16

11/01/13 Dkt. No. 1944

9/1/13 – 9/30/13 $126,218.50 $1,451.89

11/25/13 Dkt. No. 2022

10/1/13 – 10/31/13 $75,727.50 $452.55

01/03/14 Dkt. No. 2135

11/1/13 – 11/30/13 $76,615.50 $469.54

01/28/14 Dkt. No. 2212

12/1/13 – 12/31/13 $128,287.50 $2,562.17

02/27/14 Dkt. No. 2284

1/01/14 – 1/31/14 $30,360.00 $17.80

03/31/14 Dkt. No. 2326

02/01/14 – 02/28/14 $24,068.00 $11.30

05/01/14 Dkt. No. 2384

03/01/14 – 03/31/14 $51,756.00 $1,183.29

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COMPENSATION BY PROFESSIONAL

APRIL 1, 2014 THROUGH APRIL 30, 2014

Name of Professional Individual

Position, year assumed position, year of obtaining relevant license to

practice

Hourly Billing Rate

Total Hours Billed

Total Compensation

Frederick, Andrew D. ASSOCIATE Joined firm as Associate in 2012. Member of South Carolina Bar since 2012.

$255.00 7.30 $1,861.50

Gray, William A. SHAREHOLDER Joined firm as Shareholder in 1991. Member of Georgia Bar since 1976.

$650.00 3.10 $2,015.00

Shriver, Karen F. ASSOCIATE

Joined firm as Associate in 2013. Member of South Carolina Bar since 2011.

$330.00 0.60 $198.00

Silvers, James R. ASSOCIATE

Joined firm as Associate in 2011. Member of South Carolina Bar since 2009.

$280.00 5.70 $1,596.00

Summers, Laura M. ASSOCIATE Joined firm as Associate in 2011. Member of Georgia Bar since 2008.

$335.00 1.30 $435.50

Starek, Vicky PARALEGAL Joined firm in 2005.

$180.00 5.10 $918.00

TOTAL 23.10 $7,024.00

Professional Compensation: $7,024.00 Total Professional Hours: 23.10 Blended Rate: $338.33

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COMPENSATION BY MATTER APRIL 1, 2014 THROUGH APRIL 30, 2014

Client Matter Category Total Hours Total Fees

General Advice 5.70 $1,596.00

Employee Benefits – Non-Union 0.60 $390.00

Pension Plan (Settlor Function) 2.80 $1,628.00

Employee Benefits – Union 0.80 $362.50

Bankruptcy Fee Applications 13.20 $3,047.50

TOTAL 23.10 $7,024.00

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EXPENSE SUMMARY APRIL 1, 2014 THROUGH APRIL 30, 2014

Expense Category Service Provider (if applicable)

Total Expenses

0.00

TOTAL $0.00

Case 12-11564-CSS Doc 2444 Filed 06/16/14 Page 5 of 13

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In re:

ASHINC CORPORATION, et al.1 Debtors.

Chapter 11

Case No. 12-11564 (CSS)

(Jointly Administered) Objection Deadline: July 7, 2014 @ 4:00 p.m. (EDT)

THIRTEENTH MONTHLY APPLICATION OF OGLETREE, DEAKINS,

NASH, SMOAK & STEWART, P.C., FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND FOR REIMBURSEMENT OF EXPENSES

AS PROFESSIONALS IN THE ORDINARY COURSE TO THE DEBTORS AND DEBTORS-IN-POSSESSION FOR THE PERIOD

FROM APRIL 1, 2014 THROUGH APRIL 30, 2014

Pursuant to sections 330 and 331 of title 11 of the United States Code (the “Bankruptcy

Code”), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”),

and the Order Authorizing Employment and Retention of Professionals Used in Ordinary Course

of Business Nunc Pro Tunc to June 10, 2012 [Docket No. 216] (the “Retention Order”),

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (“Ogletree Deakins”) hereby files this

Thirteenth Monthly Application for Allowance of Compensation for Services Rendered and for

Reimbursement of Expenses as Professionals in the Ordinary Course to the Debtors and Debtors-

in-Possession for the Period From April 1, 2014 through April 30, 2014 (the “Application”). By

this Application, Ogletree Deakins seeks a monthly allowance with respect to the sums of

1

The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: ASHINC Corporation (f/k/a Allied Systems Holdings, Inc.) (58- 0360550); AAINC Corporation (f/k/a Allied Automotive Group, Inc.) (58-2201081); AFBLLC LLC (f/k/a Allied Freight Broker LLC) (59-2876864); ASCCO (Canada) Company (f/k/a Allied Systems (Canada) Company) (90- 0169283); ASLTD L.P. (f/k/a Allied Systems, Ltd. (L.P.) (58-1710028); AXALLC LLC (f/k/a Axis Areta, LLC) (45-5215545); AXCCO Canada Company (f/k/a Axis Canada Company) (875688228); AXGINC Corporation (f/k/a Axis Group, Inc.) (58-2204628); Commercial Carriers, Inc. (38-0436930); CTSINC Corporation (f/k/a CT Services, Inc.) (38-2918187); CTLLC LLC (f/k/a Cordin Transport LLC) (38-1985795); F.J. Boutell Driveway LLC (38- 0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45- 4242057); QAT, Inc. (59-2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91-0847582). The location of the Debtors’ corporate headquarters and the Debtors’ address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345.

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$7,024.00 (80% = $5,619.20) as compensation for the period April 1, 2014 through and

including April 30, 2014 (the “Compensation Period”). In support of this Application, Ogletree

Deakins respectfully represents as follows:

Background

1. On May 17, 2012 (the “Involuntary Petition Date”), involuntary

petitions were filed against Allied Systems Holdings, Inc. (“Allied Holdings”) and its

subsidiary, Allied Systems, Ltd. (L.P.) (“Allied Systems”) under chapter 11 of the Bankruptcy

Code in this Court. On June 10, 2012 (the “Voluntary Petition Date,” and together with the

Involuntary Petition Date, the “Petition Date,” as applicable to the particular Debtor), the

remaining Debtors filed voluntary petitions i