Second Application for Interim Professional Compensation/Second

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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
:
In re
:
:
AMR CORPORATION, et al.,
:
:
Debtors.
:
:
---------------------------------------------------------------x
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Chapter 11 Case No.
11-15463 (SHL)
(Jointly Administered)
SUMMARY SHEET PURSUANT TO UNITED STATES TRUSTEE
GUIDELINES FOR REVIEWING APPLICATIONS FOR COMPENSATION
AND REIMBURSEMENT OF EXPENSES FILED UNDER 11 U.S.C. § 330
SECOND INTERIM FEE APPLICATION
Name of Applicant:
Authorized to Provide Professional
Services to:
Period for which Compensation and
Expense Reimbursement is Sought:
Felsberg, Pedretti e Mannrich Advogados e Consultores
Legais
AMR Corporation, et al.
November 29, 2011 through and including March 31,
2012
Amount of Fees:
$152,380.98
Amount of Expense Reimbursement:
$30,668.96
Total Fees and Expenses Due:
$183,049.94
Prior Applications:
Amended Interim Fee Application, filed January 31,
2013 (ECF No. 6436) for the period from April 1, 2012
through and including July 31, 2012
Total Fees & Expenses Requested: $397,273.14
Total Fees & Expenses Allowed: TBD
This is a(n):
Thomas Benes Felsberg
____Monthly
X
Interim ____Final Fee Application
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SUMMARY OF SECOND INTERIM FEE APPLICATION OF
FELSBERG, PEDRETTI E MANNRICH ADVOGADOS E CONSULTORES
LEGAIS FOR THE PERIOD NOVEMBER 29, 2011 THROUGH MARCH 31, 2012
Hours
Billed
Total
Compensation
Professional
Position
Hourly Rate
Anna Flávia se Azevedo
Izelli
Marcus Alexandre
Matteucci Gomes
André de Melo Ribeiro
Nancy Tancsik de Oliveira
Ricardo Lourenco de
Oliveira
Fabrico Dorado Soler
Cristiane Silva de Oliveira
Fernando Eduardo Martins
de Oliveira
Isabel do Egypto Mazoni
Andrade
Maurício Pepe De lion
Rodrigo Gomes de Sousa
Rodrigo Prado Goncalves
Carolina Moreira Fernandes
Lucia Stamato Gomes
Marina Scuccuglia
Mantovani
Paulo Woo Jin Lee
Eduardo Vergara Lopes
Flavia Fachini Dellaqua
Maysa de Sá Pittondo
Beatriz Furtado Lara
Filipe Vergette Conceicão
Igor Farias Cruz Lima
Karina Neuls
Luise Trein
Nicole Fontolan Villa
Pamela Ipiranga dos Santos
Ghetti
Pedro Xavier de Mendonca
Bandeira Azevedo
Partner
$225.00
27.17
$6,112.50
Parner
$225.00
.67
$150.00
Partner
Partner
Associate
$225.00
$225.00
$225.00
1.33
15.33
38.00
$300.00
$3,450.00
$8,550.00
Associate
Associate
Assocaite
$200.00
$175.00
$175.00
.50
137.67
1.83
$100.00
$24,092.05
$320.83
Associate
$175.00
22.00
$3,849.99
Associate
Associate
Associate
Associate
Associate
Associate
$175.00
$175.00
$175.00
$150.00
$150.00
$150.00
.50
27.83
16.17
84.33
1.33
76.00
$87.50
$4,871.17
$2,829.16
$11,791.68
$200.00
$11,400.00
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$150.00
$125.00
$125.00
$125.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
14.33
1.50
7.00
20.33
4.67
23.50
106.17
8.50
115.83
192.17
1.83
$2,150.00
$187.50
$875.00
$2,541.67
$325.01
$2,349.99
$10,616.76
$850.00
$11,583.39
$19,216.75
$183.34
Associate
$100.00
3.67
$366.66
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Tasso Alexandre Richetti
Pires Cipriano
Cynthia Fernandez Guidotti
Anabel Langraffi Lima
Caio de Lira Gomes Silva
Carolina Mitne Sparapani
Gabriel Chiavassa de Mello
Paula Lima
Luis Antonio Rodrigues
Marina de Jesus Pinto
Tamires de Carvalho Lima
Fernanda Amaral da Silva
Jose Marcos Moreno Morelo
Filho
Mariana Vasques Soares de
Campos Matos
Pedro Luiz Marcon
Cintia Barbieri Migliorini
Allen Patrick Rodrigues
Nascimento
Camila Costa Marques de
Souza
Juliana Silva de Melo
Vanessa Maria Carvalho
Feijo
Yohana Daria Guimarães
Eric Simões Visini
Marcella Nina Soares
Marcela Rey Grandizoli
Paula Cerqueira Goulart
Pedro de Sylos Bonecker
Stephen John Wingrove
Flávia Hammerle Rezende
Rafaela Fonseca Cambaúva
Diana Carolina Biseo
Henriques
Diego Dyodi Ishiwa
Giovanni Leonhardt
Roberto Henne Filho
Thayná Costa de Carvalho
Total:
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Associate
$100.00
12.00
$1,200.00
Associate
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$100.00
$75.00
$75.00
$75.00
$75.00
10.50
33.17
30.00
100.17
.83
$1,050.00
$2,487.50
$2,250.00
$7,512.50
$62.50
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$75.00
$75.00
$75.00
$50.00
$50.00
5.67
5.50
18.50
7.50
9.00
$425.00
$412.50
$1,387.50
$429.13
$450.00
Paraprofessional
$45.00
.17
$7.50
Paraprofessional
Paraprofessional
Paraprofessional
$50.00
$50.00
$45.00
21.50
1.17
.33
$1,035.80
$58.33
$15.00
Paraprofessional
$45.00
1.00
$45.00
Paraprofessional
Paraprofessional
$45.00
$45.00
6.33
.83
$285.00
$37.50
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$45.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$25.00
3.33
5.67
1.83
.67
5.50
33.66
.33
18.17
12.50
10.00
$150.00
$198.33
$64.17
$23.33
$192.50
$1,178.33
$11.67
$635.85
$429.17
$250.08
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$25.00
$25.00
$25.00
$25.00
12.33
3.17
1.17
13.17
1,335.83
$308.33
$79.17
$29.17
$329.17
$152,380.98
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Professionals
Partners
Associates
Paraprofessionals
Blended Attorney
Rate:
Total:
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Blended
Rate
$225.00
$131.00
$57.22
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Total Hours Billed
Total Compensation
44.50
928.16
363.17
$10,012.50
$121,588.45
$20,780.03
1,335.83
$152,380.98
$135.30
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EXPENSE SUMMARY OF FELSBERG, PEDRETTI E
MANNRICH ADVOGADOS E CONSULTORES LEGAIS FOR
THE PERIOD NOVEMBER 29, 2011 THROUGH MARCH 31, 2012
EXPENSES
Travel and Transportation
Airline Tickets
Parking
Mileage
Hotel
Telephone/Teleconference
Postage and Express Mail
Duplicating
External Duplicating
External Binding
Courier/Messengers
Meals
Public Notary Fees
Service Charges
Translation Services
External Professional Fees
Court/Filing/Regulatory Fees
Total:
AMOUNTS
$2,482.56
$916.48
$2.85
$32.40
$297.24
$142.55
$246.10
$626.64
$9.68
$44.11
$89.34
$43.96
$130.73
$7.44
$79.76
$19,854.28
$5,662.84
$30,668.96
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Hearing Date and Time: TBD
Objection Date and Time: TBD
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
:
In re
:
:
AMR CORPORATION, et al.,
:
:
Debtors.
:
:
---------------------------------------------------------------x
Chapter 11 Case No.
11-15463 (SHL)
(Jointly Administered)
SECOND INTERIM APPLICATION OF FELSBERG, PEDRETTI E
MANNRICH ADVOGADOS E CONSULTORES LEGAIS FOR
COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT
OF EXPENSES INCURRED FROM NOVEMBER 29, 2011 THROUGH MARCH 31, 2012
TO THE HONORABLE SEAN H. LANE,
UNITED STATES BANKRUPTCY JUDGE:
Felsberg, Pedretti e Mannrich Advogados e Consultores Legais (“Felsberg”),
Brazilian counsel for AMR Corporation and certain of its affiliates, as debtors and debtors in
possession in the above-captioned chapter 11 cases (collectively, the “Debtors” or “American”),
for its second application (the “SecondApplication”), pursuant to sections 330(a) and 331 of
title 11, United States Code (the “Bankruptcy Code”), Rule 2016 of the Federal Rules of
Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 2016-1of the Local Bankruptcy
Rules of the Southern District of New York (the “Local Rules”), for the interim allowance of
compensation for professional services performed by Felsberg for the period commencing
November 29, 2011 through and including March 31, 2012 (the “Compensation Period”), and
for reimbursement of its actual and necessary expenses incurred during the Compensation
Period, respectfully represents:
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Background
1.
On November 29, 2011 (the “Commencement Date”), each of the
Debtors commenced a voluntary case under chapter 11 of the Bankruptcy Code. The Debtors
have continued to operate their business and manage their properties as debtors in possession
pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been
appointed in these chapter 11 cases.
2.
On December 5, 2011, the United States Trustee for the Southern District
of New York (the “U.S. Trustee”) appointed the Official Committee of Unsecured Creditors (the
“UCC”).
3.
On March 23, 2012, the U.S. Trustee appointed the Section 1114
Committee of Retired Employees (the “Retiree Committee”).
4.
On May 24, 2012, the U.S. Trustee, the Debtors, and the UCC filed a
stipulation with respect to the appointment of Robert J. Keach as fee examiner (the “Fee
Examiner”), which was “so ordered” by the Bankruptcy Court on June 12, 2012 (ECF
No. 3184).
5.
Felsberg was initially retained under the Order Pursuant to 11 U.S.C.
§§ 105(a), 327, and 330 Authorizing Debtors to Employ Professionals Used in the Ordinary
Course of Business Nunc Pro Tunc to the Commencement Date (ECF No. 643) (the “OCP
Order”).
6.
Subsequently, on April 26, 2012, the Debtors filed an application,
pursuant to section 327(e) of the Bankruptcy Code and Bankruptcy Rule 2014(a) for authority to
employ and retain Felsberg as Brazilian counsel for the Debtors, nunc pro tunc to the
Commencement Date (ECF No. 2451) (the “Retention Application”).
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7.
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On May 11, 2012, this Court entered an order approving the Retention
Application (ECF No. 2710) (the “Retention Order”), which governs Felsberg’s retention by
the Debtors in these chapter 11 cases.
8.
On September 17, 2012, Felsberg filed its Application for Interim
Allowance of Compensation for Professional Services Rendered and Reimbursement of Actual
and Necessary Expenses Incurred from April 1, 2012 through July 31, 2012 (ECF No. 4505).
9.
On January 31, 2013, Felsberg filed its Amended Application for Interim
Allowance of Compensation for Professional Services Rendered and Reimbursement of Actual
and Necessary Expenses Incurred from April 1, 2012 through July 31, 2012 (ECF No. 6436).
10.
On February 14, 2013, the Court entered an order pursuant to section
1121(d) of the Bankruptcy Code extending the periods during which American has the exclusive
right to file and solicit approval of a plan of reorganization (the “Exclusive Periods”) to
April 15, 2013 and June 17, 2013, respectively (ECF No. 6689).
11.
The Debtors have advised Felsberg that, to date, all quarterly fees due to
the U.S. Trustee have been paid. Additionally, the Debtors continue to pay their postpetition
expenses of administration in the ordinary course. As of December 31, 2012, the Debtors hold in
excess of $4.7 billion in restricted and unrestricted cash and liquid investments.
12.
The Debtors have also advised Felsberg that, to date, all monthly
operating reports have been timely filed.
13.
Information regarding the Debtors’ business, capital structure, and the
circumstances leading to the commencement of these chapter 11 cases is set forth in the
Affidavit of Isabella D. Goren Pursuant to Local Rule 1007-2, sworn to on November 29, 2011
3
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(ECF No. 4). Additional information regarding the Debtors’ financial affairs is provided in the
Monthly Operating Report for the Month Ended December 31, 2012.
Jurisdiction
14.
This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334.
This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b).
Summary of Professional Compensation
and Reimbursement of Expenses Requested
15.
Felsberg seeks allowance of interim compensation for professional
services performed during the Compensation Period in the amount of $152,380.98, and for
reimbursement of expenses incurred in connection with the rendition of such services in the
amount of $30,668.96. During the Compensation Period, Felsberg professionals expended a
total of approximately 1,335.83 hours in connection with the necessary services performed.
16.
The Second Application has been prepared in accordance with the
Bankruptcy Code, the Bankruptcy Rules, the Local Rules, the Amended Guidelines for Fees and
Disbursements for Professionals in Southern District of New York Bankruptcy Cases pursuant to
General Order M-446 (Jan. 23, 2013) (the “Local Guidelines”), the U.S. Trustee Guidelines for
Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11
U.S.C. § 330, adopted on January 30, 1996 (the “UST Guidelines”), and the Second Amended
Order Pursuant to 11 U.S.C. §§ 105(a) and 331 Establishing Procedures for Interim
Compensation and Reimbursement of Expenses of Professionals (ECF No. 1656) (the
“Administrative Order,” and together with the Local Guidelines and the UST Guidelines, the
“Fee Guidelines”). Pursuant to the UST Guidelines, the Debtors have been provided with a
copy of the Third Application for their review and will have completed their review of the same
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prior to the hearing on the Third Application.1 To the best of Felsberg’s knowledge, except to
the extent provided under the Fee Guidelines, there is no known budgetary or other limitation on
Felsberg’s fees.
17.
The fees charged by Felsberg in these cases are billed in accordance with
Felsberg’s billing rates and procedures approved under the Retention Order.2 The rates Felsberg
charges for the services rendered by its professionals in these chapter 11 cases are consistent
with, and typical of, arrangements entered into by Felsberg and other law firms that render
comparable services, both in-and-out of bankruptcy.
18.
There is no agreement or understanding between Felsberg and any other
person for the sharing of compensation to be received for services rendered in these cases.
19.
Pursuant to, and consistent with, the relevant requirements of the Fee
Guidelines, the following exhibits are annexed hereto:
i. Exhibit “A” is a certification regarding compliance with the Fee
Guidelines;
ii. Exhibit “B” is a schedule of Felsberg professionals who have
performed services for the Debtors during the Compensation Period,
the capacities in which each such individual is employed by Felsberg,
the hourly billing rate charged by Felsberg for services performed by
such individuals, and the aggregate number of hours expended by such
individuals in this matter;
iii. Exhibit “C” is a schedule specifying the categories of expenses for
which Felsberg is seeking reimbursement and the total amount for each
such expense category, and
1
Felsberg expressly incorporates its Monthly Fee Statement for for the period from November 29, 2011 through
and including March 31, 2012, including all attachments annexed thereto (ECF No. 7210) (the “Monthly Fee
Statement”) into the Second Application.
2
Although the Fee Guidelines indicate that time records should be reported in one-tenth hour incremenets,
pursuant to the Retention Order, Felsberg’s time records may be rendered in one-sixth hour increments.
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iv. Exhibit “D,” pursuant to the UST Guidelines, is a summary of
Felsberg’s time records billed during the Compensation Period using
project categories. Copies of these computerized records have been
furnished to the Debtors and, subject to redaction or modification for
the attorney-client privilege where necessary to protect the Debtors’
estates, counsel for the UCC, counsel for the Retiree Committee, the
Fee Examiner, and the U.S. Trustee in the format specified by the UST
Guidelines.
20.
To the extent that time or disbursement charges for services rendered or
disbursements incurred relate to the Compensation Period, but were not processed prior to the
preparation of this Second Application, Felsberg reserves the right to request additional
compensation for such services and reimbursement of such expenses in a future application. To
the best of Felsberg’s knowledge and belief, the Debtors have reviewed and approved the fees
and expenses requested in the Second Application.
Summary of Services Performed by
Felsberg During the Compensation Period
21.
The following is a summary of the significant professional services
rendered by Felsberg during the Compensation Period:
22.
As Debtors’ Brazilian counsel, Felsberg has: (i) defended passenger
claims before the civil courts, small-claims courts, and consumer protection agencies of Brazil;
(ii) defended individual employee and collective bargaining group labor lawsuits, as well as
provide counsel on compliance with labor laws and risk mitigation; (iii) defended the Debtors in
fines, investigations, applications or other public law matters before the civil aviation authority
(known by its Portuguese acronym as ANAC), the national health agency (known as ANVISA),
the Ministry of Defense as to aviation safety and air traffic control matters, and the public
prosecutors and the Federal Police of Brazil; (iv) acted as counsel on customs matters,
(v) handled uninsured cargo claims; (vi) provided tax planning and counsel; (vii) represented the
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Debtors in matters before the national airport authority (known as INFRAERO) as well as local
airport administration; (viii) reviewed, negotiated and drafted vendor agreements and other
commercial contracts; and (ix) formed and maintained legal entities principally related to the
branch of American Airlines, Inc. that is registered to do business in Brazil.
23.
The professional services performed by Felsberg on behalf of the Debtors
during the Compensation Period required an aggregate expenditure of approximately 1,335.83
recorded hours by Felsberg’s partners, associates, and paraprofessionals. Of the aggregate time
expended, approximately 44.5 recorded hours were expended by partners of Felsberg,
approximately 928.16 recorded hours were expended by associates, and approximately 363.17
recorded hours were expended by paraprofessionals of Felsberg.
24.
During the Compensation Period, Felsberg billed the Debtors for time
expended by attorneys based on hourly rates ranging from $100.00 to $225.00 per hour for
attorneys. Allowance of compensation in the amount requested would result in a blended hourly
billing rate of approximately $135.30 (based on 972.66 recorded hours for attorneys at
Felsberg’s agreed billing rates in effect at the time of the performance of services).
25.
The professional services performed by Felsberg were necessary and
appropriate to the administration of the Debtors’ chapter 11 cases. The professional services
performed by Felsberg were in the best interests of the Debtors and other parties in interest.
Compensation for such services as requested is commensurate with the complexity, importance,
and nature of the issues and tasks involved.
Actual and Necessary Disbursements of Felsberg
26.
As set forth in Exhibit “C” annexed hereto, Felsberg has disbursed
$30,668.96 as expenses incurred in providing professional services during the Compensation
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Period. Felsberg has made every effort to minimize its disbursements in these cases. The
expenses charged by Felsberg are determined in the same manner for all clients both in-and-out
of bankruptcy. Felsberg submits that the actual expenses incurred in providing professional
services were necessary, are reasonable in amount and represent only actual costs incurred.
27.
To the best of Felsberg’s knowledge, the Second Application complies
with the Fee Guidelines.
The Requested Compensation Should Be Allowed
28.
Section 331 of the Bankruptcy Code provides for interim compensation of
professionals and incorporates the substantive standards of section 330 to govern the Court’s
award of such compensation. 11 U.S.C. § 331. Section 330 provides that a court may award a
professional employed under section 327 of the Bankruptcy Code “reasonable compensation for
actual, necessary services rendered . . . and reimbursement for actual, necessary expenses.” Id. at
§ 330(a)(1). Section 330 also sets forth the criteria for the award of such compensation and
reimbursement:
In determining the amount of reasonable compensation to be
awarded to [a] professional person, the court shall consider the nature, the
extent, and the value of such services, taking into account all relevant
factors, including –
(A)
the time spent on such services;
(B)
the rates charged for such services;
(C)
whether the services were necessary to the
administration of, or beneficial at the time at which
the service was rendered toward the completion of,
a case under this title;
(D)
whether the services were performed within a
reasonable amount of time commensurate with the
complexity, importance, and nature of the problem,
issue, or task addressed; and
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(E)
with respect to a professional person, whether the
person is board certified or otherwise has
demonstrated skill and experience in the bankruptcy
field; and
(F)
whether the compensation is reasonable based on
the customary compensation charged by
comparably skilled practitioners in cases other than
cases under this title.
Id. at § 330(a)(3).
29.
Felsberg submits that the services for which it seeks compensation and the
expenditures for which it seeks reimbursement in this Second Application were necessary for
and beneficial to the Debtors’ chapter 11 estates. The requested compensation for the foregoing
services is commensurate with the complexity, importance, and nature of the problems, issues,
and tasks involved. The professional services were performed expediently and efficiently, and
the compensation requested herein is reasonable in light of the nature, extent, and value of such
services to the Debtors, their estates, and all parties in interest. Accordingly, approval of the
compensation for professional services and reimbursement of expenses sought herein is
warranted.
Notice
30.
Notice of this Second Application has been provided to parties in interest
in accordance with the Amended Order Pursuant to 11 U.S.C. §§ 105(a) and (d) and Bankruptcy
Rules 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management
Procedures, dated August 9, 2012 (ECF No. 3952). In view of the facts and circumstances, such
notice is sufficient and no other or further notice need be provided.
31.
No previous request for the relief sought herein has been made by
Felsberg to this or any other Court, except for Felsberg’s Monthly Fee Statement which sought
approval of 80% of the fees and 100% of the expenses requested herein.
9
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Conclusion
32.
Felsberg respectfully requests the Court enter an order authorizing (i) an
interim allowance of compensation for professional services rendered during the Compensation
Period in the amount of $183,049.94, consisting of $152,380.98, representing 100% of fees
incurred during the Compensation Period, and reimbursement of $30,668.96, representing 100%
of actual and necessary expenses incurred during the Compensation Period; (ii) that the
allowance of such compensation for professional services rendered and reimbursement of actual
and necessary expenses incurred be without prejudice to Felsberg’s right to seek additional
compensation for services performed and expenses incurred during the Compensation Period,
which were not processed at the time of this Second Application; (iii) directing payment by the
Debtors of the difference between the amounts allowed and any amounts previously paid by the
Debtors pursuant to the Administrative Order; and (iv) such other and further relief as is just.
Dated: São Paulo, SP, Brazil
March 21, 2013
___________________________
Thomas Benes Felsberg, Esq.
FELSBERG, PEDRETTI E MANNRICH
ADVOGADOS E CONSULTORES LEGAIS
Avenida Paulista 1294, 2o e 3o andares
São Paulo, SP, Brazil 01310-915
10
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
:
In re
:
:
AMR CORPORATION, et al.,
:
:
Debtors.
:
:
---------------------------------------------------------------x
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Chapter 11 Case No.
11-15463 (SHL)
(Jointly Administered)
CERTIFICATION UNDER GUIDELINES FOR FEES AND DISBURSEMENTS
FOR PROFESSIONALS IN RESPECT OF RETENTION APPLICATION OF
FELSBERG, PEDRETTI E MANNRICH ADVOGADOS E CONSULTORES LEGAIS
FOR INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES
I, Thomas Benes Felsberg, hereby certify that:
1.
I am a partner at Felsberg, Pedretti e Mannrich Advogados e Consultores
Legais (“Felsberg”), Brazilian counsel for AMR Corporation AMR Corporation and certain of its
affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively,
the “Debtors” or “American”), and submit this certification in respect of compliance with the
Amended Guidelines for Fees and Disbursements for Professionals in Southern District of New
York Bankruptcy Cases pursuant to General Order M-446 (Jan. 23, 2013) (the “Local
Guidelines”), the U.S. Trustee Guidelines for Reviewing Applications for Compensation and
Reimbursement of Expenses Filed Under 11 U.S.C. § 330, adopted on January 30, 1996 (the “UST
Guidelines”), and the Second Amended Order Pursuant to 11 U.S.C. §§ 105(a) and 331
Establishing Procedures for Interim Compensation and Reimbursement of Expenses of
Professionals (ECF No. 1656) (the “Administrative Order,” and together with the Local
Guidelines and the UST Guidelines, the “Fee Guidelines”).
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This certification is made in connection with Felsberg’s second application,
dated March 21, 2013 (the “Second Application”), for interim compensation and reimbursement of
expenses for the period commencing November 29, 2011 through and including March 31, 2012 in
accordance with the Fee Guidelines.
3.
Pursuant to section B.1 of the Local Guidelines, I certify that:
i. I have read the Second Application;
ii. to the best of my knowledge, information, and belief formed after
reasonable inquiry, the fees and disbursements sought fall within the Local
Guidelines and UST Guidelines;
iii. except to the extent that fees or disbursements are prohibited by the Fee
Guidelines, the fees and disbursements sought are billed at rates in
accordance with those customarily charged by Felsberg and generally
accepted by Felsberg’s clients; and
iv. in providing a reimbursable service, Felsberg does not make a profit on
that service, whether the service is performed by Felsberg in-house or
through a third party.
4.
Pursuant to section B.2 of the Local Guidelines and as required by the
Administrative Order, I certify that Felsberg has complied with provisions requiring it to provide
the Debtors, counsel for the Debtors, counsel for the statutory committee of unsecured creditors
appointed in these cases (the “UCC”), counsel for the Section 1114 Committee of Retired
Employees appointed in these cases (the “Retiree Committee”), the fee examiner appointed in
these cases (the “Fee Examiner”), and the United States Trustee for the Southern District of New
York (the “U.S. Trustee”) with a statement of Felsberg’s fees and disbursements accrued during the
previous month, although, due to the exigencies of these cases, such statements were not always
provided within the exact timetables set forth in the Administrative Order.
2
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Pursuant to section B.3 of the Local Guidelines, I certify that the Debtors,
Debtors’ counsel, counsel for the UCC, counsel for the Retiree Committee, the Fee Examiner and
the U.S. Trustee have been provided with a copy of the Second Application.
Dated: São Paulo, SP, Brazil
March 21, 2013
___________________________
Thomas Benes Felsberg, Esq.
FELSBERG, PEDRETTI E MANNRICH
ADVOGADOS E CONSULTORES LEGAIS
Avenida Paulista 1294, 2o e 3o andares
São Paulo, SP, Brazil 01310-915
3
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Exhibit B
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SUMMARY OF SECOND INTERIM FEE APPLICATION OF
FELSBERG, PEDRETTI E MANNRICH ADVOGADOS E CONSULTORES
LEGAIS FOR THE PERIOD NOVEMBER 29, 2011 THROUGH MARCH 31, 2012
Hours
Billed
Total
Compensation
Professional
Position
Hourly Rate
Anna Flávia se Azevedo
Izelli
Marcus Alexandre
Matteucci Gomes
André de Melo Ribeiro
Nancy Tancsik de Oliveira
Ricardo Lourenco de
Oliveira
Fabrico Dorado Soler
Cristiane Silva de Oliveira
Fernando Eduardo Martins
de Oliveira
Isabel do Egypto Mazoni
Andrade
Maurício Pepe De lion
Rodrigo Gomes de Sousa
Rodrigo Prado Goncalves
Carolina Moreira Fernandes
Lucia Stamato Gomes
Marina Scuccuglia
Mantovani
Paulo Woo Jin Lee
Eduardo Vergara Lopes
Flavia Fachini Dellaqua
Maysa de Sá Pittondo
Beatriz Furtado Lara
Filipe Vergette Conceicão
Igor Farias Cruz Lima
Karina Neuls
Luise Trein
Nicole Fontolan Villa
Pamela Ipiranga dos Santos
Ghetti
Pedro Xavier de Mendonca
Bandeira Azevedo
Tasso Alexandre Richetti
Pires Cipriano
Partner
$225.00
27.17
$6,112.50
Parner
$225.00
.67
$150.00
Partner
Partner
Associate
$225.00
$225.00
$225.00
1.33
15.33
38.00
$300.00
$3,450.00
$8,550.00
Associate
Associate
Assocaite
$200.00
$175.00
$175.00
.50
137.67
1.83
$100.00
$24,092.05
$320.83
Associate
$175.00
22.00
$3,849.99
Associate
Associate
Associate
Associate
Associate
Associate
$175.00
$175.00
$175.00
$150.00
$150.00
$150.00
.50
27.83
16.17
84.33
1.33
76.00
$87.50
$4,871.17
$2,829.16
$11,791.68
$200.00
$11,400.00
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$150.00
$125.00
$125.00
$125.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
14.33
1.50
7.00
20.33
4.67
23.50
106.17
8.50
115.83
192.17
1.83
$2,150.00
$187.50
$875.00
$2,541.67
$325.01
$2,349.99
$10,616.76
$850.00
$11,583.39
$19,216.75
$183.34
Associate
$100.00
3.67
$366.66
Associate
$100.00
12.00
$1,200.00
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Cynthia Fernandez Guidotti
Anabel Langraffi Lima
Caio de Lira Gomes Silva
Carolina Mitne Sparapani
Gabriel Chiavassa de Mello
Paula Lima
Luis Antonio Rodrigues
Marina de Jesus Pinto
Tamires de Carvalho Lima
Fernanda Amaral da Silva
Jose Marcos Moreno Morelo
Filho
Mariana Vasques Soares de
Campos Matos
Pedro Luiz Marcon
Cintia Barbieri Migliorini
Allen Patrick Rodrigues
Nascimento
Camila Costa Marques de
Souza
Juliana Silva de Melo
Vanessa Maria Carvalho
Feijo
Yohana Daria Guimarães
Eric Simões Visini
Marcella Nina Soares
Marcela Rey Grandizoli
Paula Cerqueira Goulart
Pedro de Sylos Bonecker
Stephen John Wingrove
Flávia Hammerle Rezende
Rafaela Fonseca Cambaúva
Diana Carolina Biseo
Henriques
Diego Dyodi Ishiwa
Giovanni Leonhardt
Roberto Henne Filho
Thayná Costa de Carvalho
Total:
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Associate
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$100.00
$75.00
$75.00
$75.00
$75.00
10.50
33.17
30.00
100.17
.83
$1,050.00
$2,487.50
$2,250.00
$7,512.50
$62.50
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$75.00
$75.00
$75.00
$50.00
$50.00
5.67
5.50
18.50
7.50
9.00
$425.00
$412.50
$1,387.50
$429.13
$450.00
Paraprofessional
$45.00
.17
$7.50
Paraprofessional
Paraprofessional
Paraprofessional
$50.00
$50.00
$45.00
21.50
1.17
.33
$1,035.80
$58.33
$15.00
Paraprofessional
$45.00
1.00
$45.00
Paraprofessional
Paraprofessional
$45.00
$45.00
6.33
.83
$285.00
$37.50
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$45.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$25.00
3.33
5.67
1.83
.67
5.50
33.66
.33
18.17
12.50
10.00
$150.00
$198.33
$64.17
$23.33
$192.50
$1,178.33
$11.67
$635.85
$429.17
$250.08
Paraprofessional
Paraprofessional
Paraprofessional
Paraprofessional
$25.00
$25.00
$25.00
$25.00
12.33
3.17
1.17
13.17
1,335.83
$308.33
$79.17
$29.17
$329.17
$152,380.98
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Partners
Associates
Paraprofessionals
Blended Attorney
Rate:
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Blended
Rate
$225.00
$131.00
$57.22
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Total Hours Billed
Total Compensation
44.50
928.16
363.17
$10,012.50
$121,588.45
$20,780.03
1,335.83
$152,380.98
$135.30
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EXPENSE SUMMARY OF FELSBERG, PEDRETTI E
MANNRICH ADVOGADOS E CONSULTORES LEGAIS
FOR THE PERIOD APRIL 1, 2012 THROUGH JULY 31, 2012
EXPENSES
Travel and Transportation
Airline Tickets
Parking
Mileage
Hotel
Telephone/Teleconference
Postage and Express Mail
Duplicating
External Duplicating
External Binding
Courier/Messengers
Meals
Public Notary Fees
Service Charges
Translation Services
External Professional Fees
Court/Filing/Regulatory Fees
Total:
AMOUNTS
$2,482.56
$916.48
$2.85
$32.40
$297.24
$142.55
$246.10
$626.64
$9.68
$44.11
$89.34
$43.96
$130.73
$7.44
$79.76
$19,854.28
$5,662.84
$30,668.96
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