IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

Emily Connor Kennedy (VSB #83889) Dale W. Pittman (VSB #15673) Thomas D. Domonoske (VSB #35434)

Mark C. Leffler (VSB #40712) THE LAW OFFICE OF DALE W. PITTMAN,P.C. Consumer Litigation Associates

Boleman Law Firm, P.C. The Eliza Spotswood House 763 J. Clyde Morris Blvd, Suite 1A

2104 W. Laburnum Ave., Suite 201 112-A West Tabb Street Newport News, VA 23601

Richmond, VA 23227 Petersburg, VA 23803 Telephone: (540) 442-7706

Telephone (804) 358-9900 Telephone (804) 861-6000 Counsel for Plaintiff

Counsel for Debtor/Plaintiff Counsel for Plaintiff

In re: Donna Marie Fudala Case No. 16-32620-KRH

AKA Donna F. Marquardt Chapter 13

Debtor 

NOTICE OF APPLICATION BY COUNSEL FOR DEBTOR FOR 

AWARD OF ATTORNEY FEES

NOTICE IS HEREBY GIVEN that counsel for the above-named Debtor has filed an Application 

for an Award of Attorney Fees. 

Your rights may be affected. If you do not want the Court to grant the Application then 

within twenty-one (21) days of this notice, you or your attorney must

File with the Court a written request for a hearing and an answer explaining your position 

at:

Clerk of Court

United States Bankruptcy Court

701 E. Broad Street, Room 4000

Richmond, VA 23219-3515

If you mail your response to the Court for filing, you must mail it to the address listed 

immediately above and early enough so that the Court will receive it within the time period 

stated above.

You must also send a copy to:

Boleman Law Firm, P.C.

P. O. Box 11588

Richmond, VA 23230-1588

If you or your attorney do not take these steps, the Court may decide that you do not 

oppose therelief sought in the Application and may enter an Order granting that relief.

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 1 of 25
2

 Respectfully Submitted,

Donna M. Fudala 

By Counsel

By: /s/ Mark C. Leffler

Emily Connor Kennedy (VSB #83889)

Mark C. Leffler (VSB #40712)

Boleman Law Firm, P.C.

2104 W. Laburnum Ave., Suite 201

Richmond, VA 23227

Telephone (804) 358-9900

Counsel for Debtor/Plaintiff

Dale W. Pittman (VSB #15673)

THE LAW OFFICE OF DALE W. PITTMAN, P.C.

The Eliza Spotswood House

112-A West Tabb Street

Petersburg, VA 23803

Telephone (804) 861-6000

Counsel for Plaintiff

Thomas D. Domonoske (VSB #35434)

Consumer Litigation Associates, P.C.

763 J. Clyde Morris Blvd., Suite 1A

Newport News, VA 23601

Telephone (540) 442-7706

Counsel for Plaintiff

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 2 of 25
3

CERTIFICATE OF SERVICE

I certify that on April 7, 2017, I have transmitted a true copy of the foregoing document 

by CM/ECF or via e-mail to the following parties:

Corey S. Booker, Esquire

LECLAIRRYAN, A PROFESSIONAL CORPORATION

SunTrust Center – 24th Floor

919 East Main Street (23219)

Post Office Box 2499

Richmond, Virginia 23218-2499

Counsel for Defendant

Suzanne E. Wade, Trustee

P.O. Box 1780

Richmond, Virginia 23219

I certify that on April 7, 2017, I have transmitted a true copy of the foregoing document 

by U.S. first class mail to all necessary parties at the addresses identified on the attached mailing 

matrix and to the Debtor at:

Donna M. Fudala

3102 Taylor Avenue

West Point, VA 23181

By: /s/ Mark C. Leffler

 Counsel for Debtor/Plaintiff

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 3 of 25
IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

Emily Connor Kennedy (VSB #83889) Dale W. Pittman (VSB #15673) Thomas D. Domonoske (VSB #35434)

Mark C. Leffler (VSB #40712) THE LAW OFFICE OF DALE W. PITTMAN,P.C. Consumer Litigation Associates

Boleman Law Firm, P.C. The Eliza Spotswood House 763 J. Clyde Morris Blvd, Suite 1A

2104 W. Laburnum Ave., Suite 201 112-A West Tabb Street Newport News, VA 23601

Richmond, VA 23227 Petersburg, VA 23803 Telephone: (540) 442-7706

Telephone (804) 358-9900 Telephone (804) 861-6000 Counsel for Plaintiff

Counsel for Debtor/Plaintiff Counsel for Plaintiff

In re: Donna Marie Fudala Case No. 16-32620-KRH

AKA Donna F. Marquardt Chapter 13

Debtor

APPLICATION BY COUNSEL FOR DEBTOR FOR 

AWARD OF ATTORNEY FEES

COMES NOW Donna Marie Fudala (the “Debtor”), by counsel, and seeks an award of 

compensation of attorney fees pursuant to 11 U.S.C. § 362(k).

On October 7, 2016, Donna M. Fudala, (the “Debtor” in the Chapter 13 case and the 

“Plaintiff” in Adversary Proceeding No. 16-03303-KRH) filed a Complaint to Determine 

Violation of the Automatic Stay, initiating an adversary proceeding styled as Fudala v. NC 

Financial Solutions of Utah, LLC, d/b/a NetCredit, Adv. Pro. No.16-03303-KRH (“the 

Adversary Proceeding”). In the Adversary Proceeding, the Plaintiff’s attorneys sought payment 

of attorney’s fees pursuant to 11 U.S.C. § 362(k).

On December 1, 2016, the Court entered a Pretrial Order requiring that, if a settlement 

was reached, the parties would file a Motion to Approve Settlement pursuant to Rule 9019 of the 

Federal Rules of Bankruptcy Procedure. On March 9, 2017, NC Financial Solutions of Utah, 

LLC, d/b/a NetCredit (“NetCredit”), filed a Motion to Approve Settlement, which this Court

granted on March 1, 2017 (the “9019 Motion”). 

Pursuant to their request in the Adversary Proceeding for an award of fees under11 

U.S.C. §362(k), Debtor, by counsel, submits this application for reasonable attorneys’ fees.

Counsel for the Debtor proposes to disburse the proceeds of the settlement to pay the fees 

requested in this application, with the remaining proceeds to be paid to the Debtor.

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 4 of 25
2

1. At all times during the Adversary Proceeding, and throughout the settlement 

process, Plaintiff was represented by counsel competent in the prosecution of the matters at 

issue.

2. As part of the settlement described in the 9019 Motion, the parties entered into a 

full and final release of all claims, the scope of which extended beyond the claim of willful 

violation of the automatic stay as alleged in the Complaint. In connection with evaluating the 

claims beyond the stay violations—to include claims under the Fair Debt Collection Practices 

Act, 15 U.S.C. § 1692 et. Seq., the Virginia Consumer Finance Act, Va. Code § 6.2-1501 et seq., 

Virginia usury law, Va. Code § 6.2-305(A), among others—or, in the alternative, to litigate the 

matters presented, the Plaintiff retained experienced consumer litigation attorneys Thomas D. 

Domonoske, Esquire, and Dale W. Pittman, Esquire, to co-counsel the case.

3. Counsel for the Plaintiff worked together, and with the Plaintiff, to evaluate the 

various potential claims the Plaintiff had against NetCredit. Counsel for the Plaintiff considered

not only the actions implicating the automatic stay, but also factors such as the total amount of 

payments the Plaintiff had made on the loan from NetCredit (including interest), the applicable 

statutory damages, and the accrued attorney fees.

4. The Plaintiff has approved the terms of the proposed settlement agreement, 

including the net proceeds after payment of attorney fees.

5. If approved by the Court, the $20,000.00 in settlement proceeds would be 

disbursed as follows:

To Donna M. Fudala: $ 5,208.32

To Counsel for Plaintiff: $14,791.68

6. The total attorney fees attributable to this case are set forth below:

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 5 of 25
3

Boleman Law Firm, P.C. $13,526.68

Tom Domonoske, Esq. $ 1,265.00

Dale W. Pittman, Esq. $ 0.00

7. The work performed by members of the Boleman Law Firm in connection with 

this case is shown on “Exhibit A” and “Exhibit B” attached to this application. Emily Connor 

Kennedy, Esquire, Mark C. Leffler, Esquire, and Ms. Gina Cross, paralegal, performed services 

in this case and recorded their time contemporaneously with their performance of the work. The 

time records in Exhibit A reflect the value of the services rendered that exclusively benefited this 

Plaintiff. The time records do not duplicate work performed in any other file. From November 

20, 2016, through December 14, 2016, services were performed that benefited several similarlysituated Plaintiffs evenly, including the Debtor in In re Munoz, Case No. 16-32061-KLP (Motion 

for Damages for Violation of Stay) and Plaintiffs in the following five (5) adversary proceedings 

that were pending before this Court at the same time: Charity v. NC Financial Solutions of Utah, 

LLC, d/b/a NetCredit, Adv. Pro. No.16-03121-KLP, Edmonds v. NC Financial Solutions of 

Utah, LLC, d/b/a NetCredit, Adv. Pro. No.16-03122-KLP, Smith v. NC Financial Solutions of

Utah, LLC, d/b/a NetCredit, Adv. Pro. No.16-03144-KLP, Lane v. NC Financial Solutions of 

Utah, LLC, d/b/a NetCredit, Adv. Pro. No.16-03150-KLP, and Johnson v. NC Financial 

Solutions of Utah, LLC, d/b/a NetCredit, Adv. Pro. No.16-03152-KLP. As such, time records for 

such “common time” are presented separately from the time records for this individual Plaintiff’s 

case on Exhibit B, and a separate column has been added to show how each line of recorded time 

should apply to this case. 

8. The work performed by Mr. Domonoske in connection with this case is shown on 

“Exhibit C” attached to this application. Mr. Domonoske recorded his time contemporaneously 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 6 of 25
4

with the performance of his work. His time records do not duplicate work performed in any other 

file.

9. NetCredit chose actions that caused counsel to expend significant time. It filed an

Answer to the Complaint denying willful violations of the automatic stay, and this Answer 

caused Plaintiff’s counsel to prepare as though it would go to trial. Settlement negotiations were 

attempted early but were unsuccessful, leading to Plaintiff’s counsel expending substantial time 

on written discovery. NetCredit insisted on a mutual release of all claims after Plaintiff’s counsel 

had already expended substantial time attempting to settle the stay violation claims. At 

NetCredit’s request, Plaintiff’s counsel expended further time evaluating the settlement value of 

all claims—a settlement value which included damages for the stay violations as well as 

remedies available under various federal and state consumer protection laws—and conferring 

with the Plaintiff to advise her of the value of these claims and obtain the “global” settlement 

authority that NetCredit requested.

10. Even though the Adversary Proceeding only sought remedies for Plaintiff’s claim 

against NetCredit for willfully violating the automatic stay, NetCredit conditioned any settlement 

of the Adversary Proceeding on the mutual release of all claims between the parties. Plaintiff’s 

Counsel initially lacked permission from Plaintiff to negotiate the value of pre-petition causes of 

action. However, Counsel for Plaintiff engaged in good faith settlement discussions, attempting

to settle the matters alleged in the Adversary Proceeding. Attached as “Exhibit D” is an e-mail 

dated November 1, 2016, which shows communications between Counsel. Counsel for Plaintiff 

communicated promptly and responsibly with counsel for NetCredit during settlement 

negotiations, informing her of Plaintiff’s Counsel’s concerns regarding NetCredit’s delays in 

responding to offers. These efforts are evidenced by the attached e-mails, dated November 4, 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 7 of 25
5

2016, (“Exhibit E”) and November 16, 2016 (“Exhibit F”), which show communication between 

counsel. Finally, Plaintiff’s counsel worked conscientiously to avoid incurring unnecessary fees 

by communicating with NetCredit’s counsel to seek stipulations of fact. As shown by the 

attached e-mail dated November 28, 2016 (“Exhibit G”), NetCredit’s counsel promised 

stipulations, but did not provide stipulations. As a result, Plaintiff’s counsel proposed stipulations 

to NetCredit. In response to these proposals, NetCredit told Plaintiff’s counsel only what it 

would not agree to without ever proposing stipulations that it would agree to. For these reasons, 

Plaintiff’s counsel was unable to avoid incurring fees related to preparing Pretrial Disclosures 

and issuing written discovery—even as they continued to pursue what was ultimately a 

settlement of the Adversary Proceeding and the pre-petition causes of action.

11. As shown in this application, the hourly rates and time expended are reasonable 

and supported by the evidence in the record. 

12. Involving several lawyers on Plaintiff’s team of counsel was warranted and 

prudent given the demands of this case. “There is nothing inherently unreasonable about a client 

having multiple attorneys, and they may all be compensated if they are not unreasonably doing 

the same work and are being compensated for the distinct contribution of each lawyer.” Norman 

v. Hous. Auth, 836 F.2d 1292, 1302 (11th Cir. 1988)(approvingly cited in Randle v. H&P 

Capital, Inc., No. 3:09cv608, 2010 U.S. Dist. LEXIS 74994 (E.D. Va. July 21, 2010), adopted in 

part 2010 U.S. Dist. LEXIS 101509 (E.D. Va. Sept. 23, 2010); affirmed in part and appeal 

dismissed in part by Randle v. H&P Capital, Inc., 2013 U.S. App. LEXIS 4506 (4th Cir. Va., 

Mar. 5, 2013)). 

13. Counsel for Plaintiff has incurred additional time and expense in preparing the 

instant Application for Compensation and in connection with the pending Rule 9019 Motion. 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 8 of 25
6

CONCLUSION

The settlement proposed for approval is the reasonable product of litigation that was 

resolved through arms-length negotiation after a thorough and competent evaluation of the value 

of all of Plaintiff’s claims against NetCredit. The settlement amount was understood by all 

parties to include compensation for the Plaintiff’s counsel. Counsel for Plaintiff request that the 

Court approve the attorney fees of $14,791.68, and approve Plaintiff’s counsel to disburse 

settlement proceeds to pay those fees.

 Respectfully Submitted,

Donna M. Fudala 

By Counsel

By: /s/ Mark C. Leffler

Emily Connor Kennedy (VSB #83889)

Mark C. Leffler (VSB #40712)

Boleman Law Firm, P.C.

2104 W. Laburnum Ave., Suite 201

Richmond, VA 23227

Telephone (804) 358-9900

Counsel for Debtor/Plaintiff

Dale W. Pittman (VSB #15673)

THE LAW OFFICE OF DALE W. PITTMAN, P.C.

The Eliza Spotswood House

112-A West Tabb Street

Petersburg, VA 23803

Telephone (804) 861-6000

Counsel for Plaintiff

Thomas D. Domonoske (VSB #35434)

Consumer Litigation Associates, P.C.

763 J. Clyde Morris Blvd., Suite 1A

Newport News, VA 23601

Telephone (540) 442-7706

Counsel for Plaintiff

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 9 of 25
7

CERTIFICATE OF SERVICE

I certify that on April 7, 2017, I have transmitted a true copy of the foregoing document 

by CM/ECF or via e-mail to the following parties:

Corey S. Booker, Esquire

LECLAIRRYAN, A PROFESSIONAL CORPORATION

SunTrust Center – 24th Floor

919 East Main Street (23219)

Post Office Box 2499

Richmond, Virginia 23218-2499

Counsel for Defendant

Suzanne E. Wade, Trustee

P.O. Box 1780

Richmond, Virginia 23219

I certify that on April 7, 2017, I have transmitted a true copy of the foregoing document 

by U.S. first class mail to all necessary parties at the addresses identified on the attached mailing 

matrix and to the Debtor at:

Donna M. Fudala

3102 Taylor Avenue

West Point, VA 23181

By: /s/ Mark C. Leffler

Counsel for Debtor/Plaintiff

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 10 of 25
Label Matrix for local noticing

0422-3

Case 16-32620-KRH

Eastern District of Virginia

Richmond

Fri £pr 7 12:34 :49 EDT 2017

ANTIQ, LLC

C 0 WEINSTEIN £ RILEY, PS

2001 WESTERN AVENUE, STE 400

SEATTLE, WA 98121-3132

SunTrust Mortgage, Inc.

c/o EW Law Group, LLC

8100 Three Chopt Rd., Suite 240

Richmond, VA 23229-4833

Merican InfoSource LP as agent for

Spot Loan

PQ Box 248338

Oklahoma City, OK 73124-8838

United States Bankruptcy Court

701 East Broad Street

Richmond, VA 23219-1888

ftnerican Public University Sys

111 W. Congress Street

Charles Town, W 25414-1621

Ashford University

400 N Bluff Blvd

Clinton, IA 52732-3910

CareOne Credit Counseling

8930 Stanford Blvd

Columbia, MD 21045-5805

Comenity/Onestpls

P.O. Box 182789

Columbus, OH 43218-2789

Commonwealth of Virginia

Department of Taxation

P.O. Box 2156

Richmond, VA 23218-2156

Cox Communications

3080 Centreville Road

Herndon, VA 20171-3715

Credit Control Corporation

Re: Tidewater Physicians Multi

11821 Rock Landing Drive

Newport News, VA 23606-4207

Credit Control Corporation

ReiTidewater Physicians Multi

P0 Box 120568

Newport News, VA 23612-0568

DeVry University

Attn: University Acct Services

PQ Box 5866

Carol Stream, IL 60197-5866

Devry Education Group

814 Commerce Dr., Suite 200

Oak Brook, IL 60523-1965

GECRB/PAYPAL

P.O. Box 965005

Orlando, FL 32896-5005

GECRB/Wal Mart

PQ BON 276

Mail code OH 3-4258

Dayton, OH 45401-0276

GLELSI

P.O. Box 7860

Madison, WI 53707-7860

Ginny's

c/o Creditors Bankruptcy Service

P.O. Box 800849

Dallas, TX 75380-0849

HSBC

Attn: Bankruptcy Department

PQ Box 5253

Carol Stream, IL 60197-5253

Hodges £ Bryant

P0 Box 194

Gloucester, VA 23061-0194

Internal Revenue Service

P.O. Box 7346

Philadelphia, PA 19101-7346

Merchants Credit Assoc

4110 Clemson Blvd Ste A

Anderson, SC 29621-1108

Nationwide Debt Management Sol

3609 Bradshaw Road

Suite H-229

Sacramento, CA 95827-3275

NetCredit

200 West Jackson Blvd.

Suite 2400

Chicago, IL 60606-6941

Office of the US Trustee

701 E, Broad Street

Room 4304

Richmond, VA 23219-1885

(p)PQRTFQLIO RECOVERY ASSOCIATES LLC

PQ BOX 41067

NORFOLK VA 23541-1067

Publishers Clearing House

Attn: Bankruptcy Dept

101 Winners Circle

Port Washington, NY 11050-2218

QuantumB Group LLC as agent for

MQMA Funding LLC

PQ Box 788

Kirkland, WA 98083-0788

Riverside Health Credit Union

500 J. Clyde Morris Blvd,

Newport News, VA 23601-1929

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 11 of 25
Riverside Medical Group

856 J. Clyde Morris Blvd.

Suite A

Nei^port Hews, VA 23601-1318

Seventh Avenue

c/o Creditors Banlruptcy Service

P.O. Bow 800849

Dallas, IX 75380-0849

Spotloan

RE: Banlruptcy

P.O. Bow 927

Palatine, IL 60078-0927

Stoneberry

c/o Creditors Bankruptcy Service

P.O. Bow 800849

Dallas, TX 75380-0849

SunTrust Mortgage

Attn: Bankruptcy Dept.

PO Bow 27767

Richmond, VA 23261-7767

SunTrust Mortgage, Inc.

Bankruptcy Department RW 3034

P0 Bow 27767 Richmond, VA 23261

THD/CBNA

P.O. Bow 6497

Siouw Falls, SD 57117-6497

The Swiss Colony

1112 7th Avenue

Monroe, WI 53566-1364

(c) TIDEWATER PHYSICIANS

MULTISPECIALTY GROUP

860 OMNI BLVD STE 401

NEWPORT NEWS VA 23606-4430

US Department of Education

Direct Loan Servicing Center

P0 Bow 105028

Atlanta, GA 30348-5028

(p)ROBERT P MCINTOSH

U S ATTORNEY S OFFICE

EASTERN DISTRICT OF VIRGINIA

919 E MAIN ST SUITE 1900

RICHMOND VA 23219-4625

United States Department of Education

Clams Filing Unit

P 0 Bow 8973

Madison, WI 53708-8973

Manda Erin DeBerry

Boleman Law Firm, PC

P.O. Bow 11588

Richmond, VA 23230-1588

Christopher John Flynn

Bolsman Law Firm

P0 Bow 11588

Richmond, VA 23230-1588

Donna Marie Fudala

3102 Taylor Avenue

West Point, VA 23181-9523

Laura Taylor Alridge

Boleman Law Firm, P. C.

P.O. Bow 11588

Richmond, VA 23230-1588

Suzanne E, Wade

P.O. Bow 1780

Richmond, VA 23218-1780

The preferred mailing address (p) above has been substituted for the following entity/entities as so specified

by said entity/entities in a Notice of Address filed pursuant to 11 U.S.C. 342(f) and Fed. R, Bank. P. 2002 (g)(4)

Portfolio Recovery Associates, LLC

P0B 41067

Norfolk VA 23541

United States Attorney

Main Street Centre - 18th Floor

600 East Main Street

Richmond, VA 23219

Addresses marked (c) above for the following entity/entities were corrected

as required by the USPS Locatable Address Conversion System (LACS) .

Tidewater Physicians

Multispecialty Group

860 Omni Blvd Suite 304

Newport News, VA 23606-4445

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 12 of 25
The following recipients inay be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address.

(u)NC Financial Solutions of Utah. LLC d/b/a End of Label Matrix

Mailable recipients 46

Bypassed recipients 1

Total 47

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 13 of 25
Case When WHO Time Description of Services Rendered Ho

Fudala v. NetCredit 10/5/2016 ECF 0.9

Teleconference with client regarding Netcredit violating 

the automatic stay. E-mails back and forth regarding obtaining bank statements (.5) Begin drafting complaint against Netcredit. (.4) 

10/6/2016 ECF 1.0

Finish drafting complaint for turnover of funds against NetCredit. 

10/7/2016 MCL 0.4 Review and revise Complaint. 

10/7/2016 ECF 0.5 Final edits and execute Complaint for filing, prep Exhibit. 

10/11/2016 ECF 0.2

Draft and forward e-mail to Corey Booker with copy of Complaint, request she get her client to return funds debited from Ms. Fudala's bank account. 

10/11/2016 ECF 0.1

E-mails with client re recent communications from NetCredit. 

10/17/2016 ECF 0.5

Prepare Summons and Certificate of Service; execute and forward for filing. 

11/2/2016 MCL 0.1

Draft email to Corey Booker advising her of willingness to continue discussing settlement. 

11/3/2016 MCL 0.5

Review and revise proposed Settlement Agreement in 7 cases (3.5 total time); return to Corey Booker with email advising of need to evaluate quickly. 

11/7/2016 MCL 0.1

Receive and review NetCredit's revised Settlement Agreement; compare to Debtors' previous revisions (0.7 total divided by 7 cases). 

11/7/2016 MCL 0.3

Review and revise proposed Settlement Agreement in 7 cases (2.1 total time); return to Corey Booker with email explaining same. 

11/10/2016 ECF 0.2 Discuss status of settlement discussions with client. 

11/11/2016 MCL 0.1 Draft settlement proposal via email 

11/14/2016 MCL 0.2

Prep for conference call with Corey Booker & NetCredit lawyer, conference call with same, and follow-up email. 

11/14/2016 ECF 0.1

Participate in conference call with Corey Booker and NetCredit lawyer re settlement. 

11/14/2016 MCL 0.1

Teleconference with co-counsel to discuss status of settlement and strategy following conference call with NetCredit lawyers. 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc M

 Document Page 14 of 25
11/14/2016 ECF 0.1

Teleconference with co-counsel to discuss status of settlement and strategy following conference call with NetCredit lawyers. 

11/15/2016 MCL 0.3 Receive and review NetCredit's Answer to Complaint. 

11/17/2016 MCL 0.1

Teleconference with Corey Booker re counter-offer; review written proposal. 

11/17/2016 MCL 0.1 Draft email re settlement proposal to co-counsel 

11/18/2016 MCL 0.2

Draft Memorandum to co-counsel re settlement discussions and strategy. 

11/18/2016 MCL 0.1

Teleconference with co-counsel to discuss status of settlement and strategy. 

11/18/2016 MCL 0.1

Draft proposed Statement of Authority for forwarding to clients re authority to settle all claims. 

11/18/2016 GMC 0.2

Obtained account statements for 6 client accounts with NetCredit. Review payments made by each client and compared to princial loan amount. Provided information to Mr. Leffler and Ms. Fort. Called and left a voicemail for Mr. and Mrs. Charity to obtain 

11/18/2016 MCL 0.1

Conference with ECF to discuss value of state and federal court claims. 

11/18/2016 ECF 0.1

Conference with MCL to discuss value of state and federal court claims. 

11/18/2016 ECF 0.8

Review Donna Fudala’s claims against NetCredit, prepare proposal for client; teleconference with client re settlement; email follow-up to client. 

11/29/2016 MCL 0.2

Communicate with Corey Booker and co-counsel re Pretrial Conference. 

12/7/2016 ECF 0.3

Review and revise Settlement Agreement for 5 individual clients to account for details of each case. 

12/8/2016 ECF 0.4

Draft settlement agreement in Fudala v. NC Financial Solutions of Utah. 

12/8/2016 MCL 0.2

Review updated Settlement Agreements to adjust paragraphs 3, 6, 7, and 8 re fees inclusive in settlement amount. 

12/14/2016 GMC 0.1

Sent e-mail to Ms. Fudala re emotional injury damages evaluation. 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc M

 Document Page 15 of 25
12/14/2016 GMC 1.0

Prepare documents to be attached to Pretrial Disclosures. 

12/14/2016 MCL 0.8

Prepare, review and revise, execute & serve Pretrial Disclosures. 

1/12/2017 ECK 9.0

Prepare for Fudala trial by attending trials of Charity, Lane, and Edmonds v. NetCredit. 

1/13/2017 MCL 0.7

Discussion with Tom how discovery should be drafted and what should be included in light of the record at trial. 

1/15/2017 MCL 3.2

Complete first draft of Interrogatories, Requests for Production of Documents, and Requests for Admissions to NetCredit. 

1/16/2017 MCL 1.0

Review Tom's edits to discovery (0.3); prepare final draft w/Certificate of Service (0.7), and serve to Corey. 

1/30/2017 MCL 0.7 Review Objections to discovery. 

1/31/2017 MCL 0.2

Tc with Corey to discuss settlement offer. Email cocounsel re same. 

2/1/2017 MCL 0.3

Tc with co-counsel re settlement offer, info needed from client in order to respond. 

2/5/2017 MCL 0.4

Emails with co-counsel re settlement offer, evaluate how much is available for client after payment of fees. 

2/6/2017 ECK 0.8

Phone call with Ms. Fudala regarding factors that would impact changes of success at trial, as well as NetCredit's settlement offer. (0.6) Phone call with Mark Leffler to update on Fudala v. NetCredit. Drafted e-mail to TD to update as well. (0.2) 

2/6/2017 MCL 0.4

Emails with ECK re settlement authority (0.2); tc w/ECK re her conversation with client re settlement (0.2). 

2/7/2017 ECK 0.1 Email to Corey Booker accepting settlement. 

2/27/2017 ECK 0.5

Review proposed Settlement Agreement, evaluate to confirm it is same text as previously agreed. 

2/27/2017 GMC 0.1

Tc with client to schedule appointment to review and execute Settlement Agreement. 

2/28/2017 ECK 0.3

Edit proposed Settlement Agreement so pronouns matched, etc. 

3/10/2017 MCL 0.2 Receive and review Motion to Approve Settlement. 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc M

 Document Page 16 of 25
3/22/2017 MCL 1.2 Beginning drafting fee application pleading. 

3/23/2017 MCL 1.7

Work on fee application pleading, begin evaluating time records to ensure proper billing of common time to this case. 

4/5/2017 MCL 1.2

Complete first draft of fee application, including evaluation of total fees and remainder of proceeds for client. 

4/11/2017 MCL 0.3

Estimate for preparation for hearing on Motion to 

Approve Settlement. 

4/12/2017 MCL 0.5

Estimate for attending hearing on Motion to Approve Settlement. 

4/12/2017 MCL 0.1 Estimate for reviewing Order Approving Settlement. 

Total 33.3 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc M

 Document Page 17 of 25
Case When WHO Time Description of Services Rendered Hourly Rate 

All 11/20/2016 MCL 1.4

Review and revise Settlement Agreement to include mutual release of all claims. $425.00 

11/20/2016 MCL 0.8

Draft proposed Stipulations, forward to co-counsel for review and comment. $425.00 

11/22/2016 MCL 0.4

Draft and forward email to Corey re proposed Stipulations of Fact (edited prior version) $425.00 

11/22/2016 MCL 0.3 Final review and edit of proposed Settlement Agreement $425.00 11/22/2016 MCL 0.4 Final review of settlement demands. $425.00 11/22/2016 MCL 0.6

Draft email to Corey Booker w/Settlement Agreement and settlement demands in each case. $425.00 

11/28/2016 MCL 0.6 Email communication w/co-counsel $425.00 11/28/2016 MCL 0.6

Receive email from Corey Booker re Stipulations; draft and forward response. $425.00 

11/28/2016 MCL 0.2 Receive and review email re settlement. $425.00 11/29/2016 ECF 1.0

Teleconference with co-counsel re stategy for litigating and settlement. $325.00 

11/29/2016 MCL 1.0

Teleconference with co-counsel re stategy for litigating and settlement. $425.00 

11/30/2016 ECF 1.4 Draft Notice of Appearance for Tom Domonoske. $325.00 11/30/2016 GMC 0.7

Assist with preparation and filing of Notices of Appearance. $125.00 

11/30/2016 MCL 1.5

Teleconference with co-counsel re stategy for litigating and settlement; numerous emails re same. $425.00 

12/1/2016 MCL 0.5

Receive email from Corey Booker re Stipulations; further emails with co-counsel. $425.00 

12/6/2016 ECF 0.7

Teleconference with co-counsel and Leclair Ryan lawyers re settlement; follow up with co-counsel. $325.00 

12/6/2016 MCL 0.3 Email communications with co-counsel. $425.00 12/6/2016 MCL 0.5

Email and teleconference with Corey Booker re settlement issues. $425.00 

12/6/2016 MCL 0.7

Teleconference with co-counsel and Leclair Ryan lawyers re settlement; follow up with co-counsel. $425.00 

12/7/2016 ECF 0.2 Teleconference with co-counsel re settlement demand. $325.00 12/7/2016 ECF 0.3

Teleconference with MCL to discuss changes needed to Settlement Agreements and to determine which cases each would focus on. $325.00 

12/7/2016 MCL 0.5 Evaluate all-in settlement demand amounts. $425.00 12/7/2016 MCL 0.2 Teleconference with co-counsel re settlement demand. $425.00 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc M

 Document Page 18 of 25
12/7/2016 MCL 0.3

Teleconference with ECF to discuss changes needed to Settlement Agreements and to determine which cases each would focus on. $425.00 

12/7/2016 MCL 0.3

Prepare chart for all clients showing damages and attorney fees for settlement purposes. $425.00 

12/8/2016 ECF 0.2

Discuss with co-counsel settlement offer to be sent to counsel for NetCredit. $325.00 

12/8/2016 MCL 0.2

Discuss with co-counsel settlement offer to be sent to counsel for NetCredit. $425.00 

12/8/2016 MCL 0.5 Prepare and forward settlement offers to Corey Booker. $425.00 

12/13/2016 MCL 1.0

Review all cases, send summarizing email to co-counsel re upcoming events and deadlines. $425.00 

12/14/2016 MCL 0.5

Tc w/Corey Booker re settlement; email co-counsel re same. $425.00 

Total 17.8 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc M

 Document Page 19 of 25
1/13/17 0.7 tc Fudala discovery and what we ask for and why we need it 

1/16/17 0.5 rev mark's draft of Fudala discovery and review facts and make changes 

to several and send back (.5) 

1/27/17 0.2 review discovery from Corey and see asking for some absurd stuff in 

addition to normal stuff and consider how to respond 

2/2/17 0.3 discuss facts and what is best closing argument and what need to check 

with client (.3) 

2/5/17 0.2 review settlement offer and review past discussions and compute time 

and email ML 

2/6/17 0.2 review email about total time and client's wishes and respond re 

discovery (.1); emails re what to send corey re fees and stips process and 

emily's conv with client (.1) 

3/8/17 0.1 review and file attorney fee disclosure 

3/9/17 0.1 review several emails re settlement and hearing and court filings 

Total 2.3 x $550.00 = $1,265.00 

Exhibit C

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 20 of 25
From: Mark Leffler 

Sent: Tuesday, November 01, 2016 10:27 PM 

To: 'Booker, Corey S.' 

Cc: Emily Fort; Gina Cross 

Subject: Multiple debtors v. NetCredit 

Dear Corey: 

I am writing on behalf of my multiple clients - Lane, Smith, Johnson, Charity, Edmonds, 

and Munoz – with respect to the matters pending against your client, NetCredit. It is our 

belief that we should resume our previous attempts to settle the matters alleged in the 

Complaints (and, in Munoz’s case, the Motion), i.e., that your client’s willful violations of 

the automatic stay damaged my clients. 

We had hoped to achieve settlement prior to the Pretrial Disclosure phase of these 

cases in order to minimize attorney fees. For this reason, we agreed to request that the 

Court extend the deadlines for filing Pretrial Disclosures until Oct. 18 and 19. You and I 

spoke on October 3, and I made settlement offers to you in each of the cases. I also 

gave a Tuesday Oct. 11 deadline for acceptance because I wanted to have sufficient 

time to prepare the Pretrial Disclosures if settlement could not be achieved. Because of 

the Oct. 10 Veteran’s Day holiday and because some progress seemed likely, I 

extended the deadline for your client to accept to Oct. 12. I even extended it another 

day to Oct. 13 because your client was celebrating Yom Kippur. However, your client 

unreasonably chose to condition any settlement of the stay violations on the resolution 

of the pre-petition causes of action my clients listed in their Schedules, despite my very 

clear Oct. 7 e-mail that advised you that I had not been retained to pursue the prepetition causes of action and, therefore, had no authority to settle them. Because of 

your client’s actions in response to our offers of settlement, we withdrew the offers in 

order to focus on the requirements of the Court’s Pretrial Orders. 

Unless you are willing to stipulate that your client took intentional actions to collect prepetition debts after receiving notice of the respective bankruptcies, we only have a few 

days remaining before I need to serve written discovery on your client. We should do so 

as soon as possible in order to avoid increasing attorney fees, which will begin 

occurring soon as I prepare written discovery, including admissions that will likely be 

sufficient to seek summary judgment on whether your client willfully violated the 

automatic stay. The deadline to file a Motion for Summary Judgment is Dec. 13, 2016, 

so I need to get discovery out soon. Therefore, I believe we have this week to discuss 

settlement before fees begin increasing significantly as a result of discovery. 

What does your schedule allow this week? I can be available just about any time 

through Friday. 

Since the only likely issue at trial will be the extent of damages, I would strong 

encourage you that these matters should be settled before a lot more attorney fees 

accrue pursuing discovery and summary judgment. However, just as have said 

throughout, I want to emphasize that the only thing we are offering to settle is the 

Exhibit D

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 21 of 25
automatic stay violations. Please let me know if you are interested in getting together by 

phone this week. 

Thank you, 

Mark C. Leffler 

Attorney and Counselor at Law 

Boleman Law Firm, P.C. 

2104 W. Laburnum Ave. 

Suite 201 

Richmond, VA 23227 

Voice: 804-358-9900 

Facsimile: 804-358-8704 

Email: mcleffler@bolemanlaw.com 

Web: www.bolemanlaw.com 

Offices in Richmond, Hampton, and Virginia Beach, Virginia 

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 22 of 25
Exhibit E

From: Mark Leffler

Sent: Friday, November 04, 2016 8:30 AM

To: 'Booker, Corey S.'

Cc: Emily Fort; Gina Cross

Subject: RE: NetCredit Settlement Offers [IWOV-Leclair5.FID1370879]

Corey:

Thanks for your efforts to get a prompt response. There isn't much time to discuss

settlement before time and efforts related to discovery will greatly increase attorney fees

on our side. Your client's apparent insistence on a mutual release of all claims is taking

up time that would be better spent discussing settlement of the stay violation issues. I

will, of course, discuss settlement with you at any time, but I will begin working on

discovery soon, which will increase the attorney fees—and, thus, also the settlement

demand.

Please let me know as soon as you hear back from your client on the revisions to the

Settlement Agreement and Release. You are welcome to call my cell phone at

if you should have any questions.

Thanks,

Mark

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 23 of 25
Exhibit F

From: Mark Leffler

Sent: Wednesday, November 16, 2016 8:02 AM

To: 'Booker, Corey S.'

Cc: Emily Fort; Gina Cross

Subject: RE: NetCredit Stay Violation actions

Corey,

I sent you our settlement offer on Friday after having discussed the issues for weeks,

and after having bounced the proposed Settlement Agreement back and forth between

us for well over a week. The terms and issues are well understood. I know you were

patient while I obtained settlement authority from my seven (7) different clients, and I

am trying to be patient, as well. Flowever, time is once again running out, and very soon

I will need to commit significant time and resources to preparing written discovery,

which will greatly increase the fees (and, as a result, the settlement demand).

Accordingly, unless your client approves the settlement offer I made on Friday

November 1 1 by close of business Thursday November 17, it shall be withdrawn

automatically.

Please call me at if you have any questions.

Thanks,

Mark

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 24 of 25
From: Mark Leffler 

Sent: Monday, November 28, 2016 5:09 PM 

To: 'Booker, Corey S.' 

Cc: Emily Fort; Gina Cross 

Subject: RE: Proposed Stipulations of Fact 

Corey: 

Thank you for the email. I’ve spent most of today preparing written discovery, which I 

had hoped to avoid in order to keep a lid on the attorney fees. Please recall that you told 

me on November 17, 2016, that you would send me proposed Stipulations. To date, I 

still have not received any proposed Stipulations from you. Instead, your client has 

delayed in responding to the Stipulations I sent you last week, forcing me to devote 

substantial time to written discovery. Nevertheless, I still hope we can reach an 

agreement on stipulated facts. 

I understand that the facts vary in each case, which means we will need to adjust the 

proposed Stipulations below. As I said in my email, which is below, I was using the 

Jeffrey Smith case as an example. In fact, #1 and #2 don’t apply as written to the other 

6 cases, either. Further, the proposed Stipulations did not ask for agreement as to 

whether “every” communication/email was to collect a debt but, rather, whether “one or 

more” communication/email was to collect a debt. 

Will your client, in the Jeffrey Smith case, agree to the Stipulations as written? If so, it 

would seem pretty easy to follow the same template in the other 6 cases, making 

adjustments for everything from the name of the debtor to the types of actions your 

client took after receiving the bankruptcy notice, whether email notices, phone calls, or 

bank debits. 

Please advise. 

Thanks, 

Mark C. Leffler 

Attorney and Counselor at Law 

Boleman Law Firm, P.C. 

2104 W. Laburnum Ave. 

Suite 201 

Richmond, VA 23227 

Voice: 804-358-9900 

Facsimile: 804-358-8704 

Email: mcleffler@bolemanlaw.com 

Web: www.bolemanlaw.com 

Offices in Richmond, Hampton, and Virginia Beach, Virginia 

Exhibit G

Case 16-32620-KRH Doc 38 Filed 04/07/17 Entered 04/07/17 13:52:47 Desc Main

 Document Page 25 of 25