UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re:

JUDY FISHMAN, a/k/a JUDI FISHMAN

Debtor.

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Case No. 16-26708

Chapter 7

Honorable Carol A. Doyle 

Hearing Date: November 28, 2018

Hearing Time: 9:30 a.m.

Courtroom: 742

COVER SHEET FOR FIRST AND FINAL APPLICATION FOR ALLOWANCE AND 

PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF 

FIGLIULO & SILVERMAN, P.C. AS SPECIAL COUNSEL

(Local Rule 5082-1(A))

Name of Applicant: Figliulo & Silverman, P.C.

Authorized to Provide Professional 

Services to:

Andrew J. Maxwell, not individually but as 

Chapter 7 Trustee for the Estate of Judy Fishman

Date of Order Authorizing Employment: May 24, 2017 [Dkt. No. 102]

Period of Which Compensation is 

Sought:

May 17, 2017 through October 15, 2018 

(allowance and payment)

Amount of Fees Sought: $23,255.00

Amount of Expenses Sought: $ 0.00

This is a(n): Interim Application: Final Application: X

If this is not the first application filed herein by this professional, disclose as to all prior fee 

applications:

Date Filed

Period 

Covered

Total Requested

(Fees & Expenses)

Total Allowed

(Fees & Expenses)

Fees & Expenses

Previously Paid

None

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Dated: November 2, 2018

Michael K. Desmond (IL #6208809)

FIGLIULO & SILVERMAN, P.C.

Ten South LaSalle Street, Suite 3600

Chicago, IL 60603

(312) 251-4600

Respectfully submitted,

FIGLIULO & SILVERMAN, P.C.

By: /s/ Michael K. Desmond

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UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re:

JUDY FISHMAN, a/k/a JUDI FISHMAN

Debtor.

)

)

)

)

)

)

)

)

)

Case No. 16-26708

Chapter 7

Honorable Carol A. Doyle 

Hearing Date: November 28, 2018

Hearing Time: 9:30 a.m.

Courtroom: 742

FIRST AND FINAL APPLICATION FOR ALLOWANCE AND PAYMENT OF 

COMPENSATION AND REIMBURSEMENT OF EXPENSES OF

FIGLIULO & SILVERMAN, P.C., AS SPECIAL COUNSEL

Michael K. Desmond and the law firm of Figliulo & Silverman, P.C., collectively (“F&S”), 

counsel to Andrew J. Maxwell, not individually but as Chapter 7 Trustee (the “Trustee”) for the 

bankruptcy estate ( the “Estate”) of Judy Fishman, a/k/a Judi Fishman (the “Debtor”), pursuant to 

Sections 330 and 331 of Title 11 of the United States Code (the “Bankruptcy Code”), Rule 2016(a) 

of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Local Rule 5082-1

of the Bankruptcy Court for the Northern District of Illinois (the “Local Rules”) requests the entry 

of an order allowing and paying its first and final application for an award of compensation and 

reimbursement of expenses in the above-captioned case (the “Application”).

In its Application, F&S requests allowance and payment of final compensation of 

$23,255.00 for 71.7 hours of legal services rendered to the Trustee during the period May 17, 2017

through October 15, 2018 (the “Application Period”). In support of its Application, F&S states as 

follows:

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JURISDICTION AND VENUE

1. This Court has jurisdiction to consider this Application pursuant to 28 U.S.C. §§ 

157 and 1334. Venue is proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409.

2. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B), and (M).

3. The statutory predicates for the relief requested herein are Sections 330 and 331 of 

the Bankruptcy Code, Bankruptcy Rule 2016(a), and Local Rule 5082-1.

BACKGROUND

4. On August 19, 2016 (the “Petition Date”), the Debtor filed a voluntary petition for 

relief under Chapter 7 of Title 11 of the United States Code, 11 U.S.C. §101 et seq. (the 

“Bankruptcy Code”), in the United States Bankruptcy Court for the Northern District of Illinois, 

Eastern Division (the “Bankruptcy Court”), thereby commencing the above-entitled case and 

creating the Estate.

5. On the Petition Date, Andrew J. Maxwell was appointed Chapter 7 Trustee of the 

Estate.

6. In connection with the Petition, the Debtor filed schedules and statements of 

financial affairs. 

7. As of the Petition Date, the Debtor owned a residential condominium property 

commonly known as 6150 Midnight Pass Road, Unit Villa 40 A & B (the “Florida Real Estate”). 

The Debtor’s Schedule states that title to the Real Property is held by the “Judi Fishman Living 

Trust dated 07/12/1993”. The Debtor used the Florida Real Estate as a rental property.

8. As of the Petition Date, Bank of America held a first mortgage against the Florida 

Real Estate in the amount of $171,250.00. 

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9. As of the Petition Date, the Florida Property was also encumbered by a mortgage 

granted in favor of the Nudelman Trust (the “Nudelman Mortgage”). The Nudelman Mortgage 

was executed by the Debtor on behalf of the Fishman Trust. 

10. According to the Debtor, The Nudelman Trust was the purported lender on a 

Promissory Note (the “Note”) memorializing an “Interest Only Revolving Line of Credit” in the 

amount of $350,000.00 dated on or about April 1, 2016 and also executed by the Debtor on behalf 

of the Fishman Trust. 

11. On November 29, 2016, the Nudelman Trust filed a secured proof of claim in the 

Bankruptcy Case based upon the Note and the Nudelman Mortgage in the amount of $215,000.00, 

including interest. [Claim No. 4-1]. The Nudelman Trust claimed that the amount due under the 

Note and Nudelman Mortgage is approximately $296,115.00, which purportedly includes interest, 

penalties, and attorney’s fees.

12. The Trustee disputed the validity of the Nudelman Mortgage and the proofs of 

claim filed by the Nudelman Trust.

13. On May 17, 2017, the Trustee filed a motion with this Court seeking to retain F&S 

as special counsel to investigate the Nudelman Mortgage, file an adversary complaint seeking to 

determine the validity extent and priority of the Nudelman Mortgage, avoid the Nudelman 

Mortgage as a fraudulent transfer and object to the validity of the proofs of claim filed by the 

Nudelman Trust (the “Adversary Claims”). 

14. On May 24, 2017, the Court entered the Order granting Trustee’s Application for 

Authority to Employ F&S as special counsel [Dkt. 102] on the terms and conditions set forth in 

the motion. A true and correct copy of the Court’s May 24, 2017 order is attached hereto as 

Exhibit A.

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15. As set forth in the application, F&S is entitled to receive compensation on an hourly 

basis and is entitled to reimbursement of all expenses incurred in connection with its representation 

of the Trustee, including, but not limited to such expenses as filing fees, expert witness fees, 

deposition costs, transcripts, travel costs, copying costs, and courier charges. F&S’s fees and 

expenses are to be reimbursed by the Debtor’s bankruptcy estate out of the general funds of the 

Estate subject to approval of this Court.

LEGAL SERVICES PERFORMED BY F&S

16. Legal services performed by F&S consisted primarily of meetings with Trustee, 

reviewing documents, investigating the loan transaction and flow of funds, legal research, drafting 

of adversary complaint, negotiations with counsel for the Debtor and the Nudelman Trust, drafting 

of Settlement Agreement and Motion to Approve Settlement. By this Application, F&S seeks 

allowance and payment of final compensation of $23,255.00 for 71.7 hours of legal services 

rendered to the Trustee during the Application Period.

17. In light of the number of hours spent by F&S rendering legal services to the Trustee 

in this case and the resolution achieved on behalf of the Estate, F&S submits that the amount

sought for payment in this Application is fair and reasonable.

18. Pursuant to Local Rule 5082-1(C), F&S has attached hereto as Exhibit B its 

detailed time records setting forth the date the work was performed, the attorney performing the 

work, a brief statement of the nature of the work, and the time expended and fee charged for the 

work described in the entry.

19. Accordingly, pursuant to Local Rule 5082-1(B)(2), F&S seeks the allowance and 

payment of compensation of $23,255.00 for the legal services rendered to the Trustee during the 

Application Period.

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NARRATIVE SUMMARY

(LOCAL RULE 5082-1(B))

20. Local Rule 5082-1(B)(1)(a) – During the Application Period, F&S performed a 

variety of services on the Trustee’s behalf, which have been categorized into principal activities. 

A summary list of these principal activities and the total compensation requested in connection 

with each is as follows:

Task Hours Fees

Legal Research 4.6 $1,460.00

Objection to Sale of Condominium 1.0 $ 350.00

Confidentiality Agreement 2.8 $ 965.00

Document Review and Analysis .6 $ 195.00

Preparation of Adversary Complaint 34.3 $10,535.00

Settlement Negotiations 7.6 $2,660.00

Draft Settlement and Motion to Approve 16.5 $5,585.00

Preparation of Fee Application 4.3 $1,505.00

Total 71.7 $23,255.00

21. Local Rule 5082-1(B)(1)(b) – Narrative summaries of F&S’s principal activities 

follow, including details as to individual tasks performed within each activity: 

(a) Legal Research - The services under this task primarily consisted of researching the 

validity of liens under Florida law and the ability of Trustee to avoid mortgage lien. 

In connection with these services, F&S expended 4.6 hours and incurred $1,460.00

in fees during the Application Period.

(b) Objection to Sale of Condominium - The services under this task primarily 

consisted of assisting Trustee with form of sale order, objection by Nudelman Trust 

and Court appearance for Sale hearing. In connection with these services, F&S 

expended 1.0 hours and incurred $350.00 in fees during the Application Period.

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(c) Confidentiality Agreement & Protective Order - The services under this task 

primarily consisted of negotiating and drafting terms of Confidentiality Agreement 

governing the production of documents. In connection with these services, F&S 

expended 2.8 hours and incurred $965.00 in fees during the Application Period.

(d) Document Review and Analysis - The services under this task primarily consisted 

of reviewing documents and analysis prepared by accountant detaining the flow of 

funds between accounts. In connection with these services, F&S expended .6 hours 

and incurred $195.00 in fees during the Application Period.

(e) Preparation of Adversary Complaint - The services under this task primarily 

consisted of drafting adversary complaint and preparing exhibits for filing. In 

connection with these services, F&S expended 34.3 hours and incurred $10,535.00

in fees during the Application Period.

(f) Settlement Negotiations - The services under this task primarily consisted of

meetings and negotiations with counsel for the Nudelman Trust and the Debtor and 

preparing and exchanging draft term sheets. In connection with these services, F&S 

expended 7.6 hours and incurred $2,660.00 in fees during the Application Period.

(g) Draft Settlement and Motion to Approve - The services under this task consisted of 

reviewing and negotiating a settlement agreement, drafting a motion to approve 

settlement and appearing in court for hearing on the motion to approve settlement. 

In connection with these services, F&S expended 16.5 hours and incurred 

$5,585.00 in fees during the Application Period.

(h) Application for Compensation – The services under this task consisted of 

preparation of this First and Final Fee Application in this case. In connection with 

these services, F&S expended 4.3 hours and incurred $1,505.00 in fees during the 

Application Period.

22. Local Rule 5082-1(B)(1)(c) – By this Application, F&S seeks compensation of 

$1,505.00 for 4.3 hours of legal services in connection with the preparation of this Application. 

23. Local Rule 5082-1(B)(1)(d) – A chart listing the name and position of each person 

with F&S who performed work on each task and activity, the approximate hours worked, and the 

total compensation sought for each person’s work is attached as Exhibit C. 

24. Local Rule 5082-1(B)(1)(e) – The chart attached as Exhibit D also sets forth the 

hourly rate for each professional and paraprofessional for whom compensation is requested, with 

the total number of hours expended by each person and the total compensation sought for each. 

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25. Local Rule 5082-1(B)(1)(f) – This is the first and final Application filed by F&S 

for compensation and reimbursement of expenses. 

26. Local Rule 5082-1(B)(1)(g) – F&S seeks the reimbursement of actual and

necessary out-of-pocket expenses totaling $0.00. 

27. All of the expenses for which F&S seeks reimbursement were actually incurred by 

F&S, were necessary for the proper representation of the Trustee in this case, and were specifically 

allocated to the Trustee’s case. None of the expenses represents general overhead or other 

expenses unrelated to this case.

28. Local Rule 5082-1(B)(2) – F&S seeks the allowance and payment of compensation 

of $23,255.00 for 71.7 hours of legal services rendered to the Trustee and reimbursement of 

expenses of $0.00 incurred in connection with those services during the Application Period.

DETAILED STATEMENT OF SERVICES

(LOCAL RULE 5082-1(C))

29. The Bankruptcy Rules require “[a]n entity seeking interim or final compensation 

for services, or reimbursement of necessary expenses, from the estate [to] file an application setting 

forth a detailed statement of (1) the services rendered, time expended and expenses incurred, and 

(2) the amounts requested.” Fed. R. Bankr. P. 2016(a). The Local Rules permit “[t]he applicant’s 

detailed time records [to] constitute the detailed statement required by Fed. R. Bankr. P. 2016(a).

Such statement must be divided by task and activity to match those set forth in the narrative 

description. Each time entry must state: (1) the date the work was performed, (2) the name of the 

person performing the work, (3) a brief statement of the nature of the work, (4) the time expended 

on the work in increments of tenth of an hour, and (5) the fee charged for the work described in 

the entry.” Local R. 5082-1(C).

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30. The time detail attached as Exhibit B comply with the requirements of Bankruptcy 

Rule 2016(a) and Local Rule 5082-1(C), because all time is divided by tasks and activities that 

match the narrative descriptions in this Application, and all time entries state the date of the work, 

name of person performing the work, a brief description of the nature of the work, the time 

expended on the work in increments of tenth of an hour, and the fee charged for the work described. 

BASIS FOR RELIEF

31. Pursuant to Sections 330 and 331 of the Bankruptcy Code and the generally 

applicable criteria with respect to time, nature, extent, and value of services performed, all of

F&S’s services are compensable and the compensation requested is fair and reasonable. All of the 

legal services performed by F&S during the Application Period were required for the proper 

representation of the Trustee in this bankruptcy case.

32. The compensation sought by F&S in this Application is for ordinary and necessary 

services rendered to the Trustee, and the fees sought are reasonable.

33. In light of the number of hours spent by F&S rendering legal services to the Trustee 

in this case and the amount recovered on behalf of the estate, F&S submits that the amount sought 

for payment in this Application is fair and reasonable.

34. F&S prepared this Application in accordance with the guidelines established by 

Bankruptcy Rule 2016, Local Rule 5082-1, and this Court. In addition to services provided directly 

for the benefit of the Estate, F&S is also entitled to receive compensation for the preparation of 

this Application. Pettibone, 74 B.R. at 304.

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35. Although the Court has discretion in reviewing a fee petition, it should exercise its 

discretion with care and fairness in order to promote the goal of inducing competent and capable 

attorneys to practice in the bankruptcy court. See Pettibone, 74 B.R. at 306. F&S has at all times 

acted specifically in the best interests of the Estate. All services performed by F&S and all 

expenses incurred were reasonable and necessary and for the benefit of the Trustee and the 

bankruptcy Estate.

36. F&S has not entered into an agreement or understanding of any kind, expressed or 

implied, with any entity to share in its compensation received or to be received by F&S for services 

rendered to the Trustee in this case.

NOTICE

33. F&S has provided at least twenty-one days’ notice of this Application to all parties 

registered with CM/ECF in this case, including Debtor, Debtor’s counsel, and the Office of the 

United States Trustee. Additionally, F&S has served this Application along with a Notice of 

Hearing by U.S. mail on all creditors who have filed claims in this case.

WHEREFORE, Figliulo & Silverman, P.C. respectfully requests that this Court enter an 

order:

(a) Granting the relief requested in this Application;

(b) Granting F&S’s request to limit notice as set forth above and finding that the Notice 

of the Hearing on this Application was sufficient;

(c) Allowing F&S final compensation in the amount of $23,255.00 for the legal 

services to the Trustee between May 17, 2017 through October 15, 2018;

(d) Allowing final reimbursement of expenses in the amount of $0.00;

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(e) Authorizing and directing the Trustee to pay to F&S $23,255.00 as compensation 

for the legal services rendered to the Trustee, and reimbursement of expenses in the 

amount of $0.00 between May 17, 2017 through October 15, 2018; and

(f) Granting such other relief as this Court deems necessary or appropriate.

Dated: November 2, 2018 Respectfully submitted,

FIGLIULO & SILVERMAN, P.C.

By: /s/ Michael K. Desmond

 Special Counsel to the Trustee

Michael K. Desmond (IL #6208809)

FIGLIULO & SILVERMAN, P.C.

Ten South LaSalle Street, Suite 3600

Chicago, Illinois 60603

(312) 251-4600

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CERTIFICATE OF SERVICE

The undersigned attorney states that on November 2, 2018 a copy of the attached 

NOTICE of HEARING and FIRST AND FINAL APPLICATION FOR ALLOWANCE 

AND PAYMENT OF COMPENSATION AND REIMBURSEMENT OF EXPENSES OF 

FIGLIULO & SILVERMAN, P.C. AS TRUSTEE’S COUNSEL will be served on all counsel 

listed below in accordance with the General Order on Electronic Case Filing and subject to the 

provisions of Fed. R. Civ. P. 5(b)(3), the Notice of Electronic Filing that is issued through the 

court's Electronic Case Filing System will constitute service under Fed. R. Civ. P. 5(b)(2)(D) and 

Fed. R. Crim. P. 49(b) as to all Filing Users in a case assigned to the court's Electronic Case 

Filing System. And I hereby further certify that a copy of same was served upon all those named 

on the Manual Service List below, including all creditors who filed claims, by depositing a copy 

of same in the U.S. Mail before 5:00 p.m., proper postage prepaid.

/s/ Michael K. Desmond

Mailing Information for Case 16-26708

Electronic Mail Notice List – As of November 2, 2018

The following is the list of parties who are currently on the list to receive email notice/service 

for this case.

• Ernesto D Borges notice@billbusters.com, billbusters@iamthewolf.com;

billbusters@ecf.inforuptcy.com;borgeser80263@notify.bestcase.com

• Michael K Desmond mdesmond@fslegal.com, dorisbay@fslegal.com

• Richard M. Fogel rfogel@foxrothschild.com

• Patrick S Layng USTPRegion11.ES.ECF@usdoj.gov

• Andrew J Maxwell maxwelllawchicago@yahoo.com, amaxwell@iq7technology.com;

trustee@maxwellandpotts.com;marchfirst_trustee@hotmail.com

• Miriam R. Stein mstein@chuhak.com, 

dgeorge@chuhak.com;vjefferson@chuhak.com

• Steven B Towbin stowbin@foxrothschild.com, cknez@foxrothschild.com

• George Michael Vogl notice@billbusters.com, 

lwnotice@gmail.com;billbusters@ecf.inforuptcy.com;billbusters@iamthewolf.com

• Scott T Zale scott.zale@il.cslegal.com

• Daniel A Zazove dzazove@perkinscoie.com, docketchi@perkinscoie.com;danielzazove-4464@ecf.pacerpro.com;jessica-matamoros-0866@ecf.pacerpro.com

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MANUAL SERVICE LIST

Case Number: 16-26708

Bank of America, N.A. 

7105 Corporate Dr.

Plano, TX 75024-4100

JPMORGAN CHASE BANK, NA 

C/O Codilis & Associates, P.C.

15W030 N. Frontage Rd. Ste 100

Burr Ridge, IL 60527-6921

Miriam R. Stein, as Chapter 7 Trustee 

30 S. Wacker Drive, Ste 2600

Chicago, IL 60606-7512

Bank of America 

Special Loan Servicing 

Tampa, FL 33623-7123

Blue Stallion Inc. 

23915 Ventura Blvd.

Calabasas, CA 91302-1445

Claimant #7

California Franchise Tax Board 

Bankruptcy Section MS A340

PO Box 2952

Sacramento, CA 95812-2952

Carl & Unalyn McCormick

20212 Mohawk Trail

Olympia Fields, IL 60461

Claimant #5

Claus Dieckell 

c/o Milan Properties, LLC

888 S. Disneyland Dr., Ste 101

Anaheim, CA 92802-1845

Donald Kooperman 2002 Rev Trust 

12 Ridge Road

Highland Park, IL 60035-4337

Harold & Jane Smith 

16809 Luella

South Holland, IL 60473-2622

Claimant #6

Illinois Department of Revenue 

Bankruptcy Section

PO Box 64338

Chicago, IL 60664

Internal Revenue Service 

P.O. Box 7346

Philadelphia, PA 19101-7346

Claimant #1

J.P. Morgan 

P.O. Box 24696

Columbus, OH 43224-0696

JMCP Corp. 

853 N. Elston Ave.

Chicago, IL 60642-4102

Claimant #2

Jung Jae Lee

c/o LimNexus c/o Lisa J. Yang

1055 W. Seventh St., 28th Flr

Los Angeles, CA 90017

Claimant #3

John L. Oberman Ltd.

Def. Ben. Plan 

415 E. Northwater #3005

Chicago, IL 60611-5830

Kara Cox 

923 W Webster Ave., Garden Apt

Chicago, Il 60614-3617

Letricia Cavanaugh 

509 S 6th 4th Floor

Springfield, IL 62701-1809

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Federal Street Corporation 

c/o Von Behren and Hunter LLP

2041 Rosecrans Av., Ste 367

El Segundo, CA 90245-4795

Hermes Capital LLC 

2711 Centerville Rd., Suite 400

Wilmington, DE 19808

Phillip Shinn 

LimNexus LLP

1055 W. Seventh St., Suite 2800

Los Angeles, CA 90017-2554

Steven H. Hersh 

3115 Orange Brace

Riverwoods, IL 60015-3727

Michael C. Winter 

709 Central Ave.

Deerfield, IL 60015-4310

Michael Mininni 

1 S. Wacker Drive, Suite 350

Chicago, IL 60606-4616

Milan Properties, LLC

888 Disneyland Dr., Suite 10

Anaheim, CA 92802-1847

Nina Winter 

917 Fountain View Dr

Deerfield, IL 60015-4860

Paula S. Kooperman Rev. Trust 

3 S. Robinwood Ct.

Riverwoods, IL 60015-1605

Stuart A. Nudelman 

923 W. Webster

Chicago, IL 60614-3617

Claimant #4

The View Wilshire, LLC 

853 N. Elston Av.

Chicago, IL 60642-4102

Thomas E Lombardi

Adam G. Wentland

Palmer, Lombardi & Donohue LLP

800 Wilshire Blvd., Suite 800

Los Angeles, CA 90071-2612

Judy Fishman

923 W. Webster

Chicago, IL 60614

(Debtor 1)

Travis R. Eagan 

11030 Santa Monica Blvd., Ste 109

Los Angeles, CA 90025-7553

Beckman Properties

6604 Midnight Pass Rd.

Sarasota, FL 34242

Bank of America 

PO Box 961294

Fort Worth TX 76161

Island House Association

6150 Midnight Pass Rd

Sarasota FL 34242

Dale & Linda Boedeker

5808 W Lake Drive

West Bend WI 53095

Bank of America, N.A.

7105 Corporate Dr.

Plano, TX 75024

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