eleventh monthly fee statement of waller lansden dortch

039132-06828/4876-3652-4035.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

) In re: ) Chapter 11 ) MTPC, LLC, THE PROTON THERAPY CENTER, LLC, PCPT HAMLIN, LLC, Debtors.

) ) ) ) ) ) )

Case No. 3:20-bk-05438 (RSM) Judge Randal S. Mashburn (Jointly Administered) 1

)

THE DEADLINE FOR FILING A TIMELY RESPONSE IS: November 29, 2021. If a response is timely filed, the response will be heard at the next interim or final fee application hearing scheduled in these chapter 11 cases.

NOTICE OF ELEVENTH MONTHLY FEE STATEMENT OF WALLER LANSDEN DORTCH & DAVIS, LLP, FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES AS CO-

COUNSEL TO THE PCPT HAMLIN, LLC FOR THE PERIOD FROM THE OCTOBER 1, 2021 THROUGH OCTOBER 31, 2021

Waller Lansden Dortch & Davis, LLP (“Waller”), as co-counsel for the above-captioned

debtors and debtors-in-possession (collectively, the “Debtors”), have filed in the above-captioned cases this Eleventh Monthly Fee Statement of Waller Lansden Dortch & Davis, LLP, for Allowance of Compensation For Services Rendered and Reimbursement of Expenses as Co-Counsel to PCPT Hamlin, LLC for the Period from the October 1, 2021 through October 31, 2021 (the “Monthly Fee Statement”).2

YOUR RIGHTS MAY BE AFFECTED. If you do not want the Court to grant the relief

requested in the attached notice, or if you want the Court to consider your views on the notice, then on or before the response date stated above, you or your attorney must:

1 The jointly administered Debtors’ respective case numbers in these Chapter 11 Cases include: MTPC, LLC

(“MTPC”), Case Number 3:20-bk-05438; The Proton Therapy Center, LLC (“PCPTK”), Case Number 3:20-bk-0549; PCPT Hamlin, LLC (“PCPT Hamlin”), Case Number 3:20-bk-05440. The Debtors’ service address is: 1400 Dowell Springs Boulevard, Suite 350, Knoxville, TN 37909-2447.

2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses for Professionals (D.I. 188) (the “Interim Compensation Order”).

Case 3:20-bk-05438 Doc 837 Filed 11/15/21 Entered 11/15/21 14:54:24 Desc MainDocument of 14

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1. File your response or objection with the Court explaining your position. Please note that

the Court requires electronic filing. Any response or objection you wish to file must be submitted electronically. To file electronically, you or your attorney must go to the court website and follow the instructions at https://ecf.tnmb.uscourts.gov. If you need assistance with electronic filing, you may call the Court at (615) 736-5584.

2. Your response must state the deadline for filing responses, the date of the scheduled hearing, and the notice to which you are responding.

3. You must serve your response or objection by electronic-mail, hand-delivery or first class mail, to the following Notice Parties: (i) the Debtors, MTPC, LLC, The Proton Therapy Center, LLC, and PCPT Hamlin, LLC, 1400 Dowell Springs Boulevard, Suite 350, Knoxville, TN 37909, Attn: Robby Vincill ([email protected]); (ii) counsel to the Debtors, McDermott Will & Emery, LLP, 2501 North Harwood Street, Suite 1900, Dallas, TX 75201, Attn: Marcus A. Helt ([email protected]); (iii) co-counsel to the Debtors, Waller Lansden Dortch & Davis, LLP, 511 Union St., Suite 2700, Nashville, TN 37219, Attn: David Lemke ([email protected]); (iv) counsel to the Trustee of certain Debtor Revenue Bonds, Greenberg Traurig, LLP, One International Place, Suite 2000, Boston, MA 02110, Attn: Colleen A. Murphy ([email protected]) and Kevin Walsh ([email protected]); (v) the United States Trustee, 701 Broadway, Suite 318, Nashville, TN 37203, Attn: Jeffrey S. Grasl ([email protected]); (vi) proposed counsel to the Official Committee of Unsecured Creditors, Sills Cummis & Gross, P.C., One Riverfront Plaza, Newark, NJ 07102, Attn: Andrew Sherman ([email protected]) and Boris Mankovetskiy ([email protected]); and (vii) proposed co-counsel to the Official Committee of Unsecured Creditors, Manier & Herod, P.C., 1201 Demonbreun Street, Suite 900, Nashville, TN 37203, Attn: Robert W. Miller ([email protected]). If a response is filed before the deadline stated above, the response will be heard at the next

interim or final fee application hearing scheduled in these chapter 11 cases. You may check whether a timely response has been filed by viewing the case on the website of the Debtors’ claims and noticing agent: https://cases.stretto.com/MTPC/.

PLEASE TAKE FURTHER NOTICE that, pursuant to the Interim Compensation Order,

if no objection to this Monthly Fee Statement is timely filed, served, and received during the Objection Period, Waller may be paid an amount equal to eighty percent (80%) of the fees and eighty percent (80%) of the expenses requested in this Monthly Fee Statement.


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Dated: November 15, 2021 Respectfully Submitted,

WALLER LANSDEN DORTCH & DAVIS, LLP

/s/ David E. Lemke David E. Lemke (Tenn. Bar No. 013586)

Tyler N. Layne (Tenn. Bar No. 033401) 511 Union Street, Suite 2700 Nashville, TN 37219 Telephone: (615) 244-6380 Facsimile: (615) 244-6804 Email: [email protected] [email protected]


039132-06828/4876-3652-4035.1

IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

) In re: ) Chapter 11 ) MTPC, LLC, THE PROTON THERAPY CENTER, LLC, PCPT HAMLIN, LLC, Debtors.

) ) ) ) ) ) )

Case No. 3:20-bk-05438 (RSM) Judge Randal S. Mashburn (Jointly Administered) 1

)

ELEVENTH MONTHLY FEE STATEMENT OF WALLER LANSDEN DORTCH & DAVIS, LLP, FOR ALLOWANCE OF COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES AS CO-COUNSEL TO PCPT HAMLIN, LLC

FOR THE PERIOD FROM THE OCTOBER 1, 2021 THROUGH OCTOBER 31, 2021

Name of Applicant Waller Lansden Dortch & Davis, LLP

Authorized to provide professional services to

Debtors and Debtors-in-Possession

Effective Date of Retention January 22, 2021, nunc pro tunc to

December 15, 2020

Compensation Period October 1, 2021 through October 31, 2021

Amount of actual, reasonable and necessary compensation incurred

$382.50

Amount of actual, reasonable and necessary expense reimbursement

$0.00

Total Amount Sought $382.50

Total Amount of compensation (at 80%) and expenses (at 80%) sought

$306.00

Amount of Postpetition Fees Received to Date

$10,298.65

1 The jointly administered Debtors’ respective case numbers in these Chapter 11 Cases include: MTPC, LLC

(“MTPC”), Case Number 3:20-bk-05438; The Proton Therapy Center, LLC (“PCPTK”), Case Number 3:20-bk-0549; PCPT Hamlin, LLC (“PCPT Hamlin”), Case Number 3:20-bk-05440. The Debtors’ service address is: 1400 Dowell Springs Boulevard, Suite 350, Knoxville, TN 37909-2447.


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Amount of Postpetition Expenses Received to Date

$1,738.00

Blended Rate for all Attorneys $425.00

Blended Rate for all Timekeepers $425.00

1. Pursuant to sections 327, 330, and 331 of title 11 of the United States Code (the

“Bankruptcy Code”), Rule 2016 of the Federal Rules of Bankruptcy Procedure, and Rule 2016-1

of the Local Bankruptcy Rules for the Middle District of Tennessee, the Order Approving the

Employment and Retention of Waller Lansden Dortch & Davis, LLP as Co-Counsel for the

Debtors and Debtors in Possession Effective as of the Petition Date (D.I. 205) (the “Waller

Retention Order”), and the Order Establishing Procedures for Interim Compensation and

Reimbursement of Expenses for Professionals (D.I. 188) (the “Interim Compensation Order”), the

law firm of Waller Lansden Dortch & Davis, LLP (“Waller”), attorneys for MTPC, LLC, The

Proton Therapy Center, LLC, and PCPT Hamlin, LLC, as debtors and debtors in possession

(collectively the “Debtors”), hereby files this monthly fee statement (the “Monthly Fee

Statement”) for (a) compensation in the amount of $306.00 for the reasonable and necessary legal

services Waller rendered to PCPT Hamlin from October 1, 2021 through and including October

31, 2021 (the “Compensation Period”) (which is 80% of $382.50), and (b) reimbursement of the

actual and necessary expenses that Waller incurred on behalf of PCPT Hamlin during the

Compensation Period in the amount of $0.00 (which is 80% of $0.00).

Services Rendered and Disbursements Incurred

2. Attached as Exhibit A is a billing summary of Waller professionals and

paraprofessionals by individual, setting forth the (a) name and title of each individual who

performed services during the Compensation Period, (b) aggregate time expended by each such

individual, (c) hourly billing rate for each such individual, and (d) amount of fees earned by each


3 039132-06828/4876-3652-4035.1

Waller professional and paraprofessional. Waller asserts that its rates are reasonable based upon

the customary compensation charged by comparably skilled practitioners in cases other than and

similar to these cases under chapter 11 of the Bankruptcy Code.

3. Attached as Exhibit B is a summary of hours and fees by task code.

4. Attached as Exhibit C is a summary of reimbursement sought by expense type for

all expenses for the Compensation Period incurred in connection with the performance of

professional services.

5. Attached as Exhibit D is Waller’s itemized time records of its professionals and

paraprofessionals and itemized records of reimbursement sought for the Compensation Period.

Reservation of Rights

6. This Monthly Fee Statement includes all of the information and supporting detail

regarding fees and expenses available to Waller at the time of the filing of this Monthly Fee

Statement. If additional information and supporting detail in connection with this Compensation

Period should become available, as a result of delays in accounting processing or an inadvertence

with respect to time entered in the accounting system, or any other valid reason, Waller reserves

the right to make an application to the Court for an allowance of such fees and expenses not

included in this Monthly Fee Statement.

Notice

7. Pursuant to the Interim Compensation Order, notice of this Monthly Fee Statement

shall be served upon:

a. the Debtors, MTPC, LLC, The Proton Therapy Center, LLC, and PCPT Hamlin, LLC, 1400 Dowell Springs Boulevard, Suite 350, Knoxville, TN 37909-2447, Attn: Robby Vincill ([email protected]);

b. counsel to the Debtors, McDermott Will & Emery LLP, 2501 North Harwood Street, Suite 1900, Dallas, TX 75201, Attn: Marcus A. Helt ([email protected]);


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c. counsel to the Trustee of certain Debtor Revenue Bonds, Greenberg Traurig, LLP, One International Place, Suite 2000, Boston, MA 02110, Attn: Colleen A. Murphy ([email protected]) and Kevin Walsh ([email protected]);

d. the United States Trustee, 701 Broadway, Suite 318, Nashville, TN 37203, Attn: Jeffrey S. Grasl ([email protected]);

e. proposed counsel to the Official Committee of Unsecured Creditors, Sills Cummis & Gross, P.C., One Riverfront Plaza, Newark NJ 07102, Attn: Andrew Sherman ([email protected]) and Boris Mankovetskiy ([email protected]); and

f. proposed co-counsel to the Official Committee of Unsecured Creditors, Manier & Herod, P.C., 1201 Demonbreun Street, Suite 900, Nashville, TN 37203, Attn: Robert W. Miller ([email protected]).

WHEREFORE, Waller, in connection with services rendered on behalf of PCPTK,

respectfully requests (a) allowance of compensation and reimbursement in the amount of $306.00

for reasonable and necessary professional services rendered during the Compensation Period (80%

of $382.50); (b) allowance of actual and necessary costs and expenses incurred during the

Compensation Period in the amount of $0.00 (80% of $0.00), for a total of $306.00 to be paid; and

(c) payment of the aforementioned amounts.


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Dated: November 15, 2021 Respectfully Submitted,

WALLER LANSDEN DORTCH & DAVIS, LLP

/s/ David E. Lemke David E. Lemke (Tenn. Bar No. 013586)

Tyler N. Layne (Tenn. Bar No. 033401) 511 Union Street, Suite 2700 Nashville, TN 37219 Telephone: (615) 244-6380 Facsimile: (615) 244-6804 Email: [email protected] [email protected]


039132-06828/4876-3652-4035.1

EXHIBIT A

COMPENSATION BY PROFESSIONAL

Name Position Effective Billing

Rate Total Billed

Hours Billed Amount

Daniel Flournoy Partner $605.00 — — David Lemke Partner $700.00 — — Tyler Layne Partner $515.00 — — Gaby Smith Associate $480.00 — — Evan Atkinson Associate $425.00 0.9 $382.50 Melissa Jones Associate $425.00 — — Chris Cronk Paralegal $325.00 — — Ann Marie Jezisek Paralegal $220.00 — —

Total: 0.9 $382.50


039132-06828/4876-3652-4035.1

EXHIBIT B

COMPENSATION BY PROJECT CATEGORY

Hours Amount

B100 Administration — — B110 Case Administration 0.2 $85.00 B120 Asset Analysis and Recovery — — B130 Asset Disposition 0.4 $170.00 B140 Relief from Stay/Adequate Projection Proceedings — — B150 Meetings of and Communications with Creditors — — B160 Fee/Employment Applications 0.3 $127.50 B170 Fee/Employment Objections — — B180 Avoidance Action Analysis — — B185 Assumption/Rejection of Leases and Contracts — — B190 Other Contested Matters — — B195 Non-Working Travel — —

B200 Operations — —

B210 Business Operations — — B220 Employee Benefits/Pensions — — B230 Financing/Cash Collections — — B240 Tax Issues — — B250 Real Estate — — B260 Board of Directors Matters — —

B300 Claims and Plan — — B310 Claims Administration and Objections — — B320 Plan and Disclosure Statement — —

B400 Bankruptcy-Related Advice — — B410 General Bankruptcy Advice/Opinions — — B420 Restructurings — —

Total: 0.9 $382.50


039132-06828/4876-3652-4035.1

EXHIBIT C

EXPENSE SUMMARY

Expense Category Amount

Filing Fees — Colored Photocopies — Client Charges — Conference Call — Photocopies — Courier Services — Online Researches — PCount Color Copy Charges — PCount Copy Charges — Postage —

Total: $0.00


039132-06828/4876-3652-4035.1

EXHIBIT D

TIME DETAIL


WALLER LANSDEN DORTCH & DAVIS , LLP NASHVILLE CITY CENTER

511 UNION STREET, SUITE 2700 POST OFFICE BOX 198966

NASHVILLE, TENNESSEE 37219-8966 615-244-6380

FEDERAL ID NO. 62-0479474

The Proton Therapy Center, LLC d/b/a Provision Center for Proton Therapy Charles Aiken 1400 Dowell Springs Blvd Ste 350 Knoxville, TN 37909

November 11, 2021 Invoice 10832026 Page 1 Bill Through 10/31/21 Billing Atty: D. Lemke

Our Matter # 039283.11240

Proton Centers/Bankruptcy (Orlando)

Fees: B110 Case Administation

Date Description Timekeeper Hours Amount 10/12/21 Attend status conference Atkinson, Evan J 0.20 85.00 Total 0.20 85.00 B130 Asset Disposition

Date Description Timekeeper Hours Amount 10/07/21 Draft confidentiality agreement to be

entered into with 365 Contract Counterparties during the sale process

Atkinson, Evan J 0.30 127.50

10/22/21 Review and coordinate filing of motion to modify sale dates

Atkinson, Evan J 0.10 42.50

Total 0.40 170.00 B160 Fee/Employment Applications

Date Description Timekeeper Hours Amount 10/22/21 Prepare monthly fee statement Atkinson, Evan J 0.30 127.50 Total 0.30 127.50 Total Fees for Professional Services 0.90 382.50

Time Summary


Timekeeper Position Hours Rate Amount Atkinson, Evan J Associate 0.90 425.00 382.50

Totals 0.90 382.50

Task Summary Task Description Hours Amount B110 Case Administation 0.20 85.00 B130 Asset Disposition 0.40 170.00 B160 Fee/Employment Applications 0.30 127.50 Totals 0.90 382.50 Total Fees and Disbursements on This Invoice $ 382.50 PLEASE REMIT TOTAL AMOUNT DUE $ 382.50


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