Jointly Administered at Case No. 02-21626-JKF.United States Bankruptcy Court, W.D. Pennsylvania.
October 14, 2005
ORDER AUTHORIZING RETENTION OF BABST, CALLAND, CLEMENTS ZOMNIR, A PROFESSIONAL CORPORATION, NUNC PRO TUNC, AS SPECIAL COUNSEL FOR THE DEBTORS AND DEBTORS-IN-POSSESSION
JUDITH FITZGERALD, Chief Judge
Upon consideration of the foregoing: (a) Application (the “Application”) of the Debtors and Debtors-in-Possession (collectively the “Debtors”) to Employ Babst, Calland, Clements
Zomnir, a Professional Corporation (“Babst”), as Special Counsel, pursuant to sections 327(e) and 328(a) of title 11 of the United States Code (the “Bankruptcy Code”) and Rule 2014 of the Federal Rules of Bankruptcy Procedure; and (b) the Verified Statement of Babst Pursuant to Bankruptcy Rule 2014(a) In Support of Application for Employment of Special Counsel (the “Verified Statement”); and this Court being satisfied based on the representations made in the Application and in the Verified Statement that Babst does not represent any interest adverse to the Debtors’ estates with respect to the specified matters
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enumerated in the Application upon which Babst is to continue to be engaged; and that Babst’s employment is necessary and would be in the best interests of the Debtors’ estates; and finding that adequate notice of the Application has been given; and it appearing that no further notice is required; and after deliberation and sufficient cause appearing therefore, it is hereby:
ORDERED that, pursuant to sections 327(e) and 328(a) of the Bankruptcy Code, the Debtors are hereby authorized to employ and retain Babst as special counsel to provide the services upon the terms and conditions as detailed in the Application and the Verified Statement, effective nunc pro tunc as of May 1, 2005; and it is further
ORDERED that Babst shall be compensated in accordance with the procedures set forth in sections 330 and 331 of the Bankruptcy Code as may be applicable from time to time, and shall submit invoices to the Debtors and file fee applications with this Court at such intervals as provided in the Order of this Court.
Counsel for the Debtors shall immediately serve a copy of this order on all parties listed on the current service list and any other parties in interest and file a certificate of service with the Clerk of the Bankruptcy Court within ten (10) days hereof.
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