Chapter 11 Case No. 01-16034 (AJG)United States Bankruptcy Court, S.D. New York
February 20, 2002
ORDER PURSUANT TO SECTIONS 327(e) AND 330 OF THE BANKRUPTCY CODE AUTHORIZING EMPLOYMENT, NUNC PRO TUNC, OF MILLER THOMSON LLP AS SPECIAL COUNSEL FOR THE DEBTORS IN ACCORDANCE WITH THEIR NORMAL HOURLY RATES AND DISBURSEMENT POLICIES
ARTHUR J. GONZALEZ, United States Bankruptcy Judge.
Upon consideration of the application (the “Application”) filed by Enron Corp. and certain of its affiliated debtor entities (collectively, the “Debtors”), as debtors and debtors in possession, seeking authorization to employ, as of December 2, 2001, Miller Thomson LLP (“Miller Thomson”) as special counsel pursuant to sections 327(e), 328(a) and 330 for the sole purposes of Miller Thomson’s representation of the Debtors in Canada and, in particular, their interests as shareholders and contracting parties with Enron Canada Corp. and in compliance with sections 327(a), 328(a) and 330 of title 11 of the United States Code (the “Bankruptcy Code”) as well as to provide disclosure required under Rules 2014(a) and 2016(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), under a general retainer in accordance with its normal hourly rates and disbursement policies pending an execution of a fee agreement, as is more fully set forth in the Application, and upon the affidavit and disclosure statement of Larry B. Robinson as a partner of the firm of Miller Thomson (the “Robinson Affidavit”), which is annexed to the Application and the Supplemental Affidavit of Larry B. Robinson; and the Court being satisfied, based on the representations made in the Application and the Robinson Affidavit, that Miller Thomson represents or holds no interest adverse to the Debtors or to their estates as to these Matters except as set out in the Robinson Affidavit, and that the employment of Miller Thomson is necessary and would be in the best interests of the Debtors and their estates; and it appearing that the Court has jurisdiction to consider the Application; and it appearing that the relief requested in the Application is in the best interest of the Debtors, their estates and creditors; and it appearing that due and appropriate notice of the Application has been given and no further notice need be given; and upon the proceedings before the court; and good and sufficient cause appearing;
IT IS HEREBY ORDERED THAT:
1. The Application, as amended, is hereby granted.
2. Pursuant to section 327(e) of the Bankruptcy Code, the Debtors are authorized to employ and retain, nunc pro tunc as of the Petition Date, Miller Thomson as their special counsel in Canada under a general retainer effective as of the commencement of these cases in accordance with its normal hourly rates in effect from time to time and its disbursement policies.
3. Miller Thomson shall be compensated in accordance with the substantive standards set forth in sections 330 and 331 of the Bankruptcy Code and shall file applications in compliance with the Bankruptcy Code, applicable Federal Rules of Bankruptcy Procedure, local rules of the Court, and such other procedures as may be fixed by order of this Court.
4. Miller Thomson’s retention is approved subject to the terms of the Protocol for Allocation of Legal Work among Enron Law Firms, dated February 15, 2002.