Case No. BKY 05-30073.United States Bankruptcy Court, D. Minnesota.
January 21, 2005
ORDER APPOINTING A LEGAL REPRESENTATIVE FOR FUTURE UNKNOWN ASBESTOS CLAIMANTS
GREGORY KISHEL, Bankruptcy Judge
The Motion of the Debtor for an Order Appointing a Legal Representative for Future Unknown Asbestos Claimants, came on before the undersigned on January 20, 2005. Appearances are as noted on the record.
Based on the arguments of counsel, all of the files, records and proceedings herein, the Court being advised in the premises, and the Court’s findings of fact and conclusions of law, if any, having been stated orally and recorded in open court following the close of evidence,
IT IS HEREBY ORDERED THAT:
1. Thomas Carey is hereby appointed as Futures Representative.
2. The Futures Representative shall have standing to be heard in the Debtor’s bankruptcy case as a party in interest in every matter relevant to the interests of Future Claimants; may retain attorneys and other professionals, with approval of the Court, pursuant to Sections 105(a) and 327 of the Bankruptcy Code; and shall be authorized to exercise the powers and duties delegated to official committees with respect to participation in the formulation of the plan as enumerated in Section 1103
of the Bankruptcy Code.
3. Compensation, including professional fees and reimbursement of expenses, shall be payable to the Futures Representative and the Futures Representative’s professionals from the
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Debtor’s estate, subject to approval by the Court, pursuant to the orders of this Court, the provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the United States Trustee Guidelines for Fees and Disbursements for Professionals, and the Local Rules of Bankruptcy Procedure for the District of Minnesota.
4. The Futures Representative shall not be liable for any damages, or have any obligations other than the duties prescribed in the order of appointment; provided, however, that nothing shall relieve the Futures Representative from liability arising out of his or her willful misconduct or gross negligence. The Futures Representative shall not be liable to any person as a result of any action or omission taken or made in good faith by the Futures Representative.
5. The Futures Representative may be removed or replaced at any time by the entry of an order of this Court.
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