Case No. 02-43582-H4-11, JOINTLY ADMINISTEREDUnited States Bankruptcy Court, S.D. Texas, Houston Division
February 19, 2003
ORDER APPROVING APPLICATION PURSUANT TO SECTIONS 327(a) AND 328(a) OF THE BANKRUPTCY CODE AUTHORIZING THE DEBTORS’ EMPLOYMENT AND RETENTION OF HERMAN MOUSEL SEXTON, P.C. AS INCOME TAX COMPLIANCE AND TAX RETURN PREPARATION PROFESSIONALS [This instrument pertains to Docket # 935]
WILLIAM R. GREENDYKE, United States Bankruptcy Judge.
Upon consideration of the application (the “Application”) of Encompass Services Corporation and its direct and indirect subsidiaries (collectively, the “Debtors”) for an order pursuant to sections 327(a) and 328(a) chapter 11 of title 11 of the United States Code for authorization to retain and employ Herman Mousel Sexton, P.C. (“HMS”) as income tax compliance and tax return preparation professionals and for the approval of the proposed terms of such employment set forth in the letter agreement dated as of December 26, 2002, attached as Exhibit B to the Application (the “Agreement”); and upon the Declaration of Donald J. Herman (the “Herman Declaration”) in support of the Application attached as Exhibit A to the Application; and the Court being satisfied, based on the representations made in the Application and the Herman Declaration, that HMS represents or holds no interest adverse to the Debtors or to their estates as to the matters upon which it is to be engaged and is disinterested under section 101 (14) of the Bankruptcy Code, as modified by section 1107(b) of the Bankruptcy Code; and the Court being satisfied that the relief requested in the Application is in the best interests of the Debtors and their estates; and it appearing that due notice of this Application has been given and that no other or further notice need be given and sufficient cause appearing therefor, it is
ORDERED that the Application is granted; and it is further
ORDERED that, pursuant to sections 327(a) and 328(a) of the Bankruptcy Code and Rules 2014(a) and 2016 of the Federal Rules of Bankruptcy Procedure, the Debtors are authorized to retain and employ HMS as their income tax compliance and tax return preparation professionals for the purpose of preparing the 2002 federal and state income and franchise tax returns as well ensuring compliance with all tax reporting laws related to such returns in connection with the Debtors’ chapter 11 cases in accordance with the terms of, and as detailed in, the Agreement, effective as of January 1, 2003; and it is further
ORDERED that the fees to be paid to HMS pursuant to the terms of the Agreement, are approved, provided that subject to the foregoing and the standards imposed by section 328(a) of the Bankruptcy Code, awards of compensation and expenses will be sought by HMS pursuant to sections 330
and 331 of the Bankruptcy Code, the Bankruptcy Rules, and the Local Rules of this Court and any applicable orders of this Court, including but not limited to, the Administrative Order Pursuant to Sections 105(a) and 331
of the Bankruptcy Code Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals, entered on December 19, 2002; provided however, that HMS shall not be required to maintain and submit detailed time records in support of interim or final fee applications to be filed with the Court, instead HMS shall describe the services provided on behalf of the Debtors during the applicable period and those professionals who provided such services; and it is further
ORDERED that this Court will retain exclusive jurisdiction to construe and enforce the terms of the Application, the Agreement, and this Order.