Case No. 01-16034 (AJG), Jointly AdministeredUnited States Bankruptcy Court, S.D. New York.
February 5, 2004
ORDER MODIFYING FIFTH SUPPLEMENTAL ORDER REGARDING (A) PROCEDURES FOR INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES AND (B) PREPARATION OF PROFESSIONAL BUDGETS AND FORMATTING FOR PRESENTATION OF BILLING STATEMENTS
ARTHUR GONZALEZ, Bankruptcy Judge
Based on the request of Neal Batson, the Examiner appointed in these cases (the “Enron Corp. Examiner”), by his undersigned counsel, Alston Bird LLP, for an Order, modifying the Fifth Supplemental Order (as defined below) entered in connection with: (1) the Order, dated January 17, 2002, establishing procedures for interim compensation and reimbursement of expenses of professionals; (2) the Order, dated April 26, 2002, supplementing the Interim Compensation Order to Provide for the creation of a committee (the “Fee Committee”) to establish budget procedures and to review the fees incurred by Court-approved professionals regarding, among other things, the establishment of procedures and the submission of budgets; (3) the Order dated May 24, 2002, regarding procedures for interim compensation and reimbursement of expenses and preparation of professional budgets; (4) the Order dated July 15, 2002 to provide for certain procedures relative to compensation of the Enron Corp. Examiner and his advisors; (5) the Order dated August 14, 2002, regarding procedures for interim
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compensation and reimbursement of expenses and preparation of professional budgets; and (6) the Fifth Supplemental Order Regarding (A) Procedures for Interim Compensation and Reimbursement of Expenses and (B) Preparation of Professional Budgets and Formatting for Presentation of Billing Statements, dated December 19, 2002 (the “Fifth Supplemental Order”) (collectively, the “Fee Orders”), and it appearing that cause exists to modify the Fifth Supplemental Order so as to address certain procedures relative to the advisory reports of the Fee Committee with respect to the Enron Corp. Examiner and his counsel, Alston Bird LLP, his accountants, Plante Moran, PLLC, and his accounting experts Professor Benston and Professor Hartgraves (and any other professionals that may be retained by the Enron Corp. Examiner) (the “Professionals”); upon due consideration, good and sufficient cause appearing for such relief, it is hereby
ORDERED as follows:
1. The Enron Corp. Examiner and/or the Fee Committee shall be authorized to file the advisory reports submitted to the Court on or about December 2, 2003 in connection with the fee applications submitted by the Enron Corp. Examiner and the Enron Corp. Examiner’s Professionals on the Court’s Electronic Docketing System.
2. Except as expressly modified herein, the provisions of the Fee Orders and the April 8, 2002 Order shall remain in full force and effect.
3. To the extent of any inconsistency between (i) the provisions of the Fee Orders and this Order (collectively, the “Enron Requirements”), and (ii) the Administrative Order re Amended Guidelines for Fees and Disbursements for Professionals in the Southern District of New York Bankruptcy Cases, dated April 19, 1995, including, without limitation, provisions regarding the delivery of monthly fee
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statements and interim and final fee applications, the provisions of the Enron Requirements, as the same may be modified from and after the date hereof, shall govern.