Case No. 01-12036-KL3, Jointly AdministeredUnited States Bankruptcy Court, M.D. Tennessee.
March 10, 2004
Beth A. Dunning, Bass, Berry Sims PLC, Nashville, TN, for the consolidated Official Unsecured Creditors Committee
ORDER GRANTING THIRD AND FINAL APPLICATION OF BASS, BERRY SIMS PLC AS ATTORNEYS FOR THE OFFICIAL UNSECURED CREDITORS COMMITTEE SEEKING FINAL ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES
KEITH LUNDIN, Bankruptcy Judge
Upon the Third and Final Application of Bass, Berry Sims PLC as Attorneys for the Official Unsecured Creditors Committee Seeking Allowance of Compensation and Reimbursement of Expenses (the “Application”);[1] and the deadline for objecting to the Application having passed with no objections to the Application having been filed; and the Court being otherwise sufficiently advised that the relief requested in the Application is appropriate under the circumstances, therefore:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The Application is GRANTED,
2. Bass, Berry Sims PLC (“Applicant”) is hereby granted final allowance of (a) compensation in the aggregate amount of $354,034.99 for necessary professional services rendered by Applicant during these Bankruptcy Cases and (b) reimbursement of expenses in an aggregate amount of $25,738.67 for actual and necessary costs and expenses incurred by Applicant during the course of its representation of the Committee during these Bankruptcy Cases.
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3. Applicant is hereby granted an allowed administrative expense claim in these Bankruptcy Cases pursuant to sections 503(b) and 507(a)(1) of the Bankruptcy Code for the fees and expenses approved in this Order to the extent such fees and expenses have not been paid.
4. The Plan Administrator is authorized to pay the balance of the fees and expenses approved in this Order that have not already been paid in accordance with the Plan.
5. Applicant shall have the right to give written notice of any additional or supplemental fees and/or expenses that were incurred, but not yet billed, by the Applicant at the time of the Application to the U.S. Trustee, Dinsmore Shohl LLP, the Pan Administrator and any other party in interest that, within 10 days following entry of this order, sends to Applicant a written request to receive notice of any such supplemental fees and expenses.
6. Applicant shall be automatically granted allowance of any such supplemental fees and expenses, which shall be paid by the Plan Administrator as an administrative expense claim, without further application to or order by this Court, unless (i) such fees and expenses exceed $10,000 in the aggregate, or (ii) the Applicant receives from any party in interest a written objection to such fees and expenses within ten (10) days following service of notice of Applicant’s supplemental request.