Case No. 02-B-48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
February 18, 2005
ORDER PURSUANT TO SECTIONS 327(a) AND 328(a) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULE 2014(a) AUTHORIZING THE EMPLOYMENT AND RETENTION NUNC PRO TUNC OF JACK B. FISHMAN ASSOCIATES AS LOCAL COUNSEL FOR THE DEBTORS AND DEBTORS IN POSSESSION
EUGENE WEDOFF, Bankruptcy Judge
Upon the Application[1] of the Debtors in the above-captioned Chapter 11 Cases for entry of an order authorizing the employment and retention of Jack B. Fishman
Associates, P.C. (“Fishman P.C.”) as local counsel for the Debtors nunc pro tunc as of December 1, 2004; and upon the affidavit of Jack B. Fishman (the “Fishman Affidavit”); and the Court being satisfied based on the representations made in the Application and Fishman Affidavit that Fishman P.C. does not represent an interest adverse to the Debtors’ estates with respect to the matters upon which they are to be engaged; that Fishman P.C. is a disinterested person as that term is defined under 11 U.S.C. § 101(14), as modified by 11 U.S.C. § 1107(b); and that the employment of Fishman P.C. is, and it appearing that the relief requested is reasonable and in the best interest of the Debtors’ estates and creditors; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that venue of this proceeding and this Application is proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409; and adequate notice of the Application having been given; and it appearing that no other
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notice need be given; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED:
1. The Application is granted.
2. The Debtors are authorized to employ, retain and reimburse Fishman P.C. on the terms set forth in the Application.
3. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.
4. Notwithstanding the possible applicability of Bankruptcy Rules 6004(g), 7062, 9014, or otherwise, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry.
5. All time periods set forth in this Order shall be calculated in accordance with Bankruptcy Rule 9006(a).
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