Case No. 02-13533 (AJG), (Jointly Administered).United States Bankruptcy Court, S.D. New York.
June 10, 2003.
Mark A. Shaiken, Esq., Mark S. Carder, Esq., Stinson Morrison Hecker, LLP, Kansas City, MO, Special Counsel for Debtors and Debtors in Possession.
ORDER PURSUANT TO SECTIONS 327(e) AND 328(a) OF THE BANKRUPTCY CODE FOR AUTHORIZATION TO EXPAND EMPLOYMENT OF STINSON MORRISON HECKER LLP TO INCLUDE SPECIAL CLAIMS OBJECTION COUNSEL FOR THE DEBTORS
ARTHUR J. GONZALEZ, United States Bankruptcy Judge
Upon the application, dated May 16, 2003 (the “Application”), of WorldCom, Inc. and certain of its direct and indirect subsidiaries, as debtors and debtors in possession (collectively, “WorldCom” or the “Debtors”), for an order pursuant to sections 327(a) and 328(a) of the United States Bankruptcy Code (the “Bankruptcy Code”) and Rule 2014(a) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) authorizing and approving the expanded employment and retention of Stinson Morrison Hecker LLP (“SMH”) as special counsel to prosecute claims objections, all as more fully set forth in the Application; and upon consideration of the affidavit of Mark A. Shaiken, a partner of SMH, annexed to the Application as Exhibit A (the “Shaiken Affidavit”); and the Court being satisfied, based on the representations made in the Application and the Shaiken Affidavit, that SMH is “disinterested,” as such term is defined in section 101(14) of the Bankruptcy Code, as modified by section 1107(b) of the Bankruptcy Code, and that SMH represents or holds no interest adverse to the Debtors or their estates with respect to matters upon which it is to be retained; and the Court having jurisdiction to consider the Application and the relief requested therein pursuant to 28 U.S.C. § 157 and 1334 and the Standing Order of Referral of Cases to Bankruptcy Court Judges of the District Court for the Southern District of New York, dated July 19, 1984 (Ward, Acting C.J.); and consideration of the Application and the relief requested therein being a core proceeding pursuant to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. § 1408 and 1409; and due and proper notice of the Application having been provided, and it appearing that no other or further notice need be provided; and the relief requested in the Application being in the best interests of the Debtors and their estates and creditors; and the Court having reviewed the Application and having heard the statements in support of the relief requested therein at a hearing before the Court (the “Hearing”); and the Court having determined that the legal and factual bases set forth in the Application and at the Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, it is hereby
ORDERED that the Application is granted; and it is further
ORDERED that the Debtors are hereby authorized to employ and retain SMH as their special counsel to prosecute claims objections, nunc pro tunc to April 4, 2003; and it is further
ORDERED that SMH shall apply for compensation and reimbursement in accordance with the procedures set forth in §§ 330 and 331 of the Bankruptcy Code, applicable Federal Rules of Bankruptcy Procedure, local rules and orders of the Court, guidelines established by the Office of the United States Trustee, and such other procedures as may be fixed by order of this Court; and it is further
ORDERED that the requirement pursuant to Local Rule 9013-1(b) that the Debtors file a separate memorandum of law in support of the Application is hereby waived.