UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of                                                            Chapter 7

 

                            ,                                           Case No.

 

                       Debtor(s).

----------------------------------------------------X               A P P L I C A T I O N

 

TO:      THE HONORABLE                                                               

UNITED STATES BANKRUPTCY JUDGE:

 

     The application of KENNETH KIRSCHENBAUM states:

 

            1.         I am the trustee herein appointed on or about                , 2003.

            2.        The services of an attorney are required to enable me to perform properly as trustee.

            3.         Specifically, the retention of                 is necessary in connection with the following matters:

(a)  at the time of filing the debtor held a claim for personal injuries which (s)he sustained prior to the filing of the petition.

(b)  that on             , 2003, the debtor retained                                       as counsel to investigate his claim and represent him in the prosecution of the action.  Because of the involvement of                in this matter to the present time, I desire to retain them as special counsel to handle all aspects of the personal injury claim, including the commencement and prosecution of a lawsuit in the state court.

            (c)  I believe that the personal injury claim is a meritorious one and will produce a

benefit for the estate.  I further believe that the interests of the estate and the creditors would best be served if special counsel was retained on a one-third contingency fee basis after the reimbursement of expenses.  The original retainer agreement executed by the debtor provides for compensation on a one-third contingency basis after the reimbursement of expenses.  A copy of the retainer agreement is annexed hereto as Exhibit A. 

(d)  I have reviewed the pleadings and have spoken to                      , Esq., who is familiar with this matter.  I believe that the administration of the personal injury claim will result in a distribution to unsecured creditors.

            4.         To the best of my knowledge, information and belief, no member, associate or

employee of                   has any connection with any of the creditors of the estate, their respective attorneys, or other party in interest, they represent no interest adverse to the estate, and they are disinterested persons as that term is defined in Section 101(14) of the Bankruptcy Code.

5.                  Based on the foregoing, the trustee submits that the employment of                    as

special counsel to the trustee in connection with the personal injury claim would be in the best interest of the estate and the creditors herein.

            6.         No prior application for the relief requested herein has been made.

           Wherefore, Applicant prays for an order authorizing the retention of                  , as special counsel to the trustee, together with such other and further relief as this Court may deem just and proper.

Dated: Garden City, New York

                               , 2003       

                                                                        _________________________________                                                                                          KENNETH KIRSCHENBAUM, Trustee

                                                                        200 Garden City Plaza

                                                                        Garden City, New York 11530

                                                                        (516) 747-6700

 

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