UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of Chapter 7

Case No.

,

Debtor.

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ORDER AUTHORIZING RETENTION OF COUNSEL TO TRUSTEE

Upon the annexed application of KENNETH KIRSCHENBAUM, trustee in the

above case, dated September 14, 2001, for an order authorizing the

employment of KIRSCHENBAUM & KIRSCHENBAUM, P.C. as the trustee's

attorneys under a general retainer and the Court being satisfied that

said attorneys do not represent or hold any interest adverse to the

estate with respect to the matters upon which they are to be engaged,

that they are disinterested persons under Sections 101 and 327 of Title

11, United States Code, that their employment is necessary and would be

in the best interests of the estate, and sufficient cause appearing

therefore, it is

ORDERED, that KENNETH KIRSCHENBAUM, trustee, is hereby authorized to

employ and retain the firm of KIRSCHENBAUM & KIRSCHENBAUM, P.C., as

attorneys for the trustee to perform services as requested by the

trustee, with such compensation as is approved by the Court.

Dated: Central Islip, New York

September ____, 2001

DOROTHY T. EISENBERG

UNITED STATES BANKRUPTCY JUDGE

NO OBJECTION:

OFFICE OF U.S. TRUSTEE

BY:

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of

Chapter 7

TERESA G. SHANKS, Case No. 01-85814 DTE

Debtor.

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APPLICATION FOR AN ORDER AUTHORIZING

THE RETENTION OF COUNSEL TO TRUSTEE

TO: DOROTHY T. EISENBERG

UNITED STATES BANKRUPTCY JUDGE:

The application of KENNETH KIRSCHENBAUM states:

1. I am the trustee herein appointed on or about , 2001, and a member of

KIRSCHENBAUM & KIRSCHENBAUM, P.C.

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

properly as trustee.

3. Specifically, the retention of attorneys is necessary in connection

with the following matters:

(a)

(b) to examine proofs of claim for legal sufficiency and, if necessary,

to file motions objecting to any improperly filed claims and to make any

necessary court appearances in connection with any claims litigation; and

(c) advising the trustee and preparing documents in connection with the

liquidation and administration of any other assets of the estate.

4. I desire to retain KIRSCHENBAUM & KIRSCHENBAUM, P.C., as my attorneys

under a general retainer to perform the above described services as well

as other services which may be required, which services are beyond the

customary duties performed by the trustee.

5. The members and associates of KIRSCHENBAUM & KIRSCHENBAUM, P.C. do not

have any connection with the debtor, its creditors or any other party in

interest, represent no interest adverse to the estate, and are

disinterested persons as that term is defined in Section 101 (14) of the

Bankruptcy Code.

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

WHEREFORE, your Applicant requests an order authorizing the retention of

KIRSCHENBAUM & KIRSCHENBAUM, P.C. as attorneys under a general retainer

and to apply for a reasonable fee to be fixed by the court.

Dated: Garden City, New York

, 2001

KENNETH KIRSCHENBAUM, Trustee

200 Garden City Plaza

Garden City, New York 11530

(516) 747-6700

 

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF NEW YORK

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In the Matter of

Chapter 7

TERESA G. SHANKS, Case No.

Debtor.

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AFFIRMATION

KENNETH KIRSCHENBAUM, an attorney admitted to practice in the courts of

the State of New York and in this court affirms the following to be true

under penalty of perjury:

1. The undersigned is the attorney who will bear primary responsibility

for the representation whose authority is sought herein.

2. That the undersigned has read and is generally familiar with: The

Bankruptcy Code together with current amendments, The Bankruptcy Rules,

and The Local Rules of this Court.

3. That the undersigned is competent to represent the interest of the

entity on whose behalf representation is now sought in all proceedings

now pending or which may reasonably be expected.

4. The statements made in the annexed application are true to the best of

my knowledge, information, and belief; that no agreement or understanding

exists between your deponent and any other person for a division of

compensation, and your deponent has fully complied with all requirements

and has not violated 11 U.S.C. Section 504 or 18 U.S.C. Section 155.

5. The members and associates of Kirschenbaum & Kirschenbaum, P.C. do not

have any connection with the debtor, its creditors or any other party in

interest, represent no interest adverse to the estate, and are

disinterested persons as that term is defined in Section 101(14) of the

Bankruptcy Code.

6. Partners of Kirschenbaum & Kirschenbaum , P.C. will bill the estate at

their usual hourly rate of $225.00 to $300.00 per hour, depending upon

the partner rendering services, and associates will bill the estate at

their usual hourly rate of $125.00 to $250.00 per hour depending upon the

associate rendering the services.

Dated: Garden City, New York

, 2001

KIRSCHENBAUM & KIRSCHENBAUM, P.C.

 

By: KENNETH KIRSCHENBAUM, Esq.

200 Garden City Plaza

Garden City, N.Y. 11530

(516) 747-6700