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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------X In the Matter of Chapter 7 Case No. , Debtor. ---------------------------------------------------------X
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 ---------------------------------------------------------X In the Matter of Chapter 7 TERESA G. SHANKS, Case No. 01-85814 DTE Debtor. ---------------------------------------------------------X 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 ---------------------------------------------------------X In the Matter of Chapter 7 TERESA G. SHANKS, Case No. Debtor. ---------------------------------------------------------X 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 |