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11-22820-rdd

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Entered 11/01/11 16:16:54 Pg 1 of 2

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Chapter 11 In re: Case No. 11-22820 (RDD) THE CHRISTIAN BROTHERS INSTITUTE, et al., (Jointly administered) Debtors.

ORDER AUTHORIZING THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS TO OBTAIN DISCOVERY PURSUANT TO BANKRUPTCY RULE 2004 This matter coming before the Court on the Motion of the Official Committee of Unsecured Creditors (the Committee) of The Christian Brothers Institute and Christian Brothers of Ireland, Inc. (the Debtors) for entry of an order authorizing the examination, pursuant to Bankruptcy Rule 2004, of the Debtors and certain entities affiliated with, related to, or associated with the Debtors(the Motion);1 and there being due and sufficient notice of the Motion; and upon the statement on the Debtors in response to the Motion; and upon the record of the hearing held on the Motion by the Court on October 25, 2011; and the Court having found that (i) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334, (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and (iii) notice of the Motion as described in the Motion was proper under the circumstances; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and after due deliberation and good and sufficient cause appearing therefor, it is hereby ORDERED that 1. The Motion is GRANTED.

1 Capitalized terms not defined herein shall have the meanings ascribed to them in the Motion.

DOCS_NY:25781.1

11-22820-rdd

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2.

The Committee is authorized toseek examinations, in its discretion, of the

Discovery Parties with respect to Investigation Material pursuant to Bankruptcy Rule 2004 substantially as described in the Requests attached as Exhibits H through M to the Motion. 3. The Committee is authorized to issue subpoenas directing production of

the Investigation Material pursuant to Rule 2004 on each of the Discovery Parties. 4. The Committee is authorized to issue subpoenas on any person or entity,

including the Discovery Parties, for oral examination with respect to the subject matter of the Investigation Material. The Committee may serve subpoenas authorized by their Order by any means authorized by the Bankruptcy Rules. 5. The Committee may issue other discovery requests and subpoenas as may

be necessary to accomplish the discovery authorized by this Order. The Committee shall serve a copy of this Order to any person or entity served with a subpoena issued pursuant to this Order. 6. Nothing contained herein shall prejudice the Committees rights under

Bankruptcy Rule 2004 and other applicable laws to seek further document production and written and oral examinations in connection with these Cases. 7. The relief granted herein is without prejudice to the right of any Discovery

Party to assert an applicable privilege with respect to a particular document response or examination question, which assertion shall be accompanied by a proper privilege log, or to make a motion to quash on applicable grounds. 8. The Court shall retain jurisdiction to hear and determine all matters arising

from or related to the implementation of this Order. Dated: White Plains, New York October 31, 2011 /s/Robert D. Drain THE HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE

DOCS_NY:25781.1

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