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Filed 06/11/12
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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. Chapter 11 Case No. 11-22820 (RDD)
ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF STEWART MCKELVEY AS CANADIAN LEGAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Upon consideration of the Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Stewart McKelvey as Canadian Legal Counsel to the Official Committee of Unsecured Creditors, dated May 24, 2012 [Docket No. 333] (the Application),1 filed by the Official Committee of Unsecured Creditors appointed in the above-captioned case (the Committee); and upon the Declaration of Dan Boone, dated May 22, 2012 (the Boone Declaration) in support of the Application; and the Court being satisfied based on the representations made in the Application and in the Boone Declaration that Stewart McKelvey neither holds nor represents an interest adverse to the Debtors estates with respect to the matters upon which it is to be engaged, that it is a disinterested person as that term is defined in section 101(14) of the Bankruptcy Code, as modified by section 1103(b) of the Bankruptcy Code, and that its proposed employment by the Committee is necessary; and the Court having jurisdiction to consider the Application and the relief requested therein pursuant to 28 U.S.C. 157 and 1334(b); and this matter being a core proceeding pursuant to 28 U.S.C. 157(b)(2); and venue being proper in this District pursuant to 28 U.S.C. 1408 and 1409; and it appearing that the relief requested in the Application is in the
1
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Application.
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best interests of the Committee, the Debtors and other parties in interest; and the Committee having provided adequate and appropriate notice of the Application under the circumstances; and after due deliberation and good and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. 2. The Application is GRANTED as set forth herein. In accordance with sections 328, 504, and 1103 of the Bankruptcy Code,
Bankruptcy Rules 2014 and 2016 and Local Bankruptcy Rules 2014-1 and 2016-1, the Committee is authorized to employ and retain Stewart McKelvey as its Canadian legal counsel on the terms set forth in the Application and the Boone Declaration. 3. Stewart McKelvey shall apply for compensation for professional services
rendered and reimbursement of expenses incurred in connection with the Debtors chapter 11 cases in compliance with the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, the U.S. Trustee Guidelines, and any other applicable procedures and orders of this Court, including General Order M-389 and the Order Granting Debtors Motion to Establish Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals [Docket No. 64], and such other orders as this Court may direct. 4. Stewart McKelvey is authorized to render professional services to the
Committee as described in the Application. 5. Stewart McKelvey shall provide notice to the Court of any adjustments of
its hourly rates, and shall serve such notice upon the U.S. Trustees, the Debtors, and members of the Committee. 6. The Committee and Stewart McKelvey are authorized and empowered to
take all actions necessary to implement the relief granted in this Order.
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7.
The terms and conditions of this Order shall be immediately effective and
enforceable upon its entry. 8. This Court shall retain jurisdiction with respect to all matters arising from
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