11/16/2007 313 Agreed Order Regarding Fee Application of Wyatt, Tarrant & Combs, LLP (RE: related document(s)281 Application for Administrative Expenses/Compensation, filed by Debtor Plasticon International, Inc.). (baa) (Entered: 11/16/2007)
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Doc 313
In re:
Case No. 07-50934
Chapter 11
PLASTICON INTERNATIONAL, INC
Debtor
AGREED ORDER REGARDING FEE APPLICATION OF WYATT, TARRANT & COMBS, LLP
Richard F. Clippard, United States Trustee, (“United States Trustee”) by counsel, and Wyatt, Tarrant & Combs, LLP (“WTC”), by counsel, being in agreement as evidenced by their signatures below regarding the (First and) Final Application of Wyatt, Tarrant & Combs, LLP, for Allowance of Professional Fees and Reimbursement of Expenses (the “Fee Application”), Document No. 281, the Court having reviewed the record and being otherwise sufficiently advised, it is hereby AGREED, ORDERED AND ADJUDGED AS FOLLOWS:
1. WTC hereby waives its claim to any fees in this case including but not limited to the request for fees set forth in the Fee Application.
2. The United States Trustee agrees not to object to WTC’s request for reimbursement of expenses as set forth in the Fee Application in the amount of $3,463.54.
3. In the event any other party files an objection to the Fee Application, this Agreed Order shall be null and void and the United States Trustee shall have through and including December 4, 2008 to file an Objection to the Fee Application.
4. Pursuant to the Court’s Order dated August 27, 2007, (Document No. 175) (the “WD Employment Order”), after paying itself the $3,463.54 set forth above and after paying itself the amount set forth in the Fee Application Agreed Order in the Pro Mold Chapter 11 case (Case No. 07-50935 currently pending before this Court), WTC shall pay the remaining balance of the funds WTC is currently holding as a retainer in this case to the law firm of Wise Delcotto (“WD”) as set forth in the WD Employment Order. WD shall hold all such amounts in escrow pending the entry of further Orders of this Court determining the matters more particularly described in the WD Employment Order and the Order as to Security Retainer dated October 31, 2007 (the “Security Order”), the terms of both of which are incorporated herein by reference. Nothing in this Agreed Order shall be deemed as determining the issues set forth in the WD Employment Order and/or the Security Order.
5. Pursuant to Bankruptcy Rule 7054, this is a final and appealable Order. There is no just reason for delay and the Clerk is directed to enter this Order.
6. The United States Trustee shall serve a copy of this Agreed Order on the parties set forth below. Service as set forth constitutes adequate and sufficient notice in light of the relief granted.
HAVE SEEN AND AGREED TO:
Richard F. Clippard
United States Trustee
By Counsel
/s/ Philip L. Hanrahan
Philip L. Hanrahan
Trial Attorney
100 East Vine St., Suite 500
Lexington, KY 40507
(859) 233-2822
/s/ Robert J. Brown, by PLH per authorization
Robert J. Brown
Wyatt, Tarrant & Combs, LLP
250 West Main Street, Suite 1600
Lexington, KY 40507-1746
(859) 233-2012
On behalf of WTC
Pursuant to Local Rule 9022-1(c), The U.S. Trustee shall cause a copy of this Order to be served on each of the parties designated to receive this Order pursuant to Local Rule 9022-1(a) and shall file with the court a certificate of service of the Order upon such parties within ten (10) days hereof.
Copies to:
Philip L. Hanrahan (To Serve)
Trial Attorney
Office of the United States Attorney
100 E. Vine St., Suite 500
Lexington, KY 40507
And on those parties who receive electronic notice in this case
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The affixing of this Court's electronic seal below is proof this document has been signed by the Judge and electronically entered by the Clerk in the official record of this case.
Signed By:
William S. Howard
Bankruptcy Judge
Dated: Friday, November 16, 2007
(wsh) |
