03/24/2008 397 Proposed Order submitted by Philip Hanrahan (RE: related document(s)367 Objection, filed by U.S. Trustee U.S. Trustee, 361 Application for Administrative Expenses/Compensation, filed by Trustee Kenneth C. Henry). (Hanrahan, Philip) (Entered: 03/24/2008)
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Doc 397
IN RE:
CASE NO. 07-50935
(Judge Howard)
CHAPTER 11
PRO MOLD, INC.
(Debtor)
ORDER REGARDING OBJECTION OF THE UNITED STATES TRUSTEE TO THE AMENDED SECOND INTERIM COMPENSATION APPLICATION OF KENNETH HENRY
This matter came before the Court on the Amended Second Interim Application for Compensation and Reimbursement of Expenses for Kenneth C. Henry, Chapter 11 Trustee: Memorandum of Points and Authorities; and Declaration of Kenneth C. Henry in Support Thereof (the “Amended Application”) (Document No. 361) and the Objection filed by Richard F. Clippard, United States Trustee, (“United States Trustee”) by counsel related thereto (Document No. 367) (the “Objection”). The Court having held a hearing on the Amended Application and the Objection, the Court having considered the arguments of Counsel, the Court having reviewed the record and being otherwise sufficiently advised, it is hereby ORDERED AND ADJUDGED AS FOLLOWS:
1. The Objection is SUSTAINED to the extent the Objection sought to exclude from the Trustee Commission calculation the $685,000 related to the foreclosure sale.
2. The remainder of the Objection is CONTINUED to allow Kenneth C. Henry (the “Chapter 11 Trustee”) the opportunity to address and accomplish the following:
A. Filing of outstanding Monthly Financial Reports for December 2007, January 2008 and February 2008;
B. Making adequate and sufficient arrangements regarding the tax returns and tax status of the Debtor; and
C. Causing the Debtor to pay all outstanding United States Trustee Fees (through 4th quarter 2007).
3. Upon the completion of the above-noted items, the Chapter 11 Trustee may file and Notice an Amended and Supplemented Fee Application.
4. Counsel for the United States Trustee shall serve a copy of this Order on those parties who receive electronic notice in this case. Notice as set forth herein constitutes adequate and sufficient notice and no additional notice need be given.
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 Trustee
100 East Vine St., Suite 500
Lexington, KY 40507
And
upon those parties who receive electronic notice in this case |
