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2020-07-28_GENERAL DOCUMENTS - C1980004
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2020-07-28_GENERAL DOCUMENTS - C1980004
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Last modified
1/8/2025 6:27:13 AM
Creation date
7/29/2020 9:16:27 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980004
IBM Index Class Name
General Documents
Doc Date
7/28/2020
Doc Name Note
Case No. 20-12043 (GRH) Hopedale Mining LLC
Doc Name
Bankruptcy Notice
From
E11 USCpiq Corporate Restructuring, LLC
To
DRMS
Permit Index Doc Type
General Correspondence
Email Name
JRS
JDM
GRM
CMM
CCW
Media Type
D
Archive
No
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Case 1:20-bk-12043 Doc 107 Filed 07/27/20 Entered 07/27/20 15:07:21 Desc Main <br /> Document Page 10 of 13 <br /> for the previous month, which report would include the names and tasks filled by all Engagement <br /> Personnel involved in this matter. The Staffing Report (and Cambio's staffing for this matter) <br /> would be subject to review by the Court in the event so requested by any of the Notice Parties. <br /> 27. Cambio received $120,000 as a retainer in connection with preparing for and <br /> conducting the filing of these Chapter 11 cases, as described in the Engagement Letter. In the 90 <br /> days prior to the Petition Date, Cambio received payments totaling approximately $119,000 in <br /> the aggregate for services performed for the Debtors. Cambio has applied these funds to amounts <br /> due for services rendered prior to the Petition Date. <br /> 28. A precise disclosure of the amounts or credits held, if any, as of the Petition Date <br /> will be provided in Cambio's first report filed regarding compensation earned and expenses <br /> incurred. The unapplied residual retainer, which is estimated to total approximately $120,000, <br /> and will be held until the end of these Chapter 11 cases and applied to Cambio's finally approved <br /> fees in these proceedings, unless an alternate arrangement is agreed to by the Debtors. <br /> 29. Given the numerous issues which the Engagement Personnel may be required to <br /> address in the performance of their services, Cambio's commitment to the variable level of time <br /> and effort necessary to address all such issues as they arise, and the market prices for such <br /> services for engagements of this nature in an out-of-court context, as well as in chapter 11, the <br /> Debtors submit that the fee arrangements set forth in the Engagement Letter are reasonable. <br /> APPLICABLE AUTHORITY <br /> 30. The Debtors seek approval of the employment of Cambio pursuant to section 363 <br /> of the Bankruptcy Code, nunc pro tunc to the Petition Date. Section 363(b)(1) of the Bankruptcy <br /> Code provides in relevant part that "[t]he trustee, after notice and a hearing, may use, sell, or <br /> lease, other than in the ordinary course of business, property of the estate." 11 U.S.C. § <br /> 363(b)(1). Further, pursuant to section 105(a) of the Bankruptcy Code, the "court may issue any <br /> 10 <br />
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