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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 109 Filed 07/27/20 Entered 07/27/20 15:11:53 Desc Main <br /> Document Page 6 of 8 <br /> c. neither FBT nor any attorney at FBT is or was, within two years before the <br /> Petition Date, a director, officer, or employee of any Debtor; and, <br /> d. FBT does not have an interest materially adverse to the interest of any Debtors' <br /> estate or of any class of creditors or equity security holders, by reason of any <br /> direct or indirect relationship to, connection with, or interest in any Debtor, or <br /> for any other reason. <br /> 14. In light of the foregoing, the Debtors believe that FBT is a "disinterested person" <br /> within the meaning of section 101(14) of the Bankruptcy Code. FBT has informed the Debtors <br /> that if any of the foregoing statements and representations change during the course of these cases, <br /> FBT will amend this Application and/or the Lutz Declaration, as applicable. <br /> 15. To handle conflicts,the Debtors will seek to retain the law firm of Whiteford Taylor <br /> Preston LLP as conflicts counsel. <br /> PROFESSIONAL COMPENSATION <br /> 16. The terms of the employment of FBT, as agreed to by the Debtors and subject to <br /> the approval of this Court, are that certain attorneys and other personnel within the firm will <br /> undertake this representation at their standard hourly rates. A list of attorneys and other <br /> professionals at FBT that will be primarily involved with the representation of the Debtors and <br /> their current hourly rates is attached as Attachment 2 to the Lutz Declaration. <br /> 17. These hourly rates are subject to periodic adjustments to reflect economic and other <br /> conditions,and to reflect their increased experience and expertise in this area of the law. FBT may <br /> make periodic applications for interim compensation. At the completion of the case, FBT may <br /> make application to this Court for an enhancement of fees above their designated hourly rates, to <br /> be awarded only if the Court finds that FBT is entitled to such an enhancement based on the results <br /> of the case. "In evaluating requests for a fee enhancement,bankruptcy courts have core jurisdiction <br /> under 11 USC § 330 to determine the allowance of all fees." In re Gencor Indus., Inc., 286 B.R. <br /> 170, 176 (Bankr. M.D. Fla. 2002). <br /> 6 <br />
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