Case: JMD Doc #: 295 Filed: 03/02/12 Desc: Main Document Page 1 of 5

Transcription

1 Case: JMD Doc #: 295 Filed: 03/02/12 Desc: Main Document Page 1 of 5 Steven C. Reingold (BNH 06128) JAGER SMITH P.C. One Financial Center Boston, Massachusetts telephone: (617) facsimile: (617) sreingold@jagersmith.com Counsel to the Official Committee of Unsecured Creditors UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE ) In re ) Chapter 11 ) KINGSBURY CORPORATION et al., 1 ) Case No JMD ) Debtors. ) Jointly Administered ) FIRST INTERIM APPLICATION OF JAGER SMITH P.C., COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS, FOR ALLOWANCE AND PAYMENT OF COMPENSATION FOR SERVICES RENDERED AND FOR REIMBURSEMENT OF EXPENSES Jager Smith P.C. ( Jager Smith ) 2 hereby submits this First Interim Application of Jager Smith P.C., Counsel to the Official Committee of Unsecured Creditors, for Allowance and Payment of Compensation for Services Rendered and for Reimbursement of Expenses (this Application ) pursuant to Sections 105, 330 and 331 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code ), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and Rule of the Local Bankruptcy Rules of the 1 The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Kingsbury Corporation (9934), Ventura Industries, LLC (2563) and Donson Group, Ltd. (4306). 2 Capitalized terms used but not defined herein or in the exhibits hereto shall have the meanings ascribed to them in the Affidavit of Iris A. Mitropoulis in Support of First Day Motions [ECF No. 12] _1

2 Case: JMD Doc #: 295 Filed: 03/02/12 Desc: Main Document Page 2 of 5 United States Bankruptcy Court for the District of New Hampshire (the Local Bankruptcy Rules ), and requests that the Court enter an order, substantially in the form submitted herewith as Exhibit A, approving the attorneys fees in the amount of $69,132.50, and the actual and necessary expenses in the amount of $942.46, incurred during the period from October 19, 2011 to February 29, 2012 in connection with its serving as counsel to the Official Committee of Unsecured Creditors (the Committee ) of Kingsbury Corporation and its affiliated debtors (collectively, the Debtors ), and authorizing the payment to Jager Smith of such amounts. In accordance with Local Bankruptcy Rule (e)(1), submitted herewith as Exhibit B is Local Bankruptcy Form B, which provides a recap of data pertinent to this Application. In further support of this Application, Jager Smith states as follows: Jurisdiction, Venue and Basis for Relief Sought 1. This Court has jurisdiction to consider this Application pursuant to 28 U.S.C. 157 and Venue is proper pursuant to 28 U.S.C and This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2). 2. The statutory predicates for the relief sought herein are Sections 105, 330 and 331 of the Bankruptcy Code, Bankruptcy Rule 2016 and Local Bankruptcy Rule Pertinent Procedural History and Factual Background 3. On September 30, 2011, Kingsbury and Ventura filed Voluntary Petitions for relief under Chapter 11 of the Bankruptcy Code, and on October 3, 2011, Donson filed a Voluntary Petition for relief under Chapter 11 of the Bankruptcy Code. For a period of time, the Debtors continued in the possession of their assets and in the operation of their businesses as debtors-in-possession pursuant to Sections 1107 and 1108 of the Bankruptcy Code _1 2

3 Case: JMD Doc #: 295 Filed: 03/02/12 Desc: Main Document Page 3 of 5 4. On October 6, 2011, the Court entered an order [ECF No. 74] granting the Debtors request that these cases be jointly administered. 5. On October 18, 2011, the United States Trustee appointed the Committee [ECF No. 113] to represent the interests of all unsecured creditors of the Debtors, and on October 19, 2011, the Committee selected Jager Smith to serve as its counsel in these cases. 6. On October 26, 2011, the Committee filed the Application of the Official Committee of Unsecured Creditors for an Order Authorizing the Employment of Jager Smith P.C. as Counsel Nunc Pro Tunc to October 19, 2011 [ECF No. 128] (the Jager Smith Employment Application ). The Jager Smith Employment Application was accompanied by the Affidavit of Steven C. Reingold (the Reingold Affidavit ), which the Committee submitted in support of the Jager Smith Employment Application pursuant to Bankruptcy Rule 2014(a). 7. No objections to the Jager Smith Employment Application were filed, and on October 27, 2011, the Court entered the Order Authorizing Employment of Jager Smith P.C. as Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to October 19, 2011 [ECF No. 141] (the Jager Smith Employment Order ). Amongst other things, the Jager Smith Employment Order, a copy of which is submitted herewith as Exhibit C in accordance with Local Bankruptcy Rule (e)(2)(A), authorized the Committee to employ Jager Smith as its counsel in these cases on the terms and conditions set forth in the Jager Smith Employment Application and the Reingold Affidavit, nunc pro tunc to and effective as of October 19, The Application 8. Jager Smith makes this Application pursuant to Sections 105, 330 and 331 of the Bankruptcy Code, Bankruptcy Rule 2016 and Local Bankruptcy Rule _1 3

4 Case: JMD Doc #: 295 Filed: 03/02/12 Desc: Main Document Page 4 of 5 9. Jager Smith has made no previous application for compensation for services rendered or for reimbursement of expenses in these cases. 10. As is noted above, pursuant to this Application, Jager Smith seeks an order approving the fees in the amount of $69,132.50, and the actual and necessary expenses in the amount of $942.46, incurred during the period from October 19, 2011 to February 29, 2012 in connection with its serving as counsel to the Committee, and authorizing the payment to Jager Smith of such amounts. 11. All legal services performed by Jager Smith were performed for and on behalf of the Committee, and not on behalf of any creditor or other person or entity. 12. Pursuant to Local Bankruptcy Rule (e)(2)(B) and Local Bankruptcy Rule (e)(2)(C), submitted herewith as Exhibits D-1 through D-6 and D-8 through D-11 are descriptions of the services rendered by Jager Smith, which are divided into project categories as utilized by Jager Smith. 3 Each such category includes a detailed, daily description of the services by each individual with respect to whom compensation is sought, as compiled from time records maintained by Jager Smith in the ordinary course, and a summary chart identifying each individual and showing the total number of hours spent, the billing rate and the amount of compensation requested for each individual. Jager Smith submits that the services detailed therein were necessary to the administration of the Debtors cases and benefited the Debtors estates and the unsecured creditors whose interests the Committee represents. 13. In accordance with Local Bankruptcy Rule (f), submitted herewith as Exhibit D-7 is a detailed, daily description of the expenses incurred by or billed to Jager Smith 3 Exhibit D-10 is intentionally omitted _1 4

5 Case: JMD Doc #: 295 Filed: 03/02/12 Desc: Main Document Page 5 of 5 during the period covered by this Application, which such expenses Jager Smith incurred in connection with its representation of the Committee in these cases. 14. No agreement or understanding exists for the sharing of compensation other than with members, counsel or associates of Jager Smith. Conclusion 15. For the reasons set forth herein, and for any other reasons the Committee may state on the record at the hearing to be held in respect of this Application, Jager Smith requests that the Court enter an order, substantially in the form submitted herewith as Exhibit A, approving the attorneys fees in the amount of $69,132.50, and the actual and necessary expenses in the amount of $942.46, incurred during the period from October 19, 2011 to February 29, 2012 in connection with its serving as counsel to the Committee, and authorizing the payment to Jager Smith of such amounts. Dated: March 2, 2012 JAGER SMITH P.C. /s/ Steven C. Reingold Steven C. Reingold (BNH 06128) One Financial Center Boston, Massachusetts telephone: (617) facsimile: (617) sreingold@jagersmith.com Counsel to the Official Committee of Unsecured Creditors _1 5

6 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit A Page 1 of 3 EXHIBIT A

7 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit A Page 2 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE ) In re ) Chapter 11 ) KINGSBURY CORPORATION et al., 1 ) Case No JMD ) Debtors. ) Jointly Administered ) ORDER GRANTING FIRST INTERIM APPLICATION OF JAGER SMITH P.C., COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS, FOR ALLOWANCE AND PAYMENT OF COMPENSATION FOR SERVICES RENDERED AND FOR REIMBURSEMENT OF EXPENSES UPON CONSIDERATION of the First Interim Application of Jager Smith P.C., Counsel to the Official Committee of Unsecured Creditors, for Allowance and Payment of Compensation for Services Rendered and for Reimbursement of Expenses (the Application ) 2 filed by Jager Smith P.C. with respect to professional services rendered and expenses incurred during the period from October 19, 2011 through February 29, 2012 in connection with its services as counsel to the Official Committee of Unsecured Creditors (the Committee ) of Kingsbury Corporation and its affiliated debtors (collectively, the Debtors ); and a hearing having been held before this Court to consider the Application on March 26, 2012; and notice of the Application having been given pursuant to Rules 2002(a)(6) and 2002(c)(2) of the Federal Rules of Bankruptcy Procedure; and due consideration having been given to any responses thereto; and sufficient cause having been shown therefor; it is hereby ORDERED that the Application is GRANTED as is set forth herein; and it is further 1 The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Kingsbury Corporation (9934), Ventura Industries, LLC (2563) and Donson Group, Ltd. (4306). 2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Application _1

8 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit A Page 3 of 3 ORDERED that the fees in the amount of $69,132.50, and the actual and necessary expenses in the amount of $942.46, incurred by Jager Smith during the period from October 19, 2011 to February 29, 2012 in connection with its serving as counsel to the Committee are hereby approved; and it is further ORDERED that the Debtors are authorized and directed to pay the amounts set forth in the preceding paragraph to Jager Smith within days of the date of this order; and it is further ORDERED that the Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this order. Dated: Manchester, New Hampshire J. Michael Deasy United States Bankruptcy Judge _1 2

9 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit B Page 1 of 2 EXHIBIT B

10 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit B Page 2 of 2 ANNEX 2 REQUEST FOR INTERIM FEE AND EXPENSE ALLOWANCE FEES: Applicant Jager Smith P.C. Representing Official Committee of Unsecured Creditors 1. Interim Fee Request Number 1 2. Interim Period Involved / / to / / Hours of Services Performed this Period Total Interim Fee Allowances to Date $ Interim Fee Request this Period $ 69, Average Hourly Rate this Period $ Any Uncredited Retainer as of this Date $ 0.00 EXPENSES: 1. Interim Expense Request Number 1 2. Total Expense Reimbursements to Date $ Interim Expense Request this Period $ Breakdown of Item No. 3 Total: a. Travel Expense $ b. Postage $ c. Photocopies (max. 10 /pg.) $ d. Express Mail/Messenger $ 0.00 e. Overtime Charges $ 0.00 f. Other Expenses (Itemize): Hearing Transcript Telephone Computer-Assisted Legal Research $ $ $ LBF B (Eff. 12/1/09)

11 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit C Page 1 of 3 EXHIBIT C

12 Case: Case: JMD Doc Doc #: 141 #: Filed: Filed: 10/27/11 03/02/12 Desc: Desc: Main Exhibit Document C Page Page 2 of 1 3of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE ) In re ) Chapter 11 ) KINGSBURY CORPORATION et al., 1 ) Case No JMD ) Debtors. ) Jointly Administered ) ORDER AUTHORIZING EMPLOYMENT OF JAGER SMITH P.C. AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO OCTOBER 19, 2011 THIS MATTER having come before the Court upon the Application of the Official Committee of Unsecured Creditors for an Order Authorizing the Employment of Jager Smith P.C. as Counsel Nunc Pro Tunc to October 19, 2011 (the Application ), pursuant to which the Official Committee of Unsecured Creditors (the Committee ) of Kingsbury Corporation and its affiliated debtors (collectively, the Debtors ) seeks an order pursuant to Section 1103 of Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the Bankruptcy Code ), Rule 2014(a) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and Rule of the Local Bankruptcy Rules of the United States Bankruptcy Court for the District of New Hampshire (the Local Bankruptcy Rules ), authorizing the Committee to employ the law firm of Jager Smith P.C. ( Jager Smith ) as its counsel nunc pro tunc to and effective as of October 19, 2011; and upon consideration of the Affidavit of Steven C. Reingold (the Affidavit ) submitted with the Application; and the Court being satisfied that, except as otherwise may be set forth in the Affidavit, Jager Smith represents no interest adverse to the Debtors estates with 1 The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Kingsbury Corporation (9934), Ventura Industries, LLC (2563) and Donson Group, Ltd. (4306) _1

13 Case: Case: JMD Doc Doc #: 141 #: Filed: Filed: 10/27/11 03/02/12 Desc: Desc: Main Exhibit Document C Page Page 3 of 2 3of 2 respect to the matters upon which the firm is to be engaged, and that the employment of Jager Smith is necessary and in the best interests of the Committee; and notice of the Application having been given to (i) counsel to the Debtors; (ii) the Office of the United States Trustee; (iii) the members of the Committee; and (iv) those persons who have formally appeared and requested service in these cases pursuant to Bankruptcy Rule 2002; and no other notice being required; and after due deliberation and sufficient cause appearing therefor, it is ORDERED that the Application is GRANTED as set forth herein; and it is further ORDERED that the Committee is authorized to employ Jager Smith as its counsel in these cases on the terms and conditions set forth in the Application and the Affidavit, nunc pro tunc to and effective as of October 19, 2011; and it is further ORDERED that the compensation to be paid to Jager Smith for professional services rendered, and the reimbursement of expenses incurred, shall be as determined by this Court upon the filing and approval of interim and final applications pursuant to the Bankruptcy Code, the Bankruptcy Rules, the Local Bankruptcy Rules and the terms of any order that may be entered governing compensation of professionals in these cases; and it is further ORDERED that this Court shall retain jurisdiction over any and all matters arising from or relating to the interpretation or implementation of this order. Dated: Manchester, New Hampshire, 2011 October 27, 2011 /s/ J. Michael Deasy J. Michael Deasy United States Bankruptcy Judge _1 2

14 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-1 Page 1 of 5 EXHIBIT D-1 Project Category No. 1: Asset Analysis and Recovery

15 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-1 Page 2 of 5 Project Category No. 1: Asset Analysis and Recovery For purposes of this Application, Jager Smith has included in this category, amongst other things, time spent preparing and negotiating the terms of a Confidentiality and Non- Disclosure Agreement for the Debtors, the Committee and their respective professionals, which governed the Committee s access to and use of certain confidential information of the Debtors, as well as time spent discussing the same with the members of the Committee. Jager Smith has also included in this category time spent developing requests for documents and information from the Debtors and their professionals, time spent conferring with the Debtors counsel regarding those requests, and time spent reviewing and analyzing the documents that the Debtors produced. In addition, Jager Smith has included in this category time spent on behalf of the Committee conducting an investigation into the nature and extent of the Debtors acts, conduct, assets, liabilities and financial condition and other matters relevant to these cases under Section 1103 of the Bankruptcy Code, including but not limited to potential claims and causes of action of the Debtors estates against Diamond, one of the Debtors secured lenders. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $7, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 0.40 $ $ Steven C. Reingold (SCR) 4.20 $ $1,575.00

16 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-1 Page 3 of 5 Associates Brendan C. Recupero (BCR) $ $5,297.50

17 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-1 Page 4 of 5

18 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-1 Page 5 of 5

19 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 1 of 7 EXHIBIT D-2 Project Category No. 2: Asset Disposition

20 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 2 of 7 Project Category No. 2: Asset Disposition Jager Smith has included in this category time spent focusing upon the Debtors efforts to liquidate substantially all of Kingsbury s assets, including but not limited to its personal property and real estate. To that end, Jager Smith regularly conferred with the Committee s financial advisors, counsel to the Debtors and counsel to certain of the Debtors creditors concerning various aspects of the liquidation, reviewed the materials that the Debtors made available to prospective purchasers, reviewed and commented regarding the Debtors pleadings and documents relating to the sale process, and communicated with the Committee regarding the foregoing. In addition, Jager Smith has included in this category time spent reviewing the objections that were filed to the Debtors bid procedures and sale motions, drafting and revising an objection to the sale motion on behalf of the Committee, and discussing the latter, as well as the interested parties negotiations that led the Committee to refrain from filing the same, with the Debtors counsel. Jager Smith has also included in this category time spent attending the hearings held in respect of the Debtors sale efforts. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $16, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 3.80 $ $1, Steven C. Reingold (SCR) $ $7,350.00

21 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 3 of 7 Associates Brendan C. Recupero (BCR) $ $6, Paraprofessionals Vanessa P. Flavin (VPF) 0.20 $ $25.00

22 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 4 of 7

23 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 5 of 7

24 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 6 of 7

25 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-2 Page 7 of 7

26 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-3 Page 1 of 3 EXHIBIT D-3 Project Category No. 3: Business Operations

27 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-3 Page 2 of 3 Project Category No. 3: Business Operations Jager Smith has included in this category time spent reviewing the Debtors monthly operating reports and conferring with the Committee regarding the same, and time spent reviewing the Debtors motions to continue utility service and the objection filed to the same by one of the Debtors unsecured creditors. In rendering the services included in this category, Jager Smith billed a total of 0.50 hours and incurred fees totaling $ The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Steven C. Reingold (SCR) 0.50 $ $187.50

28 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-3 Page 3 of 3

29 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-4 Page 1 of 5 EXHIBIT D-4 Project Category No. 4: Case Administration

30 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-4 Page 2 of 5 Project Category No. 4: Case Administration Jager Smith has included in this category, amongst other things, time spent conferring with the Debtors counsel regarding the status of these cases, time spent reviewing and commenting regarding the Debtors motion for a protective order under Section 1102(b)(b) of the Bankruptcy Code, and time spent attending the hearing held in connection with that motion. In addition, Jager Smith has included in this category time spent maintaining the page on its web site dedicated to these cases, which includes case-specific information and copies of all of the pleadings, which can be downloaded by creditors and other interested parties at no cost. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $4, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 0.60 $ $ Steven C. Reingold (SCR) 3.00 $ $1, Associates Brendan C. Recupero (BCR) 3.00 $ $ Paraprofessionals Erin Thurston (ET) 1.70 $ $ Vanessa P. Flavin (VPF) $ $1,387.50

31 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-4 Page 3 of 5

32 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-4 Page 4 of 5

33 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-4 Page 5 of 5

34 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-5 Page 1 of 5 EXHIBIT D-5 Project Category No. 5: Claims Administration and Objections

35 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-5 Page 2 of 5 Project Category No. 5: Claims Administration and Objections Jager Smith has included in this category, amongst other things, time spent conferring with the Debtors counsel regarding the claims asserted in these cases, as well as time spent reviewing and analyzing the potentially significant claims that the Pension Benefit Guaranty Corporation (the PBGC ) may assert as a result of the underfunding of Kingsbury s pension plan, as well as the Debtors motion for a determination that the termination of that plan may be deemed a distress termination and the PBGC s objection thereto, and conferring with the Debtors counsel and the Committee regarding the same. In addition, Jager Smith has included in this category time spent performing legal research regarding a number of issues, including those concerning the foregoing. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $5, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 1.50 $ $ Steven C. Reingold (SCR) 4.20 $ $1, Associates Brendan C. Recupero (BCR) $ $3,575.00

36 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-5 Page 3 of 5

37 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-5 Page 4 of 5

38 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-5 Page 5 of 5

39 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-6 Page 1 of 6 EXHIBIT D-6 Project Category No. 6: Employment Applications and Objections

40 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-6 Page 2 of 6 Project Category No. 6: Employment Applications and Objections Jager Smith has included in this category, amongst other things, time spent preparing pleadings relating to the Committee s retention of Jager Smith as its counsel, time spent on behalf of the Committee conferring with financial advisory firms regarding these cases and the Committee s need for a financial advisor, and time spent interviewing those firms and meeting with the Committee to discuss its selection. In addition, Jager Smith has included in this category time spent meeting with the Committee s choice for financial advisor, time spent working with that firm to prepare and file the Committee s application to employ it and time spent attending the hearing held with respect to that application. Jager Smith has also included in this category time spent conferring with the Debtors counsel and the Committee regarding the Debtors application to retain an investment banking firm to assist in the liquidation of Kingsbury s assets, time spent reviewing that application and preparing an objection thereto, and time spent attending the hearing held in respect thereof. In addition, Jager Smith has included in this category time spent reviewing and commenting on the Debtors application to retain a real estate broker, time spent reviewing TD Bank s objection thereto and communicating with the Debtors counsel regarding that objection, and time spent attending the hearing held in connection with the application. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $11, The time charged to this category is as follows:

41 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-6 Page 3 of 6 Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 3.50 $ $1, Steven C. Reingold (SCR) $ $5, Associates Brendan C. Recupero (BCR) $ $3, Jonathan M. Horne (JMH) 2.00 $ $ Paraprofessionals Erin Thurston (ET) 1.10 $ $ Vanessa P. Flavin (VPF) 1.40 $ $175.00

42 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-6 Page 4 of 6

43 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-6 Page 5 of 6

44 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-6 Page 6 of 6

45 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-7 Page 1 of 4 EXHIBIT D-7 Project Category No. 7: Expenses

46 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-7 Page 2 of 4 Project Category No. 7: Expenses The costs and expenses billed to or incurred by Jager Smith during the period covered by the Application, which total $942.46, are as follows: Expense Category Total Computer-Assisted Legal Research (Westlaw) $ Conference Call Service (Lightyear) $ Copies $80.30 Hearing Transcript $ Postage $48.36 Telephone Charges $5.26 Travel (mileage) $ Travel (parking) $8.00

47 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-7 Page 3 of 4

48 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-7 Page 4 of 4

49 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-8 Page 1 of 4 EXHIBIT D-8 Project Category No. 8: Fee Applications

50 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-8 Page 2 of 4 Project Category No. 8: Fee Applications Jager Smith has included in this category time, amongst other things, spent reviewing the fee application of the Debtors investment banking firm and the transcript of the hearing held in respect of the Debtors asset sale for information concerning the same, time spent communicating with the Committee s financial advisory firm regarding its first interim application for compensation for services rendered and for reimbursement of expenses incurred, and time spent preparing this Application and the exhibits thereto. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $4, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Steven C. Reingold (SCR) $ $4,687.50

51 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-8 Page 3 of 4

52 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-8 Page 4 of 4

53 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-9 Page 1 of 5 EXHIBIT D-9 Project Category No. 9: Financing

54 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-9 Page 2 of 5 Project Category No. 9: Financing Jager Smith has included in this category, amongst other things, time spent reviewing and analyzing the Debtors motion to obtain post-petition financing from Diamond, time spent conferring with the Committee and its financial advisor, counsel to the Debtors, counsel to Diamond and counsel to certain creditors regarding that motion and the Committee s position relative thereto, and time spent drafting and revising the Committee s objection to the motion. In addition, Jager Smith has included in this category time spent preparing for and attending the hearing held in connection with that motion. Jager Smith has also included in this category time spent in connection with the Debtors motion to obtain insurance premium financing. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $11, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 6.70 $ $3, Steven C. Reingold (SCR) 5.50 $ $2, Michael J. Fencer (MJF) 1.00 $ $ Associates Brendan C. Recupero (BCR) $ $5,752.50

55 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-9 Page 3 of 5

56 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-9 Page 4 of 5

57 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-9 Page 5 of 5

58 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-11 Page 1 of 5 EXHIBIT D-11 Project Category No. 11: Meetings of Creditors

59 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-11 Page 2 of 5 Project Category No. 11: Meetings of Creditors Jager Smith has included in this category, amongst other things, time spent drafting the bylaws that govern the Committee s operations and time spent regularly communicating with the members of the Committee, and with the Committee s financial advisor, by way of written reports and conference calls, about the status of these cases and the numerous issues as are discussed elsewhere in the Application. In rendering the services included in this category, Jager Smith billed a total of hours and incurred fees totaling $8, The time charged to this category is as follows: Name Hours Billed Hourly Billing Rate Total Partners / Of Counsel Bruce F. Smith (BFS) 4.90 $ $2, Steven C. Reingold (SCR) 7.10 $ $2, Associates Brendan C. Recupero (BCR) $ $3,282.50

60 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-11 Page 3 of 5

61 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-11 Page 4 of 5

62 Case: JMD Doc #: Filed: 03/02/12 Desc: Exhibit D-11 Page 5 of 5