IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11

Transcription

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: CD LIQUIDATION CO. PLUS, LLC, f/k/a CYNERGY DATA, LLC, et al., 1 Debtors. Chapter 11 Case No (KG) (Jointly Administered) Related Docket Nos. : 1002, 1003, 1008, 1016, 1017, 1019 CERTIFICATION OF COUNSEL REGARDING ORDER AUTHORIZING ALLOWANCE OF FEES AND REIMBURSEMENT OF EXPENSES TO PROFESSIONALS RETAINED BY DEBTORS AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS I, Evelyn J. Meltzer, an associate in the law firm of Pepper Hamilton LLP, cocounsel to the Official Committee of Unsecured Creditors (the Committee ), hereby certify: 1. On October 14, 2010, CM&D Management Services LLC ( CM&D ) filed its Notice of Fourth Quarterly Fee Application Request of CM&D Management Services LLC as Financial Advisors to the Debtors for the period June 1, 2010 through August 31, 2010 (Docket No. 1002; the CM&D Fourth Quarterly Request ). 2. On October 14, 2010, Nixon Peabody LLP ( Nixon Peabody ) filed its Notice of Fourth Quarterly Fee Application Request of Nixon Peabody LLP as Co-Counsel to the Debtors for the period June 1, 2010 through August 31, 2010 (Docket No. 1003; the Nixon Peabody Fourth Quarterly Request ). 3. On October 14, 2010, Pepper Hamilton LLP ( Pepper Hamilton ) filed its Notice of Fourth Quarterly Fee Application Request of Pepper Hamilton LLP as Co-Counsel to 1 The Debtors are the following entities (with the last four digits of their federal tax identification numbers in parentheses): Cynergy Data, LLC (8677); Cynergy Data Holdings, Inc. (8208); Cynergy Prosperity Plus, LLC (4265). The mailing address for the Debtors is th Avenue, 9th Floor, Long Island City, New York # v1

2 the Debtors for the period June 1, 2010 through August 31, 2010 (Docket No. 1008; the Pepper Hamilton Fourth Quarterly Request ). 4. On October 15, 2010, Ashby & Geddes, P.A. ( Ashby & Geddes ) filed its Fourth Interim Fee Application of Ashby & Geddes, P.A. for the Period of June 1, 2010 through August 31, 2010 (Docket No. 1016; the Ashby & Geddes Interim Application ). 5. On October 15, 2010, Stout Risius Ross, Inc. ( Stout Risius ) filed its Notice of First Interim Fee Application of Stout Risius Ross, Inc. for the Period of July 30, 2010 through August 31, 2010 (Docket No. 1017; the Stout Risius Interim Requests ). 6. On October 15, 2010, Jager Smith P.C. ( Jager Smith ) filed its Fourth Interim Fee Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses as Counsel to the Unsecured Creditors for the Period of June 1, 2010 through August 31, 2010 (Docket No. 1019; the Jager Smith Interim Application ; and together with CM&D Fourth Quarterly Request, Nixon Peabody Fourth Quarterly Request, Pepper Hamilton Fourth Quarterly Request, Ashby & Geddes Interim Application, and Stout Risius Interim Requests, the Quarterly Requests ). 7. Objections to the relief requested in the Quarterly Requests were to be filed and served no later than November 4, 2010 at 4:00 p.m. EST. As of the date hereof, no answer, objection or other responsive pleading to the Quarterly Requests has been received and a review of the Court s docket in these cases reflects that no answer, objection or other responsive pleading to the Quarterly Requests appears thereon. 8. Accordingly, the undersigned respectively requests that the Court enter the proposed form of order attached hereto as Exhibit 1, approving the Quarterly Requests, at the Court s earliest convenience. # v1-2-

3 Date: November 9, 2010 Wilmington, Delaware PEPPER HAMILTON LLP /s/ Evelyn J. Meltzer David B. Stratton (DE No. 960) Evelyn J. Meltzer (DE No. 4581) Hercules Plaza, Suite N. Market Street P.O. Box 1709 Wilmington, DE Telephone: (302) and- NIXON PEABODY LLP Mark N. Berman Dennis J. Drebsky Lee Harrington (DE No. 4046) 437 Madison Avenue New York, New York Telephone: (212) Facsimile: (212) Co-Counsel for the Debtors and Debtors in Possession # v1-3-

4 # v1 EXHIBIT 1

5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: CD LIQUIDATION CO. PLUS, LLC, f/k/a CYNERGY DATA, LLC, et al., 1 Debtors. Chapter 11 Case No (KG) Jointly Administered Related Docket Nos.: 1002, 1003, 1008, 1016, 1017, 1019 OMNIBUS ORDER AUTHORIZING ALLOWANCE OF FEES AND REIMBURSEMENT OF EXPENSES REQUESTED IN FOURTH QUARTERLY FEE APPLICATIONS OF DEBTORS AND COMMITTEE S PROFESSIONALS UPON CONSIDERATION of the (i) Notice of Fourth Quarterly Fee Application Request of CM&D Management Services LLC as Financial Advisors to the Debtors (Docket No. 1002; the CM&D Quarterly Application ); (ii) Notice of Fourth Quarterly Fee Application Request of Nixon Peabody LLP as Co-Counsel to the Debtors (Docket No. 1003, the Nixon Quarterly Application ); (iii) Notice of Fourth Quarterly Fee Application Request of Pepper Hamilton LLP as Co-Counsel to the Debtors (Docket No. 1008; the Pepper Quarterly Application ); (iv) Fourth Interim Fee Application of Ashby & Geddes, P.A. for the Period of June 1, 2010 through August 31, 2010 (Docket No. 1016; the Ashby & Geddes Interim Application ); (v) Fourth Interim Fee Application of Jager Smith P.C. for Compensation for Services Rendered and Reimbursement of Expenses as Counsel to the Unsecured Creditors for the Period of June 1, 2010 through August 31, 2010 (Docket No. 1019; the Jager Smith Interim Application ); and (vi) Notice of First Interim Fee Application of Stout Risius Ross, Inc. for the Period of July 30, The Debtors are the following entities (with the last four digits of their federal tax identification numbers in parentheses): Cynergy Data, LLC (8677); Cynergy Data Holdings, Inc. (8208); Cynergy Prosperity Plus, LLC (4265). The mailing address for the Debtors is th Avenue, 9th Floor, Long Island City, New York # v1

6 through August 31, 2010 (Docket No. 1017; the Stout Risius Interim Requests ) (collectively, the Quarterly Requests ), as summarized on Exhibit A attached hereto; and the Court having reviewed the Quarterly Requests; and there being no objections to the fee applications referenced in the Quarterly Requests; and the Court having found that (a) notice of the Quarterly Requests was adequate under the circumstances; (b) the Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; (c) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); (d) the fees allowed hereby represent reasonable compensation for actual and necessary services rendered by the applicants; (e) the expenses allowed hereby represent actual and necessary expenses incurred by the applicants in the performance of their duties in these chapter 11 cases; and (f) the Quarterly Requests were filed and served pursuant to the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals and Committee Members dated September 15, 2009, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 1. The fees and expenses requested in the Quarterly Requests are allowed, as set forth on Exhibit A attached hereto. 2. The Debtors are instructed to pay the difference, if any, between the allowed amount of fees and expenses allowed by this Order and the actual interim payments received by (i) Stout Risius Ross, Inc.; (ii) Ashby & Geddes, P.A.; (iii) Jager Smith P.C.; (iv) Nixon Peabody LLP; (v) CM&D Management Services LLC; and (vi) Pepper Hamilton LLP. Dated: November, 2010 HONORABLE KEVIN J. GROSS UNITED STATES BANKRUPTCY JUDGE # v1-2-

7 EXHIBIT A APPLICANT PERIOD FEES AND EXPENSES REQUESTED Pepper Hamilton LLP Delaware Counsel to the Debtors FEES AND EXPENSES ALLOWED AMOUNT OF HOLDBACK FEES SOUGHT $31, $31, $6, Nixon Peabody LLP Counsel to the Debtors CM&D Management Services LLC Financial Advisor to the Debtors Ashby & Geddes, P.A. Counsel to the Official Committee of Unsecured Creditors Jager Smith P.C. Counsel to the Official Committee of Unsecured Creditors Stout Risius Ross, Inc. Financial Advisor to the Official Committee of Unsecured Creditors 7/30/10 $242, $242, $48, $111, $111, $21, $9, $9, $1, $182, $182, $34, $12, $12, $2, # v1