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Presentment Date: June 25, 2012 at 12:00 p.m. (Eastern Time) Objection Deadline: June 22, 2012 at 4:00 p.m. (Eastern Time)

PACHULSKI STANG ZIEHL & JONES LLP 10100 Santa Monica, Boulevard, 11th Floor Los Angeles, California 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 James I. Stang, Esq. (admitted pro hac vice) -and780 Third Avenue, 36th Floor New York, New York 10017 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 Ilan D. Scharf, Esq. Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and Christian Brothers of Ireland, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Case No. 11-22820 (RDD) Debtors. (Jointly Administered) NOTICE OF PRESENTMENT OF APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. AS LEGAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO MAY 7, 2012 PLEASE TAKE NOTICE that the undersigned will present the annexed Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Kubasiak, Fylstra, Thorpe & Rotunno, P.C. as Legal Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to May 7, 2012 (the

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Application) to the Honorable Robert D. Drain, United States Bankruptcy Judge, for signature on June 25, 2012 at 12:00 p.m. PLEASE TAKE FURTHER NOTICE that responses or objections, if any, to the Application must be in writing, must conform to the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) and the Local Rules of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), must set forth the name of the objecting party, the nature and amount of claims or interests held or asserted by the objecting party against the Debtors estates or property, the basis for the objection and the specific grounds therefor and must be filed with the Bankruptcy Court, no later than June 22, 2012 at 4:00 p.m., electronically in accordance with applicable rules and orders of the Bankruptcy Court, and any objection must further be served upon and actually received by the following parties (with a copy to Chambers) no later than June 22, 2012 at 4:00 p.m.: (a) Pachulski Stang Ziehl & Jones LLP 780 Third Avenue, 36th Floor, New York, NY 10017 (Attn: Ilan D. Scharf, Esq.); (b) Kubasiak, Fylstra, Thorpe & Rotunno, P.C., Two First National Plaza, 20 South Clark Street, 29th Floor, Chicago, Illinois 60603 (Attn: Douglass Hewitt, Esq.); and (c) the Office of the United States Trustee for the Southern District of New York, Office of the United States Trustee, 33 Whitehall Street, 21st Floor New York, NY 10004 (Attn: Paul K. Schwartzberg, Esq.).

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PLEASE TAKE FURTHER NOTICE that, if no objections to the Application are timely filed, served and received in accordance with this Notice, the Bankruptcy Court may approve the Application without further notice or hearing. Dated: New York, New York June 8, 2012 PACHULSKI STANG ZIEHL & JONES LLP /s/ Ilan D. Scharf James I. Stang, Esq. 10100 Santa Monica Boulevard, 11th Floor Los Angeles, California 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 - and Ilan D. Scharf, Esq. 780 Third Avenue, 36th Floor New York, New York 10017 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and Christian Brothers of Ireland, Inc.

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Presentment Date: June 25, 2012 at 12:00 p.m. (Eastern Time) Objection Deadline: June 22, 2012 at 4:00 p.m. (Eastern Time)

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Case No. 11-22820 (RDD) Debtors. (Jointly Administered)

APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. AS LEGAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO MAY 7, 2012 The Official Committee of Unsecured Creditors (the Committee) appointed in the above-captioned cases (the Cases) of The Christian Brothers Institute (CBI) and The Christian Brothers of Ireland, Inc. (CBOI and, together with CBI, the Debtors) hereby submits this Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Kubasiak, Fylstra, Thorpe & Rotunno, P.C. as Legal Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to May 7, 2012 (the Application). In support of this Application, the Committee relies on the declaration of Douglass Hewitt (the Hewitt Declaration) attached hereto as Exhibit A and respectfully represents as follows: RELEVANT FACTS A. Background Facts 1. On April 28, 2011 (the Petition Date), the Debtors filed voluntary

petitions for relief under chapter 11 of Title 11 of the United States Code (the Bankruptcy Code).

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2.

The Debtors have continued in the possession of their properties and have

continued to operate and manage their business as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in these Cases. 3. On May 11, 2011, the Office of the United States Trustee (the U.S.

Trustee) appointed the Committee pursuant to section 1102 of the Bankruptcy Code. On May 23, 2011, the U.S. Trustee appointed a seventh member to the Committee. The Committee comprises seven individuals who are plaintiffs in cases pending against at least one of the Debtors in either Washington State or Canada. 4. The Committee retained Pachulski Stang Ziehl & Jones LLP (PSZJ) as

counsel to represent the Committee in all matters during the pendency of these Cases. The Court has approved the Committees retention of PSZJ. B. The Congregation of Christian Brothers 5. The Congregation of Christian Brothers (the Congregation) is a Catholic

religious order founded in 1802. The Congregation is a canonical organization set up by the Roman Catholic Church as a teaching order under the church.1 The Congregations members are referred to as Brothers. The Committee understands that the Congregations religious mission is primarily focused on youth education. The Congregation has delineated various geographic provinces throughout the world, including North America, in which the Congregation operates. The Congregation has had a continuous presence in North America since
1

See Transcript of 341 meeting held on June 28, 2011 (341 Tr.) at 23:13-16. See also THE HONORABLE S.H.S. HUGHES, Q.C., ROYAL COMMISSION OF INQUIRY INTO THE RESPONSE OF THE NEWFOUNDLAND CRIMINAL JUSTICE SYSTEM TO COMPLAINTS , Vol. 1, p. 1 (May 31, 1991) (the Hughes Commission Report) (available at http://lewisday.ca/ldllf.files/pdf/Mt.Cashel vol1.pdf (last visited on September 22, 2011)); REPORT OF THE COMMISSION TO INQUIRE INTO CHILD ABUSE, 6.01 (May 2009) (available at http://www.childabusecommission.ie/rpt/01-06.pdf (last visited on September 22, 2011)) (the Abuse Commission Report).

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approximately the early twentieth century. Prior to approximately 1966, the Congregation had one North American Province (the Old NAP) operating in the United States and Canada. By the early 1960s, the Congregation divided its North American Province into three provinces: the Eastern American Province (the Eastern Province); the Western American Province (the Western Province); and the Canadian Province (collectively, with the Eastern Province and the Western Province, the Three Provinces). As of 2005, the Three Provinces merged into a single province called the Edmund Rice Christian Brothers North American Province (the NAP). C. The Congregations Civil Entities 6. Like other U.S.-based dioceses and religious orders, the Congregation

conducts its North American temporal affairs through civil entities. The Old NAP operated through debtor CBI. CBI continued as the civil entity for the Eastern Province after the Old NAP was split up. The Western Province operated through debtor CBOI after the Western Province was formed. CBI and CBOI currently own property that is used by brothers of the NAP, and in the past was used by brothers of one or more of the Three Provinces. CBI and CBOI each also entered into contracts on behalf of or for the benefit of brothers and/or the Congregation in North America. 7. CBOI has received cash transfers from Community Support Corporation

(CSC) and CSC is listed as a creditor of CBOI.2 CBOIs treasurer, who is also a Brother, is listed as the agent for service of process for CSC. Upon information and belief, some of CBOIs trustees/ directors are also trustees/directors of CSC. Also, upon information and belief, CSC was established to support either the Brothers or the mission of the Congregation in North America. Finally, CSCs address, as listed on CBOIs SOFA, is the same as CBOIs address.

See CBOIs Statement of Financial Affairs (the SOFA) at Question No. 3 [Docket No. 38].

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D.

Informal Discovery Efforts 8. Shortly after its appointment, the Committee informed the Debtors that it

would need information regarding, among other things, the relationship between CSC and the Debtors. 9. The Debtors did not provide documents responsive to the Committees

informal document request regarding CSC. E. Formal Discovery Efforts 10. On September 28, 2011, to facilitate the discovery process, the Committee

filed the Motion of the Official Committee of Unsecured Creditors for Entry of an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examinations and Production of Documents [Docket No. 98] (the 2004 Motion). Through the 2004 Motion, the Committee requested authorization to seek information from, among other parties, CSC. On November 1, 2011, the Court granted the 2004 Motion [Docket No. 147] (the 2004 Order). 11. On November 2, 2011, pursuant to the 2004 Motion, the Committee issued

a subpoena (the Subpoena) to CSC requiring CSC to produce certain documents as set forth in the Subpoena. The Subpoena was issued within the Northern District of Illinois because CSC appears to be located within that District. The Committee served the Subpoena on CSC by first class mail. A true and correct copy of the Subpoena is attached hereto as Exhibit C. 12. CSC did not respond to the Subpoena. On April 5, 2012, the Committee

mailed CSC a letter inquiring into the status of CSCs response to the Subpoena and offering to meet and confer with CSC. A true and correct copy of the letter is attached hereto as Exhibit D. To date, CSC has not responded to the Subpoena or follow-up letter. 13. In order to enforce compliance with the Subpoena, the Committee will be

required to commence an action in the Northern District of Illinois, since the subpoena was 7

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issued from the Northern District of Illinois. See, e.g., In re Lothian Oil, Inc., Case No. 11 Civ. 822 (RMB), 2011 WL 2565326 *1 (S.D.N.Y. June 14, 2011) (noting that parties may seek to enforce a subpoena in the issuing court); Beruashvili v. Hobart Corp., 2006 WL 2289199 *1 (E.D.N.Y. August 8, 2006) (Absent an improperly issued subpoena or an adequate excuse by the non-party, failure to comply with a subpoena made under Rule 45 may be deemed a contempt of the court from which the subpoena issued.). 14. Accordingly, by this Application, the Committee seeks to retain Kubasiak,

Fylstra, Thorpe & Rotunno, P.C. (KFTR) as its local counsel in Chicago, Illinois, where upon information and belief CSC is headquartered, to take any and all legal actions necessary to, among other things, enforce the Subpoena. The Committee believes it will be more efficient and cost-effective to retain KFTR as local counsel for these matters because KFTR has extensive knowledge of local custom and practice in the Northern District of Illinois and, thus, KFTR will be able to quickly and efficiently move to enforce the Subpoena and aid the Committee with all other discovery efforts it pursues in the Northern District of Illinois. JURISDICTION 15. The Court has jurisdiction over this Application pursuant to 28 U.S.C.

157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue of this proceeding and this Application is proper in this District pursuant to 28 U.S.C. 1408 and 1409. The statutory bases for the relief requested herein are sections 328(a), 504, and 1103 of the Bankruptcy Code and Rules 2014 and 2016 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules).

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RELIEF REQUESTED AND BASIS FOR RELIEF 16. By this Application, the Committee seeks to employ and retain KFTR as

special legal counsel nunc pro tunc to May 7, 2012 on the terms set forth in this Application. The Committee understands that KFTR will seek compensation from the Debtors estates and reimbursement of expenses incurred on the Committees behalf, subject to the Courts procedures in these Cases. The Committee seeks approval of KFTRs retention as of May 7, 2012 because KFTR began providing services to the Committee as of that date. F. Services to be Rendered by KFTR 17. KFTR will provide legal services to the Committee in connection with the

enforcement of the Subpoena and all other discovery efforts the Committee pursues in the Northern District of Illinois. These legal services include, but shall not be limited to: (i) filing all pleadings necessary to enforce the Subpoena in the Northern District of Illinois, (ii) making necessary appearances in an Illinois court of competent jurisdiction, (iii) generally handling litigation matters in the Northern District of Illinois relating to the enforcement of the Subpoena, (iv) obtaining discovery from CSC, and (v) generally handling all discovery related matters the Committee pursues in the Northern District of Illinois. G. KFTRs Expertise 18. KFTR is a boutique Chicago-based law firm that provides, among other

things, complex litigation services. KFTR has extensive experience litigating matters, including successfully enforcing subpoenas in the Northern District of Illinois. The Committee believes that KFTRs knowledge and familiarity with the local customs and local rules of the Northern District of Illinois will allow KFTR to efficiently and effectively enforce the Subpoena and obtain discovery on behalf of the Committee. To date, based on KFTRs efforts, CSC has

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informed the Committee that it has retained counsel and KFTR is in the process of working to resolve this matter consensually. H. KFTRs Disinterestedness 19. Except as set forth in the Hewitt Declaration, neither KFTR nor any of its

professionals or paraprofessionals, insofar as the Committee has been able to ascertain, represent any interest adverse to the Debtors, their estates, their creditors, and the Committee in the matters upon which KFTR is to be engaged. KFTR is a disinterested person, as the Committee understands this term to be defined, within the meaning of section 101(14), as modified by section 1103(b), of the Bankruptcy Code. 20. To the best of the Committees knowledge and except as set forth in the

Hewitt Declaration, KFTR has no prior connection with the Debtors, their creditors, or any other party in interest, or their respective attorneys or accountants in the matters upon which it is to be engaged that would in any way disqualify it from representing the Committee. 21. KFTR has indicated a willingness to act as special legal counsel to the

Committee, in accordance with the terms of this Application. COMPENSATION 22. Subject to Court approval and in accordance with section 330(a) of the

Bankruptcy Code, compensation will be payable to KFTR by the Debtors for the services of KFTRs professionals and paraprofessionals at their customary hourly billing rates, which shall be subject to the following ranges: 23. 24. 25. Partners: Associates: Paralegals: $ 325-$450 $235 $145

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26.

The primary professional responsible for KFTRs engagement is Douglass

Hewitt, whose current hourly rate is $400.00. 27. reasonable expenses. 28. KFTR periodically adjusts its rates to reflect economic and other In addition, KFTR will be reimbursed for its actual, necessary, and

conditions. KFTR will provide notice to the Court of any adjustment of its hourly rates and will serve such notice upon the U.S. Trustee, the Debtors, and members of the Committee. KFTR does not plan on increasing its rates in these Cases at until at least January 2013. 29. KFTR charges for all expenses incurred in connection with its clients

cases. These expenses include, among other things, conference call charges, mail and express mail charges, special or hand delivery charges, document retrieval charges, photocopying charges, charges for mailing supplies (including, without limitation, envelopes and labels) that KFTR provides to outside copying services for use in mass mailings, travel expenses, expenses for working meals, computerized research, transcription costs, and non-ordinary overhead expenses such as secretarial overtime and other staffing overtime. KFTR will bill for these expenses in a manner and at rates consistent with those charged to other clients, and the rules and requirements of this Court. NOTICE 30. Notice of this Application has been given to (i) the U.S. Trustee; (ii)

counsel to the Debtors; and (iii) those parties requesting notice pursuant to Bankruptcy Rule 2002. The Committee submits that, in light of the nature of the relief requested, no other or further notice need be given.

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PRIOR REQUEST 31. The Committee has not made a similar Application in this Court or in any

other court to employ KFTR in these Cases. WHEREFORE, the Committee requests entry of an Order substantially in the form attached hereto as Exhibit B, authorizing the Committee to employ and retain KFTR as legal counsel to the Committee nunc pro tunc to May 7, 2012, and granting such other and further relief as is just and proper.

Dated: Seattle, Washington June 7, 2012

/s/ Joseph Shanks Joseph Shanks, in his capacity as Co-Chairman of the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc. /s/ Edwin Fowler Edwin Fowler, in his capacity as Co-Chairman of the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc.

Dated: Newfoundland, Canada June 7, 2012

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EXHIBIT A
(Declaration of Douglass Hewitt)

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Case No. 11-22820 (RDD) Debtors. (Jointly Administered)

DECLARATION OF DOUGLASS HEWITT IN SUPPORT OF APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. AS LEGAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO MAY 7, 2012 DOUGLASS HEWITT declares under penalty of perjury as follows: 1. I am a partner at Kubasiak, Fylstra, Thorpe & Rotunno, P.C. (KFTR),

whose offices are located at Two First National Plaza, 20 South Clark Street, 29th Floor, Chicago, Illinois 60603. 2. I submit this declaration (the Declaration) in support of the Application

of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Kubasiak, Fylstra, Thorpe & Rotunno, P.C. as Special Legal Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to May 7, 2012 (the Application).1 3. I am authorized to make this Declaration in support of KFTRs

employment as counsel to the Committee for matters related to the enforcement of the Subpoena and aid the Committee with all other discovery efforts it pursues in the Northern District of Illinois.

All terms used but not defined herein shall have the meanings ascribed to them in the Application.

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4.

I have personal knowledge of the facts stated in this Declaration, except

where matters are stated on information and belief. As to those facts, I am informed and believe that they are true. If called as a witness, I could and would testify competently to these facts. 5. In these Cases, KFTR can provide the Committee with particular

expertise in seeking the enforcement of the Subpoena and otherwise obtaining discovery from CSC or the Debtors in the Northern District of Illinois. 6. KFTR is a boutique Chicago-based law firm that provides, among other

things, complex litigation services. KFTR has extensive experience litigating matters, including successfully enforcing subpoenas in the Northern District of Illinois. 7. The Committee has asked KFTR to provide the following legal services in

relating to these Cases and the enforcement of the Subpoena: (i) filing all pleadings necessary to enforce the Subpoena in the Northern District of Illinois, (ii) making necessary appearances in an Illinois court of competent jurisdiction, (iii) generally handling litigation matters in the Northern District of Illinois relating to the enforcement of the Subpoena, (iv) obtaining discovery from CSC, and (v) generally handling all discovery related matters the Committee pursues in the Northern District of Illinois. 8. KFTRs current and customary hourly billing rates for its professionals

and paraprofessionals are as follows: 9. 10. 11. 12. Partners: Associates: Paralegals: $325-$450 $235 $145

I am the primary professional responsible for KFTRs engagement and my

current hourly rate is $400.00.

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13.

KFTR periodically adjusts its rates to reflect economic and other

conditions. KFTR will provide notice to the Court of any adjustment of its hourly rates and will serve such notice upon the U.S. Trustee, the Debtors, and members of the Committee. KFTR does not plan on increasing its rates in these Cases until at least January 2013. 14. KFTR charges for all expenses incurred in connection with its clients

cases. These expenses include, among other things, conference call charges, mail and express mail charges, special or hand delivery charges, document retrieval charges, photocopying charges, charges for mailing supplies (including, without limitation, envelopes and labels) that KFTR provides to outside copying services for use in mass mailings, travel expenses, expenses for working meals, computerized research, transcription costs, and non-ordinary overhead expenses such as secretarial overtime and other staffing overtime. KFTR will bill for these expenses in a manner and at rates consistent with those charged to other clients, and the rules and requirements of this Court. 15. approval. 16. KFTR has not received any retainer from any person, or any payment, or KFTR understands that all of its fees and expenses are subject to Court

any promise of payment in relation to these Cases, during the one-year period prior to the filing of the Debtors petition. No postpetition compensation has been paid or promised to be paid from a source other than the estate in these Cases. Neither the Committee nor its members (or any of their representatives) are or will be liable for fees or costs that KFTR incurs in its representation of the Committee. 17. KFTR has made the following investigation of disinterestedness prior to

submitting this affidavit: in connection with the proposed retention of KFTR as consultant to the

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Committee, KFTR received a list of the Debtors known associations. At my direction KFTR processed through its computerized conflict check system the Debtors names as well as the names of the members of the Committee that have been identified (the Conflicts Search List). A true and correct copy of the Conflicts Search List is attached hereto as Schedule 1. I reviewed the results of that processing. KFTR has concluded that it does not have any conflicts with any of the entities listed on the Conflicts Search List. 18. Based on the process referred to above, to the best of my knowledge,

information, and belief, I am informed and believe as follows: a. b. KFTR has had no previous contact or ties with the Debtors; KFTR does not provide services to any entity listed on the Conflicts Search List; KFTR is not a creditor, an equity security holder, or an insider of the Debtors; KFTR was not, within three years before the Petition Date, an investment banker for a security of the Debtors, or an accountant or consultant to such investment banker in connection with the offer, sale, or issuance of any security of the Debtors; KFTR is not and was not, within two years before the Petition Date, a director, officer, or employee of the Debtors or of an investment banker of the Debtors; KFTR does not have an interest materially adverse to the interest of the Debtors or of any class of creditors or equity security holders by reason of any direct or indirect relationship with, connection with, or interest in, the Debtors or any investment banker, or for any other reason; Except with respect to certain other bankruptcy engagements where I or KFTR acted or acts as counsel to a debtor or a committee, KFTR has no connection with the United States Trustee or persons employed by the Office of the United States Trustee; and

c.

d.

e.

f.

g.

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h.

KFTR was not owed any sums by the Debtors for services rendered or costs advanced on behalf of the Debtors prior to the Petition Date.

19.

KFTR may in the future provide services to parties listed on the Conflicts

Search List, or to other creditors or parties in interest in the these Cases, which services are unrelated to any matter involving these Cases. However, to the best of my knowledge, none of those prior and current engagements or other dealings makes KFTR an interested person under the Bankruptcy Code. If KFTR identifies a creditor or other party in interest of the Debtors estates that KFTR has or is providing services to in connection with these Cases, it will promptly disclose such information in writing to the Court and to the Office of the United States Trustee. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. Dated this 6th day of June, 2012. /s/ Douglass Hewitt Douglass Hewitt

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SCHEDULE 1
(Conflict Search List)
Name 1. William Shanks 2. Thomas James 3. Joseph Shanks 4. Edwin Fowler 5. James J. Eason 6. William Williams 7. Patrick Cullinan 8. Christian Brothers Institute 9. Christian Brothers of Ireland 10. Edmund Rice Christian Brothers- North American Province 11. Congregation of Christian Brothers 12. Maryland Casualty Company (Zurich) 13. Pacific Indemnity Company (Chubb Group of Insurance Companies) 14. ODea High School 15. Briscoe Memorial School 16. Providence Insurance Co. 17. Konica Minolta 18. Martin Whalen 19. Canandaigua National Bank 20. Country Bank 21. Con Ed 22. Christian Brothers Foundation 23. Community Support Corporation 24. Congregation of Notre Dame 25. FIA Card Services/Bank of America 26. Lynn F. Field, PhD 27. Mark Donahue 28. National Catholic Educational 29. Rev. Steven A DeMartino 30. Ridgewood Savings Bank 31. United Water 32. Alltron 33. Bishop Kearney High School 34. Canon Business Solutions 35. Castle Oil Corp.

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Name 36. Conrad R. Catalano 37. Garrett & Mary Naylor 38. GE Capital Corp. 39. Metro Honda 40. Pitney Bowes 41. Royal Catholic Church of the Archdiocese of New Orleans 42. All Hallows Institute 43. Saint Josephs Residence, Inc. 44. IPPC 45. Kenneth J. Lau

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EXHIBIT B
(Proposed Order)

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. Chapter 11 Case No. 11-22820 (RDD)

ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF KUBASIAK, FYLSTRA, THORPE & ROTUNNO, P.C. AS SPECIAL LEGAL COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS NUNC PRO TUNC TO MAY 7, 2012 Upon consideration of the Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Kubasiak, Fylstra, Thorpe & Rotunno, P.C. as Special Legal Counsel to the Official Committee of Unsecured Creditors Nunc Pro Tunc to May 7, 2012 (the Application),1 filed by the Official Committee of Unsecured Creditors appointed in the above-captioned case (the Committee), and upon the Declaration of Douglass Hewitt (the Hewitt Declaration) in support of the Application; and the Court being satisfied based on the representations made in the Application and in the Hewitt Declaration that KFTR represents no interest adverse to the Debtors estates with respect to the matters upon which it is to be engaged, that it is a disinterested person as that term is defined under section 101(14) of the Bankruptcy Code, as modified by section 1103(b) of the Bankruptcy Code, and that its employment by the Committee is necessary; and the Court having jurisdiction to consider the Application and the relief requested therein pursuant to 28 U.S.C. 157 and 1334; and this matter being a core proceeding pursuant to 28 U.S.C. 157(b)(2); and venue being proper in this District pursuant to 28 U.S.C. 1408 and 1409; and it
1

Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Application.

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appearing that the relief requested in the Application is in the best interests of the Committee, the Debtors and other parties in interest; and the Committee having provided adequate and appropriate notice of the Application under the circumstances; and after due deliberation and good and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. 2. The Application is GRANTED as set forth herein. In accordance with sections 328, 504, and 1103 of the Bankruptcy Code,

Bankruptcy Rules 2014 and 2016 and Local Bankruptcy Rules 2014-1 and 2016-1, the Committee is authorized to employ and retain KFTR as its special legal counsel on the terms set forth in the Application and the Hewitt Declaration. 3. KFTR shall apply for compensation for professional services rendered and

reimbursement of expenses incurred in connection with the Debtors chapter 11 cases in compliance with the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, the U.S. Trustee Guidelines, and any other applicable procedures and orders of this Court, including General Order M-389, and the Order Granting Debtors Motion to Establish Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals [Docket No. 64], and such other orders as this Court may direct. 4. KFTR is authorized to render professional services to the Committee as

described in the Application. 5. KFTR shall provide notice to the Court of any adjustments of its hourly

rates, and shall serve such notice upon the U.S. Trustees, the Debtors, and members of the Committee.

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6.

The Committee and KFTR are authorized and empowered to take all

actions necessary to implement the relief granted in this Order. 7. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 8. This Court shall retain jurisdiction with respect to all matters arising from

or related to the implementation of this Order. Dated: White Plains, New York June __, 2012 UNITED STATES BANKRUPTCY JUDGE

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EXHIBIT C
(Subpoena)

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EXHIBIT D
(April 5, 2012 Letter)

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