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In re: GIT-N-GO, INC., (Chapter 11), Debtor In Possession.

AGREED ORDER APPROVING SECOND, THIRD AND FOURTH APPLICATIONS OF GABLE GOTWALS AS COUNSEL FOR DEBTOR IN POSSESSION FOR INTERIM COMPENSATION AND REIMBURSEMENT OF EXPENSES AS THOSE APPLICATIONS PERTAIN TO GNG-4 TASK CODE

TERRENCE MICHAEL, Bankruptcy Judge

There came on for consideration before the Honorable Terrance L. Michael, United States Bankruptcy Judge, the Second, Third and Fourth Applications of Gable Gotwals as Counsel for Debtor in Possession for Interim Compensation and Reimbursement of Expenses and Notice of Opportunity for Hearing, filed October 28, 2004, February 27, 2005 and June 28, 2005, respectively (the "Applications"), but only as the Applications pertain to the GNG-4 Task Code (American Bank Trust, American Heritage Bank and General Electric Capital Corporation adversary proceedings) (the "GNG-4 Task Code"); the Responses and Limited Objections of The FM Bank Trust Company to the Second, Third and Fourth Applications, filed November 19, 2004, March 22, 2005 and July 21, 2005, respectively; and the 4-Front Petroleum Inc.'s chapter 7 Trustee's Objection to the Third and Fourth Applications, filed March 23, 2005 and July 22, 2005, respectively. The Court, after reviewing the Applications, the objections thereto and upon the representation that the parties agree to the entry of this Order, finds and concludes that:

1. This Court has jurisdiction over this core proceeding pursuant to 28 U.S.C. §§ 1334 and 157(b)(2)(A).

2. Notice of the Applications, as they relate to the GNG-4 Task Code, was properly given to parties in interest as required by Fed.R.Bankr.P. 2002(a)(6) and Local Rule 9013.

3. On October 28, 2004, Gable Gotwals filed its Second Application as Counsel for Debtor in Possession for Interim Compensation and Reimbursement of Expenses and Notice of Opportunity for Hearing (the "Second Application"), which sought compensation in the amount of $346,746.50 and reimbursement of expenses in the amount of $6,988.12.

4. On November 19, 2004, The FM Bank Trust Company ("FM") filed its Response and Limited Objection to the Second Application (the "FM Objection to Second Application").

5. On December 14, 2004, the Honorable Dana L. Rasure entered an Order Transferring the Second Application to the Honorable Terrence L. Michael, as it pertained to the GNG-4 Task Code, the amount requested in the Second Application attributable to GNG-4 Task Code was $15,827.00.

6. On January 3, 2005, the Court entered an Order Regarding the Second Application (as it pertained to the GNG-4 Task Code) requesting Gable Gotwals, among other things, to de-lump time entries identified by the Court, provide better descriptions of time entries identified by the Court and justify various inter-office conferences (the "January 3, 2005 Order").

7. On January 13, 2005, Gable Gotwals filed its Supplement to the Second Application, which addressed the issues raised in the January 3, 2005 Order.

8. On February 27, 2005, Gable Gotwals filed its Third Application for Interim Compensation and Reimbursement of Expenses and Notice of Opportunity for Hearing (the "Third Application"), which sought compensation in the amount of $116,989.00 and reimbursement of expenses in the amount of $2,496.95. Of the $116,989.00 that Gable Gotwals sought for professional fees in the Third Application, $18,638.50 related to the GNG-4 Task Code.

9. On March 22, 2005, FM filed its Objection to the Third Application (the "FM Objection to Third Application").

10. On March 23, 2005, the Trustee for 4-Front Petroleum, Inc. (the "Trustee") filed his objection to the Third Application (the "Trustee's Objection to Third Application").

11. On June 28, 2005, Gable Gotwals filed its Fourth Application for Interim Compensation and Reimbursement of Expenses and Notice of Opportunity for Hearing (the "Fourth Application") (the First Application, Second Application, Third Application and Fourth Application, collectively, the "Applications"), which sought compensation in the amount of $85,348.50 and reimbursement of expenses in the amount of $2,561.72. Of the $85,348.50 that Gable Gotwals sought for professional fees in the Fourth Application, $4,328.00 related to the GNG-4 Task Code.

12. On July 21, 2005, FM filed its Objection to the Fourth Application (the "FM Objection to Fourth Application") (the FM Objection to Second Application, FM Objection to Third Application and FM Objection to Fourth Objection, collectively, the "FM Objections"). Pursuant to a settlement in this case, the claim of FM has been paid and FM withdraws it Objections.

13. On July 22, 2005, the Trustee filed his objection to the Fourth Application (the "Trustee's Objection to Fourth Application") (the Trustee's Objection to Third Application and Trustee's Objection to Fourth Application, collectively, the "Trustee's Objections") (the FM Objections and the Trustee's Objections, collectively the "Objections").

14. Pursuant to the Applications, Gable Gotwals seeks allowance and payment of professional fees associated with the GNG-4 Task Code in the aggregate amount of $138,193.50 ($115,827 from the Second Application, $18,038.50 from the Third Application and $4,328.00 from the Fourth Application).

15. Gable Gotwals reduces its professional fees associated with GNG-4 Task Code in the Second, Third and Fourth Applications to $90,000.00. Consequently, the Trustee of 4 Front Petroleum, Inc. and the United States Trustee stipulate that the services rendered were necessary, the fees requested are reasonable and the amount requested should be approved and paid.

IT IS THEREFORE ORDERED that the Applications, as they relate to the GNG-4 Task Code, be and hereby are approved on an interim basis in the amount of $90,000.00.

IT IS FURTHER ORDERED that the Debtor in Possession be and hereby is authorized and directed to pay Gable Gotwals the legal fees and expenses approved and awarded herein.

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Comments

IN RE GIT-N-GO, INC. (Bankr.N.D.Okla. 2005)
(Oct 7, 2005)