ORDER ON FIRST INTERIM APPLICATION FOR ALLOWANCE OF FEES AND REIMBURSEMENT OF EXPENSES BY SHIELDS, BRITTON FRASER, P.C., AS SPECIAL COUNSEL FOR THE ENTITY DEBTORS, AS DEBTORS IN POSSESSION AND THE APPLICATION TO EMPLOY SPECIAL LITIGATION COUNSEL NUNC PRO TUNC
HARLIN D. HALE, Bankruptcy Judge
BE IT REMEMBERED THAT the First Interim Application For Allowance Of Fees And Reimbursement Of Expenses By Shields, Britton Fraser, P.C., As Special Counsel For The Entity Debtors, As Debtors In Possession And The Application To Employ Special Litigation Counsel Nunc Pro Tunc (the "Applications"), filed on behalf of the above Debtors ("Debtors"). The Court finds that it has jurisdiction to enter this order as to the Debtors, that cause exists to grant the relief requested in the Motion and that such relief is in the best interests of the estates and all parties in interest. The Court further finds that sufficient notice of the Motion was provided to appropriate parties-in-interest under the circumstances and that objections by the Committee and the Allstate Insurance Entities are to be carried to the final fee application hearings.
THE COURT HEREBY FINDS:
1. This Court has jurisdiction over this matter pursuant to
28 U.S.C. § 1334. This is a core proceeding pursuant to
28 U.S.C. § 157(b)(2). Venue of the Chapter 11 Cases is proper in this district pursuant to
28 U.S.C. §§ 1408 and
1409.
2. Cause exists to grant the Applications, subject to the terms set forth herein.
THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED THAT:
1. The Applications are carried to final fee application hearings along with all objections thereto except as herein expressly stated for interim allowance.
2. The First Interim Application For Allowance Of Fees And Reimbursement Of Expenses By Shields, Britton Fraser, P.C., As Special Counsel For The Entity Debtors, As Debtors In Possession is hereby approved in the amounts of $48,985.74 which is calculated by taking the amount applied for $57,500.74 for services rendered, consisting of (i) $55,645.00 in fees for serving as special counsel for debtor in possession services rendered and (ii) $1,855.74 in reimbursable expenses incurred during the time period beginning April 23, 2005 through and including June 30, 2005 and reserving therefrom $8,515.00 as to which the Committee filed an objection and the Allstate Insurance Entities filed an objection.
3. The objections by the Committee and the Allstate Entities are carried to the final fee application hearings without prejudice of any party to re-urge their positions, subject to the Court's actions in connection with any future or final fee applications. The nunc pro tunc motion is expressly carried to final fee applications.
4. The Entity Debtors are authorized to pay Shields, Britton Fraser, P.C. the sum of $48,985.74.