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IN RE: CONSUMERS IGA THRIFTWAY, INC., an Arkansas corporation, MARVIN'S BFL OF TULSA, INC., an Oklahoma corporation, MARVIN'S IGA, INC., an Oklahoma corporation, MARVIN'S, INC., an Arkansas corporation, MARVIN'S, INC., a Kansas corporation, JAMES L. MARVIN JR., REVOCABLE TRUST AND PAMELA S. MARVIN REVOCABLE TRUST, A PARTNERSHIP, JAMES L. MARVIN JR., REVOCABLE TRUST, A SOLE PROPRIETORSHIP, JAMES L. MARVIN JR., REVOCABLE TRUST AND JAMES L. MARVIN III, A PARTNERSHIP, Chapter 11, Debtors.

TOM CORNISH, Bankruptcy Judge

ORDER

THIS MATTER having come on for consideration this ____ day of ____ 2005, upon Motion For Order Authorizing Payment Of Fees filed herein by The Food Partners LLC (Food Partners) the Court finds:

1) That the above referenced Application was filed herein on the 31st day of December, 2004.

2) That on the 14th day of January, 2005, the U.S. Trustee filed her "Comments Regarding The Final Application For Allowance of Fees By Food Partners LLC." In addition to noting the assistance provided by Food Partners to the debtor, the U.S. Trustee's office further expressed concerns regarding, among other matters, Food Partners' hourly rate and that the ultimate fees and expenses bear a relationship to a benefit to the estate including any ultimate dividend to unsecured creditors.

3) The Committee expressed concerns regarding the Application and has made it clear that absent an agreement of the parties, an objection to the Application would be filed prior to the deadline for filing such objection.

4) The debtor likewise expressed concerns regarding the pending motion and engaged in discussions with Food Partners and the U.S. Trustee in an attempt to resolve the concerns prior to the deadline to file objections.

5) That on the 21st day of February 2005, Food Partners, the debtor, the U.S. Trustee's office, and the Committee filed herein their Joint Report regarding a settlement of these formal and informal objections to the pending motion (Joint Report). That Report advised the Court of the parties' consent to an order authorizing the previous payments to Food Partners of $200,000 in fees and $26,804.43 in expenses and the additional allowance to Food Partners of $245,000 for additional fees and expenses. Further, based on the agreement set forth in the Joint Report, the remainder of the relief sought in the Application shall be denied and Food Partners shall not be entitled to any additional payments from the debtor or its estate.

6) That Food Partners provided proper and adequate notice of the Application to all necessary and interested parties. That no objections to the motion other than the objections noted herein were filed, provided, further, the Committee and the debtor, based upon the agreement set forth herein and the approval thereof, refrained from filing a formal objection to the Application.

7) That the proposed compromise and settlement of the Application is fair and equitable and in the best interests of this estate.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the prior payments by the debtor to Food Partners for fees in the amount of $200,000 and expenses of $26,804.43 is hereby approved and allowed as a final allowance.

IT IS FURTHER ORDERED that Food Partners is hereby allowed an additional $245,000 for fees and expenses incurred in this case as a final allowance and the debtor is authorized and directed to pay the same.

IT IS FURTHER ORDERED that the remainder of the relief sought in the Application is denied and that Food Partners shall not be entitled to any additional payments from the debtor or its estate.

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IN RE CONSUMERS IGA THRIFTWAY, INC. (Bankr.E.D.Okla. 2005)
(Mar 3, 2005)