Summary
concluding that the Valley Media/Oakwood Homes "standard is entirely consistent" with Twombley, Iqbal, and Fowler
Summary of this case from Stanziale v. DMJ Gas-Marketing Consultants, LLC (In re Tri-Valley Corp.)Opinion
Case No. 09-10695 (CSS)
08-22-2012
In re: Anderson News, LLC, Debtor.
Chapter 11 Docket Ref. No. 232, 256, 1451, 1464 & 1465 ORDER AMENDING THE ORDER PURSUANT TO SECTION 327(e) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULE 2014(a) APPROVING THE RETENTION AND EMPLOYMENT OF THE LAW OFFICE OF DAVID J. HUNGELING AS COLLECTIONS COUNSEL TO THE DEBTOR
Upon consideration of (i) the Amended Application for an Order Pursuant to Section 327(e) of the Bankruptcy Code and Bankruptcy Rule 2014(a) Approving the Retention and Employment of the Law Office of David J. Hungeling, P.C. as Collections Counsel to the Debtor (the "Amended Application"), (ii) the original application (the " Application ") of the above captioned debtor and debtor in possession (the " Debtor" ), seeking entry of an order pursuant to section 327(e) of title 11, United States Code, 11 U.S.C. §§ 101 et seq. (the " Bankruptcy Code ") and rule 2014(a) of the Federal Rules of Bankruptcy Procedure (the " Bankruptcy Rules" ) authorizing and approving the employment and retention of the Law Office of David J. Hungeling (" Hungeling ") as Collections Counsel to the Debtor, all as more fully set forth in the Application; (iii) the Declaration of David J. Hungeling, a partner of Hungeling, annexed to the Amended Application as Exhibit A, and the Supplemental Declaration of David J. Hungeling filed on August 21, 2012 (collectively the "Hungeling Declarations"); and (iv) the Order granting the Application, and the Court being satisfied, based on the representations made in the Application and Amended Application and the Hungeling Declarations, that Hungeling does not represents or hold any interest adverse to the Debtor or its estate with respect to the matters on which Hungeling is to be employed; and the Court having jurisdiction to consider the Amended Application and the relief requested therein in accordance with 28 U.S.C. §§ 157 and 1334; and due notice of the Amended Application having been provided; and it appearing that no other or further notice of the Amended Application need be provided; and the Court having determined that the relief sought in the Amended Application is in the best interests of the Debtor, its estate and all parties in interest; and upon the Amended Application, and the Hungeling Declarations; and all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefore, it is
Unless otherwise defined herein, all capitalized terms shall have the meanings ascribed to them in the Application. --------
ORDERED that the Amended Application is granted and approved, as set forth herein; and it is further
ORDERED that, pursuant to section 327(e) of the Bankruptcy Code, the Debtor, as debtor in possession, is authorized to employ and retain Hungeling as Collection Counsel to the Debtor, effective as of December 30, 2009 in this Chapter 11 Case; and is further
ORDERED that Hungeling is authorized to represent the Debtor in all aspects of its dispute with Source Interlink regarding disposition of a letter of credit issued to Anderson News by Source Interlink incident to certain insurance deductible obligations, including the initiation and prosecution of arbitration proceedings; and it is further
ORDERED that Hungeling shall be compensated in accordance with sections 330 and 331 of the Bankruptcy Code, applicable Bankruptcy Rules, local rules and orders of the court, guidelines established by the Office of the United Sates Trustee, and such other procedures as may be fixed by order of this Court; and it is further
ORDERED that this Court shall retain jurisdiction with respect to any matters, claims, rights or disputes arising from or related to the implementation of this Order, and it is further
ORDERED that this Court shall retain jurisdiction with respect to any matters, claims, rights, or disputes arising from or related to the implementation of this Order. Dated: August 22, 2012
/s/_________
Christopher S. Sontchi
Bankruptcy Judge