HTML Document View

Full title: Order Granting Application to Employ Kurtzman Steady, LLC as Special Counsel To Debtor (Related Doc # [256]). Service of notice of the entry of this order pursuant to Rule 9022 was made on the appropriate parties. See BNC Certificate of Notice. Signed on 1/6/2022. (kvr)

Document posted on Jan 5, 2022 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

P. 2014, authorizing the employment and retention of Kurtzman Steady, LLC (the “KS Firm”), with offices located at 2 Kings Highway West, Suite 102, Haddonfield, New Jersey 08033 as special counsel to the Debtor; and upon the Declaration of Maureen Steady in support of the Application; and it appearing that the KS Firm neither holds nor represents an interest adverse to the Debtor’s estate with respect to the matters upon which they are to be engaged; and it appearing that the KS Firm is a “disinterested person,” as the term is defined in section 101(14) of the Bankruptcy Code; and it appearing that the relief requested is in the best interest of the Debtor’s estate, its creditors, and other parties in interest; and it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and it appearing that venue of this proceeding and this Application in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and notice of this Application and the opportunity for a hearing on this Application was appropriate under the particular circumstances and that no other or further notice need be given; and after due deliberation and sufficient cause appearing therefore; it is hereby ORDERED as follows: 1. terms and conditions set forth in the Application on the matters for which Obermayer cannot handle because such matters involve their respective client[s] (the “Conflict Client”) and could present a conflict of interest, and other discrete duties as generally described in the Application and the Steady Declaration.As soon as a bankruptcy-related matter concerning any Conflict Client is identified in the Debtor’s chapter 11 case, Obermayer, in addition to any duty they have under applicable statute or rule concerning conflict matters, shall have the duty to notify the KS Firm of that fact so that the KS Firm may promptly advise the Debtor as it involves such Conflict Client.The KS Firm will file fee applications for interim and final allowance of compensation and reimbursement of expenses pursuant to the procedures set forth in sections 330 and 331 of the Bankruptcy Code, In re Busy Beaver Building Center, Inc., 19 F.3d 833 (3rd Cir. 1994), and such Bankruptcy Rules as may then be applicable, from time to time, and such procedures as may be fixed by order of this Court.The KS Firm shall be compensated in accordance with the standards and procedures set forth in sections 330 and 331 of the Bankruptcy Code and all applicable Bankruptcy Rules, Local Bankruptcy Rules for the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”), guidelines promulgated by the Office of the United States Trustee, and further orders of this Court.

List of Tables

Document Contents

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) Order Filed on January 6, 2022 Obermayer Rebmann Maxwell & Hippel LLP by Clerk Edmond M. George, Esquire U.S. Bankruptcy Court District of New Jersey Michael D. Vagnoni, Esquire (pro hac vice) Turner N. Falk, Esquire 1120 Route 73, Suite 420 Mount Laurel, NJ 08054-5108 Telephone: (856) 795-3300 Facsimile: (856) 482-0504 E-mail:edmond.george@obermayer.com michael.vagnoni@obermayer.com turner.falk@obermayer.com Counsel to the Debtor and Debtor in Possession In re: Chapter 11 ALUMINUM SHAPES, L.L.C., Case No. 21-16520-JNP Debtor. ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF KURTZMAN STEADY, LLC AS SPECIAL COUNSEL TO THE DEBTOR AND DEBTOR IN POSSESSION The relief set forth on the following pages, two (2) through four (4) is hereby ORDERED. DATED: January 6, 2022

1

Upon the application (the “Application”)1 of the debtor and debtor in possession, Aluminum Shapes, L.L.C. (the “Debtor”) for entry of an order pursuant to sections 327(e) and 328(a) of the Bankruptcy Code and Fed. R. Bankr. P. 2014, authorizing the employment and retention of Kurtzman Steady, LLC (the “KS Firm”), with offices located at 2 Kings Highway West, Suite 102, Haddonfield, New Jersey 08033 as special counsel to the Debtor; and upon the Declaration of Maureen Steady in support of the Application; and it appearing that the KS Firm neither holds nor represents an interest adverse to the Debtor’s estate with respect to the matters upon which they are to be engaged; and it appearing that the KS Firm is a “disinterested person,” as the term is defined in section 101(14) of the Bankruptcy Code; and it appearing that the relief requested is in the best interest of the Debtor’s estate, its creditors, and other parties in interest; and it appearing that the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and it appearing that venue of this proceeding and this Application in this District is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and notice of this Application and the opportunity for a hearing on this Application was appropriate under the particular circumstances and that no other or further notice need be given; and after due deliberation and sufficient cause appearing therefore; it is hereby ORDERED as follows: 1. The Application is GRANTED effective as of November 9, 2021 and to the extent set forth herein. 2. The Debtor is AUTHORIZED pursuant to sections 327(e) and 328(a) of the Bankruptcy Code to employ and retain the KS Firm as their special counsel in accordance with the 1 Capitalized terms used in this Order but not defined herein shall have the meanings ascribed to such terms in the Application.

2

terms and conditions set forth in the Application on the matters for which Obermayer cannot handle because such matters involve their respective client[s] (the “Conflict Client”) and could present a conflict of interest, and other discrete duties as generally described in the Application and the Steady Declaration. 3. As soon as a bankruptcy-related matter concerning any Conflict Client is identified in the Debtor’s chapter 11 case, Obermayer, in addition to any duty they have under applicable statute or rule concerning conflict matters, shall have the duty to notify the KS Firm of that fact so that the KS Firm may promptly advise the Debtor as it involves such Conflict Client. 4. If the Debtor is adverse to any Conflict Client, the KS Firm, and not Obermayer, shall represent the Debtor in such matter. 5. Subject to approval under sections 330 or 331 of the Bankruptcy Code, the KS Firm will receive compensation for the professional services it renders according to the following: (i) partners $385.00 to $490.00; and (ii) paralegals and law clerks $110.00. 6. The KS Firm will file fee applications for interim and final allowance of compensation and reimbursement of expenses pursuant to the procedures set forth in sections 330 and 331 of the Bankruptcy Code, In re Busy Beaver Building Center, Inc., 19 F.3d 833 (3rd Cir. 1994), and such Bankruptcy Rules as may then be applicable, from time to time, and such procedures as may be fixed by order of this Court. 7. The KS Firm shall be compensated in accordance with the standards and procedures set forth in sections 330 and 331 of the Bankruptcy Code and all applicable Bankruptcy Rules, Local Bankruptcy Rules for the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”), guidelines promulgated by the Office of the United States Trustee, and further orders of this Court.

3

8. The Debtor is AUTHORIZED to take all actions necessary to effectuate the relief granted pursuant to this Order in accordance with the Application. 9. Notwithstanding the possible applicability of Bankruptcy Rules 6004(h), 7062, 9014, or otherwise, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry. 10. All time periods set forth in this Order shall be calculated in accordance with Bankruptcy Rule 9006(a). 11. The requirement set forth in Rule 9013-1(a)(3) of the Local Rules that any motion or other request for relief be accompanied by a memorandum of law is hereby deemed satisfied by the contents of the Application or otherwise waived. 12. To the extent this Order is inconsistent with any prior order or pleading with respect to the Application, in this case, the terms of this Order shall govern. 13. The Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.

4