Opinion
Bankruptcy Case No. BK-S-00-10533-LBR, Jointly Administered With: BK-S-00-10534-LBR (AgriBioTech Canada), BK-S-00-10534-LBR (Las Vegas Fertilizer Co.), BK-S-00-10536-LBR (Garden West Distrib., Inc.), BK-S-00-10537-LBR (Geo W. Hill Co., Inc.).
March 18, 2004
Candacc C. Carlyon, SHEA CARLYON, LTD., Las Vegas, Nevada, Counsel for Anthony H.N. Schnelling, Trustee of the AgriBioTech Creditors' Trust.
Deborah D. Williamson (SBN 21617500), COX SMITH INCORPORATED, San Antonio, Texas, Counsel for Anthony H.N. Schnelling, Trustee of the AgriBioTech Creditors' Trust.
SHEA CARLYON, LTD., Shawn W. Miller, Las Vegas, Nevada, Attorneys for Anthony H.N. Schnelling, Trustee of the ABT Creditor Trust.
DIAMOND McCARTHY TAYLOR FINLEY, BRYANT LEE, LLP, Dallas, TX, Attorneys for Anthony H.N. Schnelling, Trustee of the ABT Creditor Trust
HALE LANE PEEK DENNISON HOWARD, Pauline Ng Lee, Esq., Brent C. Eckersley, Esq., Las Vegas, NV, Counsel for Bearing Point, Inc.
McKOOL SMITH, PC, Robert Manley, Esq., Jennifer Yelton, Esq., Dallas, TX, Counsel for Bearing Point, Inc.
ROOKER, LATER RAWLINS, LLP, C. Keith Rooker, Esq., Michael Rawlins, Esq., Henderson, NV, Counsel for KPMG, LLP.
BENDINGER, CROCKETT PETERSON, GREENWOOD CASEY, Gary Bendinger, Richard W. Casey, Salt Lake City, UT, Counsel for KPMG, LLP
Barry Jenkins, U.S. Trustee, Office of the U.S. Trustee, Las Vegas, NV, United States Trustee.
ORDER APPROVING SETTLEMENT — BEARINGPOINT, INC.
Having considered the Motion to Approve Settlement — BearingPoint, Inc., and having considered the pleadings and arguments of counsel, and based upon the Court's findings of fact and conclusions of law made upon the record for good cause shown:
THE COURT FINDS that adequate notice of the Motion has been given to all parties in interest, as required by Federal Rule of Bankruptcy Procedure 9019 and as set forth in the terms of the Order Confirming First Amended Joint Plan of Reorganization of AgriBioTech, Inc., et al., entered on April 10, 2001 (the "Confirmation Order").
THE COURT FINDS that the Settlement is fair and equitable, and represents the sound business judgment of Anthony H.N. Schnelling as Trustee of the ABT Creditor Trust.
THE COURT FINDS that the terms of the Settlement as set forth in the Motion were negotiated and agreed to by all parties acting in good faith.
Based on the foregoing findings:
IT IS HEREBY ORDERED THAT the Motion is granted and the Settlement is approved.