Opinion
Case No. 02-14261 JOINTLY ADMINISTERED.
August 1, 2005
AGREED ORDER RESOLVING OBJECTION OF LEXINGTON COAL COMPANY TO FINAL FEE APPLICATION OF DELOITTE TOUCHE LLP
Deloitte Touche LLP ("Deloitte Touche) filed its Seventeenth and Final Application of Deloitte Touche LLP For Payment of Professional Fees and Expenses for the period from November 13, 2002 through October 16, 2004 [DE #5130] ("Final Fee Application") on December 3, 2004. Lexington Coal Company, LLC ("Lexington Coal") filed its Objection to the Application of Deloitte Touche LLP for Payment of Professional Fees and Expenses, [DE# 5197] on December 23, 2004.
WHEREAS, Lexington Coal is the party in interest with authority to negotiate, resolve and cause to be satisfied the Final Fee Application amount that is the subject of this Order;
WHEREAS, the Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334;
WHEREAS, this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and
WHEREAS, notice of this matter was sufficient under the circumstances; and the Court having determined that just cause exists for the relief granted herein;
IT IS HEREBY ORDERED THAT:
1. The Objection of Lexington Coal is resolved on the terms set forth in this Order;
2. Deloitte Touche submitted its Final Fee Application seeking Court approval of fees and expenses totaling $2,174,445 including $1,708,591 in fees and expenses previously paid by the Debtor. The fees and expenses sought under the Final Fee Application of Deloitte Touche are hereby allowed, subject to a reduction in the amounts sought under such Final Fee Application necessary to effectuate payment in the amount of $358,011, and the balance of the payment sought in the Final Fee Application shall be and hereby is disallowed;
3. The payment amount of $358,011 set forth in paragraph 2 is hereby allowed and shall be paid from the Professional Fees Escrow Account established pursuant to the Chapter 11 plans of the above-captioned debtors within 10 business days after entry of this Order.
4. Deloitte Touche agrees not to assert any other claims for fees or expenses connected with services rendered to the Debtors in these Chapter 11 bankruptcy proceedings including, but not limited to, general unsecured claims or administrative expense claims.
ACCEPTED AND AGREED TO IN FORM AND SUBSTANCE:
Pursuant to Local Rule 9022-1(c) counsel to Lexington Coal Company, LLC shall cause a copy of this order to be served on each of the parties designated to receive this order pursuant to Local Rule 9022-1(a) and shall file with the court a certificate of service of the order upon such parties within ten (10) days hereof.
PARTIES TO BE SERVED WITH A COPY OF THIS ORDER:
Counsel to Deloitte Touche LLP
Counsel to Lexington Coal Company, LLC
Counsel to Liquidating Trustee
Counsel to AIG