Opinion
Case No. 01-31609-7
September 3, 2003
ORDER
At Butte in said District this 3rd day of September, 2003.
In this Chapter 7 case, in response to this Court's Memorandum of Decision, Order and Judgement entered on July 28, 2003, Perkins Coie LLP ("Perkins"), attorneys for the Debtor in Chapter 11, filed on August 18, 2003, an Application for Reimbursement of Costs and Expenses (hereinafter "Application"), requesting costs and expenses in the amount of $59,234.30 incurred in complying with this Court's Case Management Order and earlier Order entered on May 24, 2001 (docket no. 25). Perkins' Application and supporting documents were served on the parties. No objection or request for hearing has been filed.
The U.S. Trustee filed a response on August 28, 2003, stating that the Court's Order allowed Perkins to apply for costs incurred in compliance with the Case Management Order only, and not the May 24, 2001, Order, but that the U.S. Trustee does not object to allowance of costs associated with the May 24, 2001, Order if the Court deems it appropriate to allow those costs, and that all costs set forth in Perkins' Application are actual and necessary. Upon review of the record, in the absence of any objection after notice, the Court deems it appropriate under the reasoning of this Court's Memorandum of Decision entered July 28, 2003, to allow Perkins reimbursement of costs incurred in complying with this Court's May 24, 2001, Order in addition to those incurred in complying with the Case Management Order. The Court finds that the costs and expenses requested by Perkins in the amount of $59,234.30, are actual, reasonable and necessary second-tier administrative expenses of the estate.
IT IS ORDERED the Application for Reimbursement of Costs and Expenses filed on August 18, 2003, by Perkins Coie LLP, is GRANTED; and Perkins Coie LLP is awarded costs and expenses in the amount of $59,234.30, be treated as a second-tier administrative expense of the estate pursuant to 11 U.S.C. § 726(b).