Opinion
Case No. 302-00979, Jointly Administered
January 6, 2004
Randal S. Mashburn, BAKER, DONELSON, BEARMAN CALDWELL BERKOWITZ, Tennessee; Charles R. Gibbs, Keith Miles Aurzada, AKIN, GUMP, STRAUSS, HAUER FELD, LLP, Texas, for Unsecured Creditors' Committee
Upon consideration of Benedetto, Gartland Company and Vulcan Capital Management's ("Committee Advisors") Final Application for Allowance of Compensation and Reimbursement of Expenses from September 9, 2002 through September 30, 2003 by Benedetto, Gartland Company and Vulcan Capital Management, Technical/Financial Advisors for the Official Committee of Unsecured Creditors (the "Final Application") and it appearing that the Court has jurisdiction; and it being apparent that appropriate notice of the Final Application having been given to the office of the United States Trustee and other parties pursuant to this Court's prior orders with respect to notice and motion procedures; and it also appearing that the U.S. Trustee's objection to the Final Application is resolved by the terms set forth herein; and sufficient cause appearing, therefore, it is:
1. ORDERED that the Committee Advisor's Final Application is hereby modified to reflect a reduction of $40,594.15 in expenses to satisfy concerns raised in the objection filed by the U.S. Trustee.
2. ORDERED that the Committee Advisor's Final Application is granted and fees and expenses are hereby approved and allowed in the amount of $832,548,89 (reflecting a reduction of $40,594.15 from the $873,143.04 originally requested). This also constitutes final approval of its prior interim fee awards.