In re Phoenix Restaurant Group, Inc.

Full title: In RE: PHOENIX RESTAURANT GROUP, INC., et al., Chapter 11, Debtors

Court: United States Bankruptcy Court, M.D. Tennessee, Nashville Division

Date published: Nov 21, 2001

Case No. 301-12036-KL3-11 Jointly Administered (Bankr. M.D. Tenn. Nov. 21, 2001)

Opinion

Case No. 301-12036-KL3-11 Jointly Administered

November 21, 2001

ELLEN B. BERGOS, United States, Trustee, Region 8, Beth Roberts Derrick, Assistant United States Trustee Nashville, Tennessee.

Tim J. Robinson, DINSMORE SHOHL LLP, Cincinnati, Ohio, Attorneys for the Debtor.

AGREED ORDER RESOLVING THE OBJECTION OF THE UNITED STATES TRUSTEE TO THE ORDER AND NOTICE AUTHORIZING EMPLOYMENT AND RETENTION OF DINSMORE SHOHL LLP AS ATTORNEYS FOR THE DEBTORS AND AUTHORIZING APPLICATION OF RETAINER TO PRE-PETITION DEBT

KEITH M. LUNDIN, United States Bankruptcy Judge.

As evidenced by the signatures below, the United States Trustee and Dinsmore Shohl, LLP, have resolved the United States Trustee's Objection to the Order and Notice Authorizing Employment and Retention of Dinsmore Shohl, LLP, as Attorneys for the Debtors and Authorizing Application of Retainer to Pre-petition Debt as follows:

1. Dinsmore Shohl, LLP, shall not apply post petition any of the retainer to debt owed pre-petition to Dinsmore Shohl without the appropriate application pursuant to Rule 2016, F.R.B.P.

2. Specific information concerning the amounts paid to the firm and the timing of the payments relative to the provision of the services for which payment necessary in order to determine whether the firm is disinterested has been filed with the Court; and

3. Nothing in this Order shall be deemed a waiver of the right of any party to object to the employment or compensation of Dinsmore Shohl on the basis of lack of disinterestedness or conflict of interest.