UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK : : : : : : :
In re: LEHR CONSTRUCTION CORP., Debtor.
Chapter 11 Case No. 11-10723 (SHL)
ORDER AUTHORIZING RETENTION OF KLESTADT & WINTERS, LLP AS ATTORNEYS FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Upon the application, dated March 24, 2011 (the Application), of the Official Committee of Unsecured Creditors (the Committee) of Lehr Construction Corp., the debtor (Debtor) herein, as and for the entry of an order, pursuant to 1103(a) of Title 11 of the United States Code (the Bankruptcy Code) and Rule 2014 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), granting authority to retain Klestadt & Winters, LLP (K&W) as its counsel; and upon the affidavit of Tracy L. Klestadt (the Klestadt Affidavit), sworn to on March 24, 2011, which is annexed to the Application as Exhibit A; and notice appearing to have been given to (a) the Debtor, (b) the United States Trustee; and (b) all parties filing a notice of appearance herein; and it appearing that no other or further notice is required; and after due deliberation and sufficient cause appearing therefor, it is ORDERED, that in accordance with 1103(a) of the Bankruptcy Code, the Committee, is authorized and empowered to retain Klestadt & Winters, LLP as its attorneys in the abovecaptioned Chapter 11 case as set forth herein, nunc pro tunc to March 15, 2011; and it is further ORDERED, that Klestadt & Winters, LLP shall be compensated in accordance with the procedures set forth in 330 and 331 of the Bankruptcy Code, such Federal Rules of Bankruptcy Procedure as may be applicable from time to time, the Local Bankruptcy Rules, such
procedures as may be fixed by order of this Court, and the Guidelines promulgated by the Office of the United States Trustee; and it is further ORDERED, that ten business days notice must be provided by Klestadt & Winters, LLP to the Debtor, the United States Trustee and the Committee prior to any increases in the rates set forth in the Application, and such notice must be filed with the Court. The United States Trustee retains all rights to object to any rate increase on all grounds including, but not limited to, the reasonableness standard provided for in 330 of the Bankruptcy Code, and the Court retains the right to review any rate increase pursuant to 330 of the Bankruptcy Code; and it is further ORDERED, that the Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order; and it is further
ORDERED, that if there is any inconsistency between the terms of this Order, the Application, and the Klestadt Affidavit in support of the Application, the terms of this Order shall govern. Dated: New York, New York April 18, 2011
/s/ Sean H. Lane HONORABLE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE
NO OBJECTION: /s/Susan D. Golden UNITED STATES TRUSTEE