The bankruptcy court approved the debtors' motion to employ ordinary course professionals to provide services in the normal course of business. The order authorizes the debtors to retain and pay professionals listed in Exhibit A, as well as additional professionals that may be needed, so long as no objections are raised within 15 days. Professionals cannot be paid more than $25,000 per month on average without seeking additional court approval. The order aims to allow the debtors to efficiently operate their businesses during the bankruptcy proceedings.
The bankruptcy court approved the debtors' motion to employ ordinary course professionals to provide services in the normal course of business. The order authorizes the debtors to retain and pay professionals listed in Exhibit A, as well as additional professionals that may be needed, so long as no objections are raised within 15 days. Professionals cannot be paid more than $25,000 per month on average without seeking additional court approval. The order aims to allow the debtors to efficiently operate their businesses during the bankruptcy proceedings.
The bankruptcy court approved the debtors' motion to employ ordinary course professionals to provide services in the normal course of business. The order authorizes the debtors to retain and pay professionals listed in Exhibit A, as well as additional professionals that may be needed, so long as no objections are raised within 15 days. Professionals cannot be paid more than $25,000 per month on average without seeking additional court approval. The order aims to allow the debtors to efficiently operate their businesses during the bankruptcy proceedings.
FOR THE DISTRICT OF DELAWARE Chapter 11 ALLIED SYSTEMS HOLDINGS, INC., et al., 1 Case No.12-11564 (CSS) Debtors. (Jointly Administered) Re: Docket No. 160 ORDER AUTHORIZING EMPLOYMENT AND RETENTION OF PROFESSIONALS USED IN ORDINARY COURSE OF BUSINESS A!OA!C PRO TOA!CTO JUNE 10, 2012 Upon consideration of the motion (the "Motion") 2 of the Debtors for an order, pursuant to 105, 327, 328, and 330 of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1, authorizing the employment and retention of the Ordinary Course Professionals; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. 157 and 1334; and the Court having reviewed the Motion; and it appearing that the relief requested is in the best interests of the Debtors and their estates and creditors and
all other parties in interest; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; and it appearing that the Motion is a core proceeding pursuant to 28 U.S.C. 157; and venue being proper in this Court pursuant to 28 U.S.C. 1408 and 1409; and due and proper notice of the Motion having been provided; and it appearing that The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90- 0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (875688228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38- 2918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology LLC (45-4242057); QAT, Inc. (59- 2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91- 0847582). The location of the Debtors' corporate headquarters and the Debtors' address for service of process is 2302 Parklake Drive, Bldg. 15, Ste. 600, Atlanta, Georgia 30345. 2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion . RLFI 6217740v. 2 no other or further notice need be provided; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY ORDERED THAT: 1. The Motion is granted as set forth herein. 2. The form of the Retention Affidavit is approved. 3. Pursuant to 105, 327, 328, and 330 of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1, to the extent deemed necessary or appropriate by the Debtors, the Debtors are authorized to employ the Ordinary Course Professionals, including but not limited to those listed on Exhibit A attached to the Motion, in the ordinary course of business, effective as of June 10, 2012. 4. Within thirty (30) days of the later of the entry of this Order and the engagement of such professional by the Debtors, each Ordinary Course Professional for the Debtors, including those listed on Exhibit A attached to the Motion, will serve upon the U.S. Trustee, the Debtors, and any official committees appointed in the Chapter 11 Cases, and file with the Court, a Retention Affidavit, substantially in the form attached to the Motion as Exhibit B, certifying that such Ordinary Course Professional does not represent or hold any interest adverse to the Debtors or to their estates with respect to the matter on which such it is to be employed, which form is hereby approved. 5. The Notice Parties shall be given fifteen (15) days from receipt of the Retention Affidavit to object to the retention of such Ordinary Course Professional, and any such objections shall be served upon (i) proposed counsel to Debtors, Richards, Layton & Finger, P.A., One Rodney Square, 920 N. King Street, Wilmington, Delaware 19801 (Attn: Mark D. Collins and Christopher M. Samis); and Troutman Sanders LLP, Bank of America Plaza, 600 2 RLFl 6217740v. 2 Peachtree Street NE, Suite 5200, Atlanta, Georgia 30308-2216 (Attn: Jeffrey W. Kelley), (ii) the U.S. Trustee for the District of Delaware, 844 N. King Street, Suite 2207, Lockbox 35,
Wilmington, Delaware 19801 (Attn: David Buchbinder), (iii) the relevant Ordinary Course Professional, and (iv) proposed co-counsel to the Committee, Sidley Austin LLP, 787 Seventh Avenue, New York, New York 10019 (Attn: Michael G. Burke) and Sullivan Hazeltine Allinson LLC, 901 North Market Street, Suite 1300, Wilmington, Delaware 19801 (Attn: William D. Sullivan). If no objection is submitted by the Objection Deadline with respect to such Ordinary Course Professional, the Debtors are hereby authorized to employ and to retain such Ordinary Course Professional without further order by this Court. 6. The Debtors are authorized to employ Ordinary Course Professionals not listed on Exhibit A attached to the Motion, as the need arises, by filing the Additional Ordinary Course Professionals Notice and serving that notice, along with completed Retention Affidavits, on the Notice Parties. Upon receipt of the Additional Ordinary Course Professionals Notice, the Notice Parties shall be given fifteen (15) days to object to the retention of such additional Ordinary Course Professional. In the event no objection is filed prior to the Objection Deadline, the retention of such Ordinary Course Professionals shall be deemed approved by this Court. 7. The Debtors are authorized and empowered to pay compensation and to reimburse expenses to each of the Ordinary Course Professionals retained pursuant to this Order in the customary manner, in the full amount billed by each such professional, upon receipt of a reasonably detailed invoice (a) indicating the nature of the services rendered and (b) calculated in accordance with such professional's standard billing practices (without prejudice to the Debtors' right to dispute any such invoices), up to a maximum of $25,000 per month per Ordinary Course Professional on average over a rolling three-month period . 3 RLF16217740v. 2
8. To the extent that an Ordinary Course Professional seeks compensation in excess of the OCP Fee Limit (the "Excess Fees"), the Ordinary Course Professional shall file a fee application for the full amount of its fees for that single month in accordance with Bankruptcy Code 330 and 331, the Bankruptcy Rules, the Local Rules, any fee guidelines of the United States Trustee, and any applicable orders of this Court. 9. Notwithstanding the relief granted in this Order and any actions taken pursuant to such relief, nothing in this Order shall be deemed: (a) an admission as to the validity of any claim against any Debtor; (b) a waiver of the Debtors' right to dispute any claim on any grounds; (c) a promise or requirement to pay any claim; (d) an implication or admission that any particular claim is of a type specified or defined in this Order or the Motion; (e) a request or authorization to assume any agreement, contract, or lease pursuant to 365 of the Bankruptcy Code; or (f) a waiver of the Debtors' rights under the Bankruptcy Code or any other applicable law . 10. This Order shall not apply to any professional retained by the Debtors pursuant to a separate order of this Court. 11. Notwithstanding anything to the contrary in this Order, the authorization granted herein to the Debtors in no way requires the Debtors to make any payment. 12. The Debtors are authorized and empowered to take any necessary actions to implement and effectuate the terms of this Order. 13. This Court shall retain jurisdiction over all matters arising from or related to the interpretation and implementation of this Order. Dated: Delaware THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE 4 RLFl 6217740v. 2