Fill and Sign the Creditors Committee Form

- 1 -UNITED STATES BANKRUPTCY COURT FOR THE ______ DISTRICT OF ______ ___________________________ ) ) In re ) ) ) CASE NO. ______ ___________________________ , ) ) DEBTOR ) ___________________________ ) APPLICATION OF UNSECURED CREDITORS' COMMITTEE TO EMPLOY ACCOUNTANTS Comes now the duly appointed Unsecured Creditors' Committee in the above styled and numbered reorganization case under Chapter 11 of the Bankruptcy Code, and applies to the Court for authority to retain and appoint the firm of _____________ , Certified Public Accountants, as accountants for the Unsecured Creditors' Committee in this case, and in support thereof would respectfully show as follows, to wit: 1. On _____________ , _____________ , the Debtor herein filed with this Court its original Petition for reorganization under Chapter 11 of the Bankruptcy Code. The Debtor has continued in possession of its property and assets and is continuing the operation of its business. Pursuant to Order entered herein, this - 2 -Court has duly appointed the applicant Unsecured Creditors' Committee, with the undersigned serving as Chairman thereof. 2. In order to facilitate the prudent performance of its duties as Unsecured Creditors' Committee in this reorganization case, it is necessary for the Committee to employ experienced and competent accountants to assist it by providing certain accounting services, which shall include: (a) Analyzing books and records which reflect the operation of the Debtor's business prior and subsequent to commencement of this case. (b) Preparing financial statements for the Debtor and its affiliates. (c) Examining transactions between the Debtor and various of its creditors and affiliates within two years before commencement of this case and subsequent thereto. (d) Reviewing the loans receivable and all transactions between the Debtor and its officers, employees, or stockholders. (e) Participating in the taking of inventories of the Debtor's assets. (f) Reviewing cash receipts and disbursements for various periods prior to commencement of this case. (g) Reviewing all financial information prepared for the - 3 -Debtor's business operation during administration of this case. (h) Analyzing financial and accounting aspects of various contract negotiations which may occur during the operation of the Debtor's business. (i) Evaluating claims asserted by various creditors. (j) Reviewing and preparing pro forma balance sheets, profit and loss statements, and other projections of the Debtor's future business operation. (k) Assisting the Committee in evaluating or formulating provisions of a Plan of Reorganization herein. (l) Participating in meetings of the Committee and Court hearings as appropriate. (m) Reporting to and consulting with the Committee and its representatives concerning the foregoing and such other financial or accounting matters on behalf of the Committee as may become necessary in this case. 3. At a scheduled meeting of the Unsecured Creditors' Committee, at which a majority of the Committee was present, the Committee determined that it desires to employ the firm of _____________ , Certified Public Accountants, for the performance of the accounting services which will be needed by the Committee herein. Said accounting firm, whose office is in _____________ , - 4 -_____________ , is composed of professional accounting personnel fully competent, through training and experience, to advise the Unsecured Creditors' Committee on all accounting matters which are now anticipated to arise in this proceeding. 4. The Committee desires to employ said accounting firm on the basis of its standard hourly rate, according to the person performing the services but not more than $ _____________ per hour, with all compensation to said accounting firm from this estate to be first approved by the Court. Said accounting firm has agreed to accept employment on that basis of compensation. 5. Said accounting firm and the accountants composing same do not represent any entity in connection with this case; and the employment of said accounting firm by the Committee would be in the best interest of this estate. To the best of the applicant's knowledge, said accounting firm and the accountants composing same have no connections with the Debtor or the creditors herein or any other party in interest or their respective attorneys and accountants which are prohibited, which would interfere with or hinder the faithful performance of their duties herein, or which need to be described herein. WHEREFORE, PREMISES CONSIDERED, the Unsecured Creditors' Committee prays that it be authorized to employ and appoint the - 5 -firm of _____________ , Certified Public Accountants, of _____________ , _____________ , as its accounting firm under the retainer arrangement described hereinabove, at the expense of the estate herein; and applicant further prays for such other and more general relief as the Court may deem just. Respectfully submitted, UNSECURED CREDITORS' COMMITTEE By:_______________________________ _____________________, Chairman Attorney Name _____________ Address _____________ Phone _____________ CERTIFICATE I, _____________ , attorney for Unsecured Creditors' Committee, do hereby certify that I have this day served a true and correct copy of the foregoing Application of Unsecured Creditors' Committee to Employ Accountants by personally delivering same or by mailing same by United States mail, postage prepaid, to Honorable _____________ , _____________ , _____________ , _____________ _____________ , as attorney for Debtor, and to Honorable _____________ , _____________ , _____________ , _____________ , as - 6 -attorney for _____________ . THIS the _____________ day of ______ , ______ . __________________________________ _____________ - 7 -UNITED STATES BANKRUPTCY COURT FOR THE _____________ DISTRICT OF _____________ _____________ DIVISION ) In re ) ___________________________ ) ) CASE NO. ______ ) ___________________________ DEBTOR ) ) ___________________________ ) ORDER AUTHORIZING DEBTOR-IN-POSSESSION TO EMPLOY ACCOUNTANT This cause came on this day for consideration by this Court of the "Application of Debtor-in-Possession for Authority to Employ Accountant" herein. The Court further considered the entire Record herein and was otherwise fully advised in the premises, and finds that it is in the best interest of this estate and is necessary for said Debtor-in-Possession to employ an accountant herein, and it further appearing that ______ of ______ represents no interest adverse to the Debtor-in-Possession or the estate in the matters upon which they will be engaged. The Court further finds that the employment of said accounting firm would be - 8 -to the best interest of the estate herein, good cause having been shown therefor. IT IS, THEREFORE, ORDERED AND ADJUDGED that the Debtor-in- Possession herein be and it is hereby authorized and directed to employ and appoint _____________ of _____________ , at the expense of said estate, as accountants for the Debtor-in-Possession and the estate at their standard hourly rate of not more than ______ and / 100 dollars ($ ______ ) per hour plus reasonable and necessary expenses, in all matters pertaining to this arrangement proceeding, such authority to be effective as of the date of the filing of the petition for relief herein. SO ORDERED on this the ______ day of ______ , ______ . United States Bankruptcy Judge Prepared and Presented by: ____________________