Fill and Sign the United States Bankruptcy Court District of Oregon in Re Form

-1- UNITED STATES BANKRUPTCY COURTFOR THE ______ DISTRICT OF ______ ___________________________ ) ) In re ) ) ) CASE NO. ______ ___________________________ , ) ) DEBTOR ) ___________________________ ) APPLICATION OF UNSECURED CREDITORS' COMMITTEE TO EMPLOY ACCOUNTANTS Comes now the duly appointed Unsecured Creditors' C ommittee in the above styled and numbered reorganization case under Chapter 11 of the Bankruptcy Code, and applies to the Court for a uthority to retain and appoint the firm of _____________, Certified Public Accountants, as accountants for the Unsecured Credi tors' Committee in this case, and in support thereof would respectf ully show as follows, to wit: 1. On _____________ , _____________ , the Debtor herein filed with this Court its original Petition for reorganiz ation under Chapter 11 of the Bankruptcy Code. The Debtor has continued in possession of its property and assets and is contin uing the operation of its business. Pursuant to Order enter ed 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 re organization case, it is necessary for the Committee to employ e xperienced and competent accountants to assist it by providing cer tain accounting services, which shall include: (a) Analyzing books and records which reflect the op eration of the Debtor's business prior and subsequent to co mmencement of this case. (b) Preparing financial statements for the Debtor an d its affiliates. (c) Examining transactions between the Debtor and va rious of its creditors and affiliates within two years befor e commencement of this case and subsequent thereto. (d) Reviewing the loans receivable and all transacti ons between the Debtor and its officers, employees, or stockholders. (e) Participating in the taking of inventories of th e Debtor's assets. (f) Reviewing cash receipts and disbursements for va rious 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 va rious contract negotiations which may occur during the op eration 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 D ebtor's future business operation. (k) Assisting the Committee in evaluating or formula ting provisions of a Plan of Reorganization herein. (l) Participating in meetings of the Committee and C ourt hearings as appropriate. (m) Reporting to and consulting with the Committee a nd its representatives concerning the foregoing and such o ther 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, t o advise the Unsecured Creditors' Committee on all accounting ma tters which are now anticipated to arise in this proceeding. 4. The Committee desires to employ said accounting f irm 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 fi rm has agreed to accept employment on that basis of compensation. 5. Said accounting firm and the accountants composin g 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 t he applicant's knowledge, said accounting firm and the accountants composing same have no connections with the Debtor or the creditor s herein or any other party in interest or their respective attorne ys and accountants which are prohibited, which would inter fere with or hinder the faithful performance of their duties her ein, or which need to be described herein. WHEREFORE, PREMISES CONSIDERED, the Unsecured Credi tors' -5- Committee prays that it be authorized to employ and appoint the firm of _____________ , Certified Public Accountants, of _____________, _____________ , as its accounting firm under the retainer arrange ment described hereinabove, at the expense of the estate herein; and applicant further prays for such other and more gen eral 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 s erved a true and correct copy of the foregoing Application of Un secured Creditors' Committee to Employ Accountants by perso nally delivering same or by mailing same by United States mail, postage prepaid, to Honorable _____________, _____________ , _____________ , _____________ _____________ , as attorney for Debtor, and to Honorable -6- _____________, _____________ , _____________ , _____________, as attorney for _____________. THIS the _____________ day of ______, ______ . __________________________________ _____________ -7- UNITED STATES BANKRUPTCY COURTFOR 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 th is Court of the "Application of Debtor-in-Possession for Aut hority to Employ Accountant" herein. The Court further consi dered the entire Record herein and was otherwise fully advise d in the premises, and finds that it is in the best interest of this estate and is necessary for said Debtor-in-Possession to e mploy an accountant herein, and it further appearing that ______ of ______ represents no interest adverse to the Debtor-in-Pos session or the estate in the matters upon which they will be engag ed. The Court further finds that the employment of said accountin g 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 Deb tor-in- Possession herein be and it is hereby authorized an d directed to employ and appoint _____________ of _____________ , at the expense of said estate, as accountants for the Debtor-in-Posse ssion and the estate at their standard hourly rate of not more th an ______ and /100 dollars ($ ______) per hour plus reasonable and necessary expenses, in all matters pertaining to this arrange ment proceeding, such authority to be effective as of th e 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: ____________________