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08-74573 - The Robert Plan Corporation


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08-74573 - The Robert Plan Corporation
October 26, 2010
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Memorandum Decision the Trustees request for entry of an order authorizing him to terminate the Plan and retain professionals to assist him with his duties as Administrator is granted. The request to authorize and award fees to the professionals is denied pending the filing of fee applications that comply with the Bankruptcy Code, Bankruptcy Rules and applicable Local Rules. The Trustees request for entry of an order awarding him interim compensation and authorizing the Trustee to take any actions the Trustee deems appropriate to bring the Plan into compliance with the ERISA statutes is also denied. (RE: related document(s)175 Application to Employ filed by Trustee Kenneth Kirschenbaum). Signed on 10/26/2010 (dhc)
August 20, 2012
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Memorandum Decision. Except as noted above, the objections by DOL to the Application are overruled, and the Court grants the Application as follows: Trustee: $132,378.24 as an interim award,; K&K: $47,628.77 as an interim award, subject to 20% holdback; Witz: $44,068.75 in fees and $3,775.00 in expenses as a final award; Whitfield: $53,000.00 and $1,111.64 in expenses as a final award. The Applicants must satisfy these awards using funds in the Pguy Account, and to the extent the funds in the Pguy Account are insufficient to pay these awards in full, the Applicants may use funds from the Debtors' estate for the remainder. The Court shall enter an order simultaneously with this Memorandum Decision. (RE: related document(s)275 Motion to Authorize/Direct filed by Trustee Kenneth Kirschenbaum). Signed on 8/20/2012 (dhc)
March 1, 2018
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Memorandum Decision. For the reasons stated in this Memorandum Decision, the Trustee is awarded commissions in the amount of $58,018.98 plus expenses of $2,300.69. The Trustee has received interim commissions in the amount of $66,602.39, resulting in an overpayment in the amount of $6,282.72. Kirschenbaum& Kirschenbaum is awarded fees in the amount of $406,068.75 and expenses in the amount of $7,314.81. Kirschenbaum & Kirschenbaum has received interim fees in the amount of $497,530.13, resulting in an overpayment of fees in the amount of $84,146.57. The Trustee is directed to disgorge $6,282.72. to the Debtors consolidated estates and Kirschenbaum & Kirschenbaum is directed to disgorge $84,146.57 to the Debtors consolidated estates. The Trustee is further directed to settle an amended Final Report, consistent with these findings, upon the US Trustee and all creditors in the bankruptcy cases. The Court shall enter an order consistent with this Memorandum Decision. (RE: related document(s)342 Application for Compensation filed by U.S. Trustee United States Trustee, 343 Application for Compensation filed by U.S. Trustee United States Trustee). Signed on 3/1/2018 (dnb)