Show Temp 2 PDF — Doc. 32

What This Document Is

This is docket entry 32, a 2-page Order Approving Counsel for the Debtor, entered October 10, 2019, granting the debtor's application to employ Bernstein-Burkley, P.C. (docket entry 16). The queue's placeholder title ("Show Temp 2 PDF — Doc. 32") was an internal filename artifact, not a description of the filing. The source PDF is affected by a consistent per-character substitution cipher (the same defect pattern seen elsewhere in this case, e.g. docket entries 238-1 and 253); the text below was reconstructed by decoding the substitution rather than guessed at, since the cipher is legible and internally consistent (e.g., the recurring string decodes uniformly to "IN THE UNITED STATES BANKRUPTCY COURT").

Factual Summary

The order approves Bernstein-Burkley, P.C. (707 Grant Street, Suite 2200, Gulf Tower, Pittsburgh, PA) as attorney for the debtor effective as of September 13, 2019 (the petition date), for the reasons set forth in the underlying application at docket entry 16. The order includes standard boilerplate advising that fee approval will be based on the factors set out in the order (time and labor required, novelty and difficulty of issues, skill required, preclusion of other employment, customary fee, time limitations, experience and reputation of counsel, and awards in similar cases), that approval of the employment application is not itself a pre-approval of compensation under 11 U.S.C. § 328(a), and that any retainer paid to the attorney remains estate property pending further court order. The order also states that it does not authorize Bernstein-Burkley to retain or pay outside counsel or other professionals without prior court approval, unless done at no expense to the debtor.

Key Facts

Docket entry: 32, filed and entered October 10, 2019, 2 pages, granting the application at docket entry 16
Approves Bernstein-Burkley, P.C. as debtor's counsel effective September 13, 2019 (petition date)
Fee approval remains subject to 11 U.S.C. § 328(a) notice-and-hearing requirements; this order is not itself a pre-approval of hourly rates
Any retainer paid remains property of the estate pending further court order

Source Caveats

The source PDF is affected by a character-substitution encoding defect throughout; the summary above reflects a decoded reconstruction of a legible, internally consistent substitution cipher, not a direct OCR/text-layer extraction. Consult the source PDF directly, and cross-reference the plain-text application at docket entry 16, before quoting this order's exact language.

Date: 2019-10-10

Cite this document

“Show Temp 2 PDF — Doc. 32.” Original at ecf.wvnb.uscourts.gov, dated 2019-10-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2019-10-10-show-temp-2-pdf-b0bf346c-1/, SHA-256 b0bf346c9b4d83e68280d6cdfa6ddc7a7d85eb647c1c825adca24084c24ced9b.

Full text

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA (Elkins)

IN RE:

PANTHERA ENTERPRISES, LLC

(Debtor).

Bankruptcy No. 2:19-bk-00787

Chapter 11

ORDER APPROVING COUNSEL FOR THE DEBTOR

AND NOW, this 10th day of October , 2019, upon consideration of the APPLICATION
TO EMPLOY BERNSTEIN-BURKLEY, P.C. filed at Document No. 16, it is ORDERED,
ADJUDGED and DECREED as follows:

(1)
BERNSTEIN-BURKLEY, P.C., 707 Grant Street, Suite 2200 Gulf Tower,
Pittsburgh, PA 15219 is hereby appointed, as of September 13, 2019, as Attorney for Debtor in
this bankruptcy proceeding for the reasons set forth in the Application.

(2)
Professional persons or entities performing services in the above case are advised
that approval of fees for professional services will be based not only on the amount involved and
the results accomplished, but other factors as well, including: the time and labor reasonably
required by counsel, the novelty and difficulty of the issues presented, the skill requisite to
perform the legal service properly, the preclusion of other employment due to acceptance of this
case, the customary fee, whether the fee is fixed or contingent, the time limitations imposed by
the client or the circumstances, the experience, reputation and ability of the attorneys involved,
the undesirability of the case, the nature and length of the Professional relationship with the
client, and, awards in similar cases.

(3)
Approval of any motion for appointment of counsel in which certain fees are
requested for various identified professionals is not an agreement by the Court to allow such fees
at the requested hourly rates, and is not a preapproval of compensation pursuant to 11 U.S.C.
§328(a). Final Compensation, awarded only after notice and hearing, may be more or less than
the requested hourly rates based on application of the above-mentioned factors in granting
approval by Court Order. Any retainer paid to the Attorney is unaffected by this Order and
remains property of the Estate until further order of Court.

No. 2:19-bk-00787 Doc 32 Filed 10/10/19 Entered 10/10/19 08:21:44 Page 1 of 2
(4)
Notwithstanding anything to the contrary in the letter of engagement or agreement
between Movant and the Attorney, this Order does not authorize the Attorney to retain or pay
any outside counsel or other professional to assist Attorney in this matter unless such is done at
no expense to Movant, directly or indirectly. Any other retention of, and payment to, an outside
counsel or other professional is subject to prior approval of the Court.

No. 2:19-bk-00787 Doc 32 Filed 10/10/19 Entered 10/10/19 08:21:44 Page 2 of 2

File and source

File: gov.uscourts.wvnb.75953.32.0.pdf
Size: 232,546 bytes
SHA-256: b0bf346c9b4d83e68280d6cdfa6ddc7a7d85eb647c1c825adca24084c24ced9b
Our copy: gov.uscourts.wvnb.75953.32.0.pdf
Original: PACER (login required)