Agreed Order on Application to Employ Special Counsel for ERTC Matters — In re Express Grain Terminals, LLC

Summary

An agreed order in In re: Express Grain Terminals, LLC, Chapter 11 Case No. 21-11832-SDM, in the United States Bankruptcy Court for the Northern District of Mississippi, filed October 24, 2022 as Doc 3017. It resolves the objection of the Office of the United States Trustee [DKT # 2978] to the Debtor's Application to Employ Special Counsel for ERTC Matters [DKT # 2963]. The order approves hiring Dallas, Anthony & Jeffords, PLLC and Rawlings & MacInnis, P.A. to calculate the Employee Retention Tax Credit and deliver the documents to the Internal Revenue Service to apply for it. Pay is on a contingency fee basis only, with each firm receiving one-half of the 20% contingency fee. Counsel for the Debtor and for the United States Trustee sign it with /s/ as approved for entry, and it is entered under Judge Selene D. Maddox.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Agreed Order on Application to Employ Special Counsel for ERTC Matters — In re Express Grain Terminals, LLC.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/3017-agreed-order-ust-objection-ertc-counsel-0cc1ba5092/, SHA-256 8211db6fdb8bf0729f63bd295975fbc411e8b0c164b192ad9f5c11f898dac265.

Full text

Case 21-11832-SDM Doc 3017 Filed 10/24/22 Entered 10/24/22 14:50:12 Desc Main
Document Page 1 of 5

____________________________________________________________________________
SO ORDERED,

Judge Selene D. Maddox

United States Bankruptcy Judge

The Order of the Court is set forth below. The case docket reflects the date entered.
____________________________________________________________________________

IN THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF MISSISSIPPI

IN RE: EXPRESS GRAIN TERMINALS, LLC1 CHAPTER 11
Debtor CASE NO. 21-11832-SDM

AGREED ORDER

THIS CAUSE is before the Court upon the Application of Express Grain Terminals, LLC

(the “Debtor”) to Employ Special Counsel for ERTC Matters [DKT # 2963], and upon the

objection and response thereto [DKT # 2978] filed by the Office of the United States Trustee (the

"UST"), the parties having advised the Court that they have reached a resolution of the issues

presented, and the Court being otherwise advised in the premises is of the opinion that this

Agreed Order should be entered memorializing the agreement of the parties. The Court does

hereby order, find and adjudicate as follows:

1. On September 29, 2021, the Debtor herein filed with this Court its Voluntary

Petition for bankruptcy under Chapter 11 of the Bankruptcy Code (the "Petition").

2. The Debtor, with Court approval after notice and a hearing, sold substantially all

of its assets in this case to third parties. The remaining business of the Debtor has to do with the

prosecution and collection of claims and causes of action, including avoidance claims and causes

1
Jointly administered with In re Express Biodiesel, LLC, Case No. 21-11834-SDM and In re Express
Processing, Case No. 21-11835-SDM.
Case 21-11832-SDM Doc 3017 Filed 10/24/22 Entered 10/24/22 14:50:12 Desc Main
Document Page 2 of 5

of action, objections to claims, finalizing its disclosure statement, prosecuting its plan of

liquidation and establishing a trust to administer the assets of the Debtor, post-confirmation.

3. In order to facilitate the prudent performance of its duties and the successful

operation of its affairs under this Chapter 11 proceeding, the Debtor requires the services of

Dallas, Anthony & Jeffords, PLLC, 213 Katherine Drive, Flowood, Mississippi 39232, and

Rawlings & MacInnis, P.A., P.O. Box 1789, Madison, Mississippi 39130 (the “Law Firms”), to

act as its special counsel in gathering application information and conduct the analysis necessary

to calculate the Employee Retention Tax Credit (“ERTC”) as well as delivery of the necessary

documents to the Internal Revenue Service to apply for such federal tax credits on behalf of the

Debtor. The work being performed by the Law Firms, and their compensation, is more

particularly described in the Client Services Agreement, a copy of which is attached to the

Application as Exhibit “A”.

4. The Law Firms are experienced in, and are familiar with, the work being

performed and are fully qualified to represent the interests of the Debtor therein.

5. The Debtor is informed and believes that the Law Firms have the appropriate

skills and expertise needed to serve as the Debtor’s special counsel in the connection with the

ERTC. The Law Firms have agreed to perform these services on a contingency fee basis which

is more particularly described in Paragraph 8 of the Client Services Agreement attached to the

Application as Exhibit “A”.

6. As set forth in the Affidavits of Jeff Rawlings and Dustin Jeffords attached to the

Application, both Jeff Rawlings, Dustin Jeffords and the Law Firms are “disinterested persons”

as contemplated by the applicable statutory authority under which they are to be employed and

applicable Bankruptcy Rules. Jeff Rawlings has disclosed his prior representation of Guaranty

Bank and Trust Company in this case; both the Debtor and Guaranty Bank and Trust Company
-2-
Case 21-11832-SDM Doc 3017 Filed 10/24/22 Entered 10/24/22 14:50:12 Desc Main
Document Page 3 of 5

have knowingly consented to this representation of the Debtor and agree Jeff Rawlings may be

engaged as special counsel.

7. Debtor is in need of the Law Firms to pursue the ERTC claims and seeks Court

approval of the engagement and employment of the Law Firms and the contingent fee

arrangement outlined herein.

8. As noted, the parties have resolved the objection of the UST as follows:

a. The Debtor is permitted to hire the Law Firms to act as its special counsel

in gathering application information and conduct the analysis necessary to

calculate the Employee Retention Tax Credit as well as delivery of the

necessary documents to the Internal Revenue Service to apply for such

federal tax credits on behalf of the Debtor.

b. The Law Firms have agreed to perform these services on a contingency

fee basis which is more particularly described in Paragraph 8 of the Client

Services Agreement attached to the Application as Exhibit “A”. The Law

Firms agree that compensation is on a contingency fee basis only. The

referenced invoices are merely to notify the Debtor of the contingent fees

due upon payment from the IRS. The Law Firms agree that each will

receive one-half of the 20% contingency fee: 10% to each.

c. In the event that the confirmed Plan of Liquidation provides for a

Liquidating Trustee or other replacement for the Debtor-in-Possession

(i.e., a Post-Confirmation Entity), said employment of the Law Firms shall

be governed by the terms of the Confirmed Plan addressing the hiring of

professionals by the Post-Confirmation Entity.

-3-
Case 21-11832-SDM Doc 3017 Filed 10/24/22 Entered 10/24/22 14:50:12 Desc Main
Document Page 4 of 5

d. If the Confirmed Plan does not address the hiring of professionals by the

Post-Confirmation Entity, then any special counsel hired by the Post-

Confirmation Entity shall be employed pursuant to Section 327 of the

Bankruptcy Code, and the Post-Confirmation Entity shall file a separate

application to employ on or before the Effective Date of the confirmed

plan.

9. The Application of the Debtor to Employ Special Counsel for ERTC Matters is hereby

approved pursuant to the terms stated herein.

# # END OF ORDER # #

APPROVED FOR ENTRY:

/s/ Craig M. Geno
Craig M. Geno
Counsel for Express Grain Terminals, LLC

/s/ Abigail M. Marbury
Abigail M. Marbury
Counsel for the United States Trustee

/s/ Jeff Rawlings
Jeff Rawlings, Rawlings
& MacInnis, P.A.

/s/ Dustin Jeffords
Dustin Jeffords, Dallas, Anthony
& Jeffords, PLLC

Submitted by:
Craig M. Geno, Esq. - MSB No. 4793
Law Offices of Craig M. Geno, PLLC
587 Highland Colony Parkway
Ridgeland, MS 39157
(601) 427-0048 - Telephone (601) 427-0050 Facsimile\
cmgeno@cmgenolaw.com
-4-
Case 21-11832-SDM Doc 3017 Filed 10/24/22 Entered 10/24/22 14:50:12 Desc Main
Document Page 5 of 5

-5-

File and source

File: 3017-agreed-order-ust-objection-ertc-counsel.pdf
Size: 1,194,132 bytes
SHA-256: 8211db6fdb8bf0729f63bd295975fbc411e8b0c164b192ad9f5c11f898dac265
Our copy: 3017-agreed-order-ust-objection-ertc-counsel.pdf
Original: No public link identified.