Order Approving Application of Chapter 11 Trustee to Employ Radbod and Associates Inc. as Bookkeeper

Summary

The United States Bankruptcy Court for the Central District of California entered this order on September 30, 2022 (Doc 470) in In re Cherry Man Industries, Inc., Case No. 2:22-bk-11471-NB, granting the application of Chapter 11 Trustee Hamid R. Rafatjoo to employ Radbod and Associates Inc. as bookkeeper and to prepare an Employee Retention Tax Credit Study. The Trustee filed the application on September 2, 2022 (Doc 401), and the order states that no opposition was filed. Radbod's employment is effective as of August 16, 2022. For Service 1 the Trustee may pay Radbod a $20,000 retainer from estate funds; for Service 2, a flat fee of $8,500 for each quarterly period, with 50% due upon entry of the order and 50% before the filing of Form 941-X.

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“Order Approving Application of Chapter 11 Trustee to Employ Radbod and Associates Inc. as Bookkeeper.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/470-order-approving-employment-radbod-4ad20b83b1/, SHA-256 18eaa8fa66235cc7288e888e3770f4060672cf7d815899890ab433fed5deefd1.

Full text

Case 2:22-bk-11471-NB Doc 470 Filed 09/30/22 Entered 09/30/22 16:16:53 Desc
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1 DAVID B. GOLUBCHIK (Sate Bar No. 185520)
KRIKOR J. MESHEFEJIAN (State Bar No. 255030)
2 JONATHAN D. GOTTLIEB (State Bar No. 339650) FILED & ENTERED
3 LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2818 La Cienega Avenue
4 Los Angeles, California 90034 SEP 30 2022
Telephone: (310) 229-1234
5 Facsimile: (310) 229-1244 CLERK U.S. BANKRUPTCY COURT
Email: DBG@LNBYG.COM; KJM@LNBYG.COM; JDG@LNBYG.COM Central District of California
6 BY ghaltchi DEPUTY CLERK

7 Attorneys for Hamid R. Rafatjoo,
Chapter 11 Trustee CHANGES MADE BY COURT
8

9 UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
10 LOS ANGELES DIVISION

11
In re: Case No.: 2:22-bk-11471-NB
12
CHERRY MAN INDUSTRIES, INC., Chapter 11 Case
13
Debtor and Debtor in Possession ORDER APPROVING APPLICATION
14 OF CHAPTER 11 TRUSTEE TO
15 EMPLOY RADBOD AND
ASSOCIATES INC. AS BOOKKEEPER
16 AND FOR THE PURPOSES OF
PREPARING AN EMPLOYEE
17 RETENTION TAX CREDIT STUDY
PURSUANT TO 11 U.S.C. §§ 327, 328
18 AND 330
19
[No Hearing Required]
20

26
27

1
Case 2:22-bk-11471-NB Doc 470 Filed 09/30/22 Entered 09/30/22 16:16:53 Desc
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1 On September 2, 2022, Hamid R. Rafatjoo, the Chapter 11 Trustee (the “Trustee”) of the

2 bankruptcy estate of Cherry Man Industries, Inc. filed that certain Application Of Chapter 11

3 Trustee To Employ Radbod And Associates Inc. As Bookkeeper And For The Purposes Of

4 Preparing An Employee Retention Tax Credit Study Pursuant To 11 U.S.C. §§ 327, 328 and 330

5 (the “Application”) (Doc 401), and the Statement of Disinterestedness (dkt. 403), pursuant to

6 sections 327(a), 328(a), 363 and 1103(a) of Title 11 of the United States Code (the “Bankruptcy

7 Code”), Rule 2014 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and

8 Rule 2014-1 of the Local Rules of Bankruptcy Practice and Procedure of the United States

9 Bankruptcy Court for the Central District of California (the “Local Rules”) for an order

10 authorizing the Trustee to retain Radbod and Associates Inc. (“Radbod”) as the Trustee’s

11 bookkeeper and for the purpose of providing professional services in connection with an

12 Employee Retention Tax Credit Study; and the Court having jurisdiction to consider the

13 Application and the relief requested therein in accordance with 28 U.S.C. § 1334; and

14 consideration of the Application and the relief requested therein being a core proceeding pursuant

15 to 28 U.S.C. § 157(b); and venue being proper before this Court pursuant to 28 U.S.C. §§ 1408

16 and 1409; and due and proper notice of the Application having been provided, no opposition to

17 the Application having been filed; and it appearing that no other or further notice need be

18 provided; and it appearing to the Court that the said Application and the relief sought therein

19 under the circumstances of the case is in the best interest of the estate and should be approved, it

20 is, therefore, ORDERED that:

21 1. The Application is granted.

22 2. Pursuant to sections 327, 328, 363 and 1103 of the Bankruptcy Code, Bankruptcy

23 Rule 2014, and Local Rule 2014-1, the Trustee is authorized to employ and retain Radbod for the

24 purposes set forth in the Application, effective as of August 16, 2022.

25 3. Radbod shall apply for compensation for professional services rendered and

26 reimbursement of expenses incurred in connection with the services it provides to the Trustee, as
27 set forth in the Application and in compliance with the applicable provisions of the Bankruptcy

2
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1 Code, the Bankruptcy Rules, the Local Rules, and any other applicable procedures and orders of

2 this Court.

3 4. With respect to Service 11, the Trustee is authorized to pay to Radbod from estate

4 funds a retainer in the amount of $20,000 (the “Service 1 Retainer”). Radbod is authorized to

5 draw down upon the Service 1 Retainer to pay for all fees and costs incurred in connection with

6 Service 1 on a monthly basis, with all such fees and costs remaining subject to final approval of

7 the Court pursuant to a final fee application. Additionally, the Trustee is authorized to pay

8 Radbod from estate funds for any fees and costs incurred in connection with Service 1 and in

9 excess of the Service 1 Retainer, on a monthly, interim basis, without further Court approval,

10 provided that all such fees and costs shall remain subject to final approval of the Bankruptcy

11 Court pursuant to a final fee application.

12 5. With respect to Service 2, the Trustee is authorized to pay to Radbod from estate

13 funds a flat fee of $8,500 for each quarterly period for which Radbod conducts an employee

14 retention tax creditors study as provided in the Application, with 50% of the total flat fee due

15 upon entry of this Order, and 50% due prior to the filing of Form 941-X with the Internal Revenue

16 Service.

17 6. Notwithstanding anything to the contrary in the Application, Radbod shall not seek

18 reimbursement of any fees or costs arising from the defense of any of Radbod’s fee applications

19 in this chapter 11 case.

20 7. The Trustee and Radbod are authorized and empowered to take all actions

21 necessary to implement the relief granted in this Order.

22 8. The Court shall retain jurisdiction to hear and determine all matters arising from

23 the implementation of this Order.

24 IT IS FURTHER ORDERED that, notwithstanding any other provisions, the following

25 of Judge Bason’s standard terms apply: (a) approval of fees and expenses on a final basis only

26 per 11 U.S.C. § 330(a) – no lien or superpriority claim is allowed (except as explicitly allowed –
27
1
Capitalized terms not otherwise defined have the same meaning ascribed to such terms in the
28 Application.

3
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1 e.g., realtor commissions on court-approved sales), except that the “flat fees” described in the

2 Application are hereby approved as provided in 11 U.S.C. § 328(a); (b) maximum 2 hours per

3 day of non-working time for hourly-billed matters (e.g., travel, or waiting for matter to be called)

4 absent an adequate explanation; (c) no buyers’ premium for auctioneers; (d) no dual agency;

5 (e) all matters relating to the professional’s engagement, compensation and costs shall be resolved

6 in this court, notwithstanding any provisions for arbitration, choice of venue, or the like, and (f)

7 any indemnification, limitation of damages or the like is ineffective. See generally In re Circle K

8 Corp., 279 F.3d 669 (9th Cir. 2002) and 11 U.S.C. § 327(a) (professionals may not “hold or

9 represent an interest adverse to the estate”).

11 ###

23
Date: September 30, 2022
24

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