UNITED STATES BANKRUTPCY COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 04-35435-SHF
IN RE: Chapter 11
eCom eCom.com, Inc.
Debtor.
ORDER APPROVING EMPLOYMENT OF
DEBTOR-IN-POSSESSION'S COUNSEL
THIS CAUSE came on before the court upon the Application ("Application") of
Debtor-in-Possession for authority to retain counsel, and upon the Affidavit
("Affidavit") of MICHAEL D. SEESE and the firm KLUGER, PERETZ, KAPLAN & BERLIN,
P.L. ("KPKB"). Upon the representations that HOWARD J. BERLIN and MICHAEL D.
SEESE are duly qualified to practice, that HOWARD J. BERLIN, MICHAEL D. SEESE
and the firm of KPKB hold no interest adverse to the estate in the matters upon
which they are engaged, that HOWARD J. BERLIN, MICHAEL D. SEESE and the firm of
KPKB are disinterested persons as required by 11 U.S.C. Section 327(a), and have
disclosed any connections with parties set forth in FRBP 2014, and that their
employment is necessary and would be in the best interest of the estate, it is
ORDERED that the Application is granted; and it is further
ORDERED that the Debtor-in-Possession is authorized to retain HOWARD J.
BERLIN, MICHAEL D. SEESE and the firm of KLUGER, PERETZ, KAPLAN & BERLIN, P.L.,
on a general retainer, pursuant to 11 U.S.C. sections 327 and 330, on the terms
set forth in the Application and Affidavit, effective upon the terms of this
Order; and it is further
ORDERED that KPKB is authorized to receive payment in the amount of
$65,000.00 as a retainer ("Retainer") in this case, against which KPKB is
authorized to draw fees and costs awarded by this Court; and it is further
ORDERED that any fees and costs awarded by the Court shall be paid as
directed by the Court following full depletion of the Retainer; and it is
further
ORDERED that this Court shall retain jurisdiction to hear and determine all
matters arising from implementation of this Order.
ORDERED in the Southern District of Florida on June 6, 2005
/s/ Steven H. Friedman
----------------------
STEVEN H. FRIEDMAN
United States Bankruptcy Judge
Copies furnished to:
Howard J. Berlin, Esquire, Esquire
United States Trustee's Office
W:\Bankrupt\0273\0143\M0029236.WPD
UNITED STATES BANKRUTPCY COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 04-35435-SHF
IN RE: Chapter 11
eCom eCom.com, Inc.
Debtor.
ORDER GRANTING
DEBTOR'S-IN-POSSESSION'S MOTION FOR AUTHORIZATION TO
HIRE CHIEF EXECUTIVE OFFICER
THIS CAUSE came before the Court on June 6, 2005 upon the scheduled
emergency hearing on the Debtor-in-Possession's Motion for Authorization to Hire
Chief Executive Officer (the "Motion") and, the Court, having reviewed the file,
having reviewed the Motion, having determined that good and sufficient cause
exist in support of the relief requested, and being otherwise fully advised in
the premises, it is
ORDERED as follows:
1. The Motion is GRANTED.
2. The Debtor is authorized to hire Barney A. Richmond as its Chief
Executive Officer at the discretion of the Debtor's Board of Directors. Mr.
Richmond shall serve without compensation or other benefits and shall waive any
claim to an administrative claim pursuant to 11 U.S.C. section 503, unless
otherwise ordered by the Court.
3. The Court retains jurisdiction to implement, interpret, and enforce
the terms of this Order.
DONE AND ORDERED in the Southern District of Florida this June 6, 2006
/s/ Steven H. Friedman
----------------------
STEVEN H. FRIEDMAN
United States Bankruptcy Judge
Copies furnished to:
Michael D. Seese, Esq.
Attorney SEESE is hereby directed to serve conforming copies of this Order upon
all parties as previously ordered by this Court.