Application For An Order Authorizing Debtors To Terminate Retention Of Claims And Noticing Agent

11/11 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: : : : : : : : : : Hearing Date: Time: Chapter 11 Case No. Jointly Administered Debtor(s) APPLICATION OF [name of Debtor(s)] FOR AN ORDER AUTHORIZING DEBTORS TO TERMINATE RETENTION OF CLAIMS AND NOTICING AGENT TO THE HONORABLE [NAME] UNITED STATES BANKRUPTCY JUDGE [Name of Debtor(s)] and any other debtors and/or debtors in possession in the abovecaptioned chapter 11 cases (collectively, the Debtors), hereby apply to this Court for an order, substantially in the form attached hereto as Exhibit A ( the "Proposed Order"), authorizing the debtors to terminate the retention of [name of claims and noticing agent], the claims and noticing agent for these chapter 11 cases. In support of this Application, the Debtors respectfully state as follows: BACKGROUND 1. On [date], the (the "Petition Date"), each of the Debtors filed a voluntary petition under chapter 11, title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the "Bankruptcy Code"). The Debtors' chapter 11 cases are jointly administered for procedural purposes pursuant to an Order of Joint Administration. Pursuant to §§ 1107(a) and 1108 of the Bankruptcy Code, the Debtors have remained in possession of their properties and continue to operate their businesses. 2. On [date] the U.S. Trustee appointed an official committee of unsecured creditors (the "Creditors' Committee"). BASIS FOR RELIEF REQUESTED 3. By order dated [date], this Court approved the retention of the claims and noticing agent in the Debtors' cases, pursuant to 28 U.S.C. § 156(c). The claims and noticing agent has continuously performed in that capacity since that time and has maintained and recorded the American LegalNet, Inc. www.FormsWorkFlow.com proofs of claim filed in these chapter 11 cases. 4. The Debtors retained the services of the claims and noticing agent in order to expedite the processing of claims and to relieve the Clerk's Office of the administrative burden that would otherwise be imposed by a case of this size and complexity. The Debtors, however, no longer require the services of the claims and noticing agent. Pursuant to an order of the Court, [date] was established as the date on or before which proofs of claim asserted against the Debtors' estates had to be filed with the Court or such claims would thereafter be barred from being asserted against the Debtors. Pursuant to the order confirming the Debtors' plan of reorganization, [date] was fixed as the date by which all administrative priority claims against the Debtors' estates must be filed. Nearly all prepetition and administrative claims filed in this case have been resolved. There being no further need to expend additional sums on the services provided by the claims and noticing agent, the Debtors therefore seek an order authorizing them to terminate the retention of the claims and noticing agent. 5. Accordingly, by this application, the Debtors respectfully request that this Court enter the Proposed Order, authorizing the Debtors to terminate the retention of [name of claims and noticing agent], the claims and noticing agent. 6. No previous motion for the relief sought herein has been made to this or any other Court. 7. Notice of this application has been given to the U.S. Trustee and the counsel to the Creditors' Committee. 8. The consent of the Clerk of the Court is reflected on the Proposed Order submitted to the Court. WHEREFORE, the debtors request that this Court enter the Proposed Order authorizing the Debtors to terminate the retention of the claims and noticing agent and grant such other and further relief as is just and proper. Dated: _________________ New York, New York Respectfully submitted, [Name of firm] By: Attorneys for Debtors [Address] American LegalNet, Inc. www.FormsWorkFlow.com