XL-Care Agency, Inc.

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Case 1-05-15960-jbr Doc137 Filed 04/20/09 Entered 04/22/09 16:47:25

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK

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In re: Chapter 11
XL- CARE AGENCY, INC. Case No. 1-05-15960-dem

Debtor.

DENNIS E. MILTON
United States Bankruptcy Judge

In its Order dated November 15, 2007, the Court provided that it would award
counsel fees separately in a written opinion. At the time, it was the Court’s intention to reduce
the fee award to the law firm of Fox Rothschild, LLP by a significant amount due to the number
of times when counsel was not ready to proceed, resulting in otherwise unnecessary
adjournments, and the number of other delays occasioned when counsel produced someone other
than the debtor’s principal to testify in an area where only the principal had direct, first-hand
knowledge. The Court now feels that the passage of time along with the impact of delayed
receipt of an expected receivable in these economic times has delivered a message as effectively
as a substantial reduction in the fee award. Accordingly, the Court shall grant the application of
Fox Rothschild LLP for payment of professional fees in this matter in accord with the
accompanying Order.

Dated: Brooklyn, New York
April 20, 2009

NIS E. MILTON
United States Bankruptcy Judge

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