EL COMANDANTE MANAGEMENT COMPANY LLC

OCR transcription for search; preserved printed pages are authoritative

Case

Oo fo NY DH UH FF WY BY

NN NM Bw BR BR BRO ND ND OOO ee a ee
> aa =) dC > oe © or oS 2; (oo ST oe

AUTHENTICATED /

D4-10938-ESL11 Doc#:1041 Filed:04/05/06 Entered:04/05/06 10:46:38 Desc:
Main Document Page 1of3

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO

IN RE: CASE NO. 04-10938 (ESL)
EL COMANDANTE MANAGEMENT CHAPTER 11
COMPANY, LLC, et al.,
Debtors.
ORDER AND NOTICE

This case came before the court on March 29, 2006, to consider ail pending contested matters
relating to the applications for interim compensation filed by accountants, RSM ROC & Co.:
Application Of Accountants For Interim Compensation filed by RSM ROC & Co. (Docket No. 291);
Objection of Wells Fargo Bank, National Association, As Indenture Trustee, To The Application Of
RSM ROC & Company, Accountants, For Interim Compensation (the “Indenture Trustee”) (Docket
No. 306); Debtors’ Reply To Opposition Of Indenture Trustee (Docket No. 452); Order of October 4,
2005 (Docket No, 457); Response of the Indenture Trustee To Reply Of Debtors Opposing The
Indenture Trustee’s Objection To The Application For Interim Compensation Of RSM ROC & Co.,
Accountants (Docket No. 486); Debtors’ Opposition Of Indenture Trustee (Docket No. 588);
Application Of Accountants For Interim Compensation (Docket No. 667); the Indenture Trustee’s
objection to the accountants’ application for interim compensation (Docket No. 774); Application
Of Accountants For Interim Compensation And Fee Estimate (Docket No. 828); Addendum To The
Application Of Accountants For Interim Compensation And Final Fee Estimate (Docket No. 848);
Order of February 20, 2006 (Docket No. 913); Debtors’ Reply To Indenture Trustee’s Objection To
The Application For Interim Compensation Of RSM ROC & Company (Docket No. 999).

After considering the evidence presented, the arguments of the parties, and the applications,

as amended and clarified, the court finds that the applications for interim compensation filed by the

U.S. GOVERNMENT
INFORMATION
GPO

Case

oC oOo WD DA WA B WwW bw BE

Bm BD HM BR RD RD RO ee
Co KN DO UR B&F WY BSB KF GS Oo we MH ONlUlrlLlUlUm Uh UD Ure CC

04-10938-ESL11 Doc#:1041 Filed:04/05/06 Entered:04/05/06 10:46:38 Desc:
Main Document Page 2 of 3
accountants, RSM ROC & Company, are reasonable and that the services rendered benefitted the
estate. The evidence proffered by the debtors show that the accountants assisted in the preparation
of the debtors’ monthly operating reports, the debtors’ disclosure statement and the plan of
reorganization, amongst other tasks. The Indenture Trustee objected on the grounds that the
accountants’ reports were prepared on an hourly basis instead of increments of tenth of an hour, as
requested by the court. However, it was clarified that the time billed was the actual time spent. The
court finds that, although the billing report was not prepared on increments of tenth of an hour, the
time reported reflect the actual work performed by the accountants.
In view of the foregoing, the applications for interim compensation filed by the
accountants, RSM ROC & Company, are hereby approved, as the fees requested meet the standards
of reasonableness and the services rendered benefitted the debtors’ estate. Thus, the amount
of $30,470 held in abeyance in application for interim compensation (Docket No. 291) is approved,
The following application for interim compensation filed by RSM ROC & Company are
approved, as set forth below:
1. Application for Compensation (Docket No. 291): Total amount: $81,854.00
Fees: $81,488.00 Expenses: $357.00 Paid: $51,375.00
Balance: $30,470.00

2. Application for Compensation (Docket No. 667): Total amount: $41,390.00
Fees: $41,384.00 Expenses: $6.00

3, Application for Compensation (Docket No. 828): Total amount: $20,805.00

Fees: $20,797.00 Expenses: $8.00

af

Casé¢

a DH UO Re WB bk

iv)

10
il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

04-10938-ESL11 Doc#:1041 Filed:04/05/06 Entered:04/05/06 10:46:38 Desc:
Main Document Page 3 of 3
4, Addendum to Applications (Docket No. 848):
Total amount owed under Applications (Docket entries No. 291, 667 and 848):
$92,665.00
y

SO ORDERED. —
“yA

In San Juan, Puerto Rico, this “day of March, 2006.

Jthdran ute

NRIQUE S$. LAMOUTTE
a S. Bankruptcy Judge