Suntech America, Inc., et al.,1 Debtors. Chapter 1 - Amazon Web ...
Case 15-10054-CSS
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Filed 03/13/15
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
Chapter 11
Suntech America, Inc., et al., 1
Case No. 15-10054 (CSS)
Debtors.
Jointly Administered Related Docket Nos.: 106, 107, 141 Hearing Date: March 17, 2015 at 10:00 a.m. (ET)
CERTIFICATION OF COUNSEL REGARDING APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF PEPPER HAMILTON LLP AS DELAWARE COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SUNTECH AMERICA, INC., ET AL., NUNC PRO TUNC TO JANUARY 22, 2015 I, John H. Schanne II, co-counsel to the Official Committee of Unsecured Creditors (the “Committee”) of above-captioned debtors and debtors in possession, hereby certify as follows: 1.
On February 20, 2015, the Committee filed the Application for Entry of an
Order Authorizing the Employment and Retention of Pepper Hamilton LLP as Delaware Counsel to the Official Committee of Unsecured Creditors of Suntech America, Inc., et al., Nunc Pro Tunc to January 22, 2015 [Docket No. 106] (the “Application”), together with the Declaration of Dongxia Hang, as Representative of Wuxi Suntech Power Co., Ltd., Chairman of the Committee, in Support of the Application [Docket No. 107]. Objections to the Application were to be filed no later than 4:00 p.m. (Eastern Time) on March 10, 2015 and a hearing to consider the Application is currently scheduled for March 17, 2015 at 10:00 a.m. (Eastern Time).
1
The Debtors in these Chapter 11 Cases, along with the last four digits of the Debtors’ federal tax identification numbers, are Suntech America, Inc. (9235) and Suntech Arizona, Inc. (0353). The Debtors’ mailing address is 501 Second Street, Suite 575, San Francisco, CA 94107.
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The Office of the United States Trustee (the “U.S. Trustee”) has provided
the Committee with informal comments in connection with the Application.2 Based upon the informal comments received from the U.S. Trustee, Pepper Hamilton LLP has submitted the Supplemental Affidavit of Donald J. Detweiler in Support of the Application [Docket No. 141]. 3.
The U.S. Trustee does not oppose entry of the proposed form of order
attached to the Motion (the “Proposed Order”), a true and correct copy of which is attached hereto as Exhibit A.
[Remainder of page intentionally left blank.]
2
Other than the informal comments from the U.S. Trustee, the Committee did not receive any responses or objections to the Application. The undersigned further certifies that he has reviewed the docket in this case and that no objection or response to the Application appears thereon.
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WHEREFORE, the Committee respectfully request the entry of the Proposed Order, substantially in the form attached hereto at Exhibit A, at the earliest convenience of the Court. Dated: March 13, 2015 Wilmington, Delaware
PEPPER HAMILTON LLP /s/ John H. Schanne II David M. Fournier (DE No. 2812) Donald J. Detweiler (DE No. 3087) John H. Schanne II (DE No. 5260) Hercules Plaza, Suite 5100 1313 N. Market Street Wilmington, Delaware 19899-1709 Telephone: (302) 777-6500 Facsimile: (302) 421-8390 Email: [email protected] [email protected] [email protected] - AND SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Craig A. Wolfe Malani J. Cademartori 30 Rockefeller Plaza New York, New York 10112 Telephone: (212) 653-8700 Facsimile: (212) 653-8701 Email: [email protected] [email protected] Proposed Co-Counsel for the Official Committee of Unsecured Creditors of Suntech America, Inc., et al.
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EXHIBIT A
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
Chapter 11
SUNTECH AMERICA, INC., et al.,
Case No. 15-10054 (CSS)
Debtors.1
Jointly Administered Related Docket Nos.: 106, 107, 141, ____
ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF PEPPER HAMILTON LLP AS DELAWARE COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SUNTECH AMERICA, INC., ET AL., NUNC PRO TUNC TO JANUARY 22, 2015 UPON CONSIDERATION of the application (the “Application”)2 of the Official Committee of Unsecured Creditors (the “Committee”) of Suntech America, Inc., et al. (collectively, the “Debtors”), for an order, pursuant to sections 328(a) and 1103 of the Bankruptcy Code, Bankruptcy Rules 2014(a) and 2016, and Local Rule 2014-1, authorizing the Committee to employ and retain the law firm of Pepper Hamilton LLP (“Pepper Hamilton”) as its Delaware counsel, nunc pro tunc to January 22, 2015; and upon the affidavit of Donald J. Detweiler, a partner of the firm of Pepper Hamilton, in Support of the Application (the “Detweiler Affidavit”) and the Declaration of Dongxia Hang as Representative of Wuxi Suntech Power Co., Ltd. in Support of the Application; and the Court finding that (a) the Court has jurisdiction over the Application pursuant to §§ 157 and 1334 and (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A); and the Court being satisfied that, except as set forth in the 1
The Debtors in these Chapter 11 Cases, along with the last four digits of the Debtors’ federal tax identification numbers, are Suntech America, Inc. (9235) and Suntech Arizona, Inc. (0353). The Debtors’ mailing address is 501 Second Street, Suite 575, San Francisco, CA 94107. 2
Terms not defined herein shall have the meanings ascribed to them in the Application.
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Detweiler Affidavit, Pepper Hamilton and its professionals (a) are not creditors, equity security holders or insiders of the Debtors, (b) are not and were not, within two (2) years before the Petition Date, directors, officers or employees of the Debtors, (c) do not hold or represent any interest materially adverse to the interest of the Debtors’ estates and (d) are not related to any judge of this Court, the U.S. Trustee for this District or any employee of the U.S. Trustee in this District; and, accordingly, Pepper Hamilton and its professionals are “disinterested persons” within the meaning of section 101(14), as modified by section 1107(b) of the Bankruptcy Code; and Pepper Hamilton’s representation of the Committee being permissible under sections 328(a) and 1003 of the Bankruptcy Code; and it appearing that the relief requested is in the best interests of the Debtors’ estates, their creditors, and other parties-in-interest; and it appearing that notice of the Application and opportunity for a hearing thereon was appropriate under the particular circumstances and that no other or further notice need be given; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 1.
The Application is GRANTED as set forth herein.
2.
Pursuant to sections 328 and 1103 of the Bankruptcy Code, the Committee
is hereby authorized and empowered to employ the firm of Pepper Hamilton, nunc pro tunc to January 22, 2015, as its Delaware counsel in the Debtors’ chapter 11 cases, and Pepper Hamilton is authorized to perform the services set forth in the Application. 3.
Pepper Hamilton shall apply for compensation and reimbursement of
expenses in accordance with the procedures set forth in sections 330 and 331 of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and any applicable orders of this Court. 4.
This Court shall retain jurisdiction to hear and determine all matters
arising from or relating to the implementation of this Order. -2#32243679 v2
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Notwithstanding any Bankruptcy Rule to the contrary, this Order shall
take effect immediately upon its entry.
Dated: __________________, 2015 Wilmington, Delaware
__________________________________________ THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
Chapter 11
Suntech America, Inc., et al., 1
Case No. 15-10054 (CSS)
Debtors.
Jointly Administered Related Docket Nos.: 106, 107, 141 Hearing Date: March 17, 2015 at 10:00 a.m. (ET)
CERTIFICATION OF COUNSEL REGARDING APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF PEPPER HAMILTON LLP AS DELAWARE COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SUNTECH AMERICA, INC., ET AL., NUNC PRO TUNC TO JANUARY 22, 2015 I, John H. Schanne II, co-counsel to the Official Committee of Unsecured Creditors (the “Committee”) of above-captioned debtors and debtors in possession, hereby certify as follows: 1.
On February 20, 2015, the Committee filed the Application for Entry of an
Order Authorizing the Employment and Retention of Pepper Hamilton LLP as Delaware Counsel to the Official Committee of Unsecured Creditors of Suntech America, Inc., et al., Nunc Pro Tunc to January 22, 2015 [Docket No. 106] (the “Application”), together with the Declaration of Dongxia Hang, as Representative of Wuxi Suntech Power Co., Ltd., Chairman of the Committee, in Support of the Application [Docket No. 107]. Objections to the Application were to be filed no later than 4:00 p.m. (Eastern Time) on March 10, 2015 and a hearing to consider the Application is currently scheduled for March 17, 2015 at 10:00 a.m. (Eastern Time).
1
The Debtors in these Chapter 11 Cases, along with the last four digits of the Debtors’ federal tax identification numbers, are Suntech America, Inc. (9235) and Suntech Arizona, Inc. (0353). The Debtors’ mailing address is 501 Second Street, Suite 575, San Francisco, CA 94107.
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The Office of the United States Trustee (the “U.S. Trustee”) has provided
the Committee with informal comments in connection with the Application.2 Based upon the informal comments received from the U.S. Trustee, Pepper Hamilton LLP has submitted the Supplemental Affidavit of Donald J. Detweiler in Support of the Application [Docket No. 141]. 3.
The U.S. Trustee does not oppose entry of the proposed form of order
attached to the Motion (the “Proposed Order”), a true and correct copy of which is attached hereto as Exhibit A.
[Remainder of page intentionally left blank.]
2
Other than the informal comments from the U.S. Trustee, the Committee did not receive any responses or objections to the Application. The undersigned further certifies that he has reviewed the docket in this case and that no objection or response to the Application appears thereon.
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WHEREFORE, the Committee respectfully request the entry of the Proposed Order, substantially in the form attached hereto at Exhibit A, at the earliest convenience of the Court. Dated: March 13, 2015 Wilmington, Delaware
PEPPER HAMILTON LLP /s/ John H. Schanne II David M. Fournier (DE No. 2812) Donald J. Detweiler (DE No. 3087) John H. Schanne II (DE No. 5260) Hercules Plaza, Suite 5100 1313 N. Market Street Wilmington, Delaware 19899-1709 Telephone: (302) 777-6500 Facsimile: (302) 421-8390 Email: [email protected] [email protected] [email protected] - AND SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Craig A. Wolfe Malani J. Cademartori 30 Rockefeller Plaza New York, New York 10112 Telephone: (212) 653-8700 Facsimile: (212) 653-8701 Email: [email protected] [email protected] Proposed Co-Counsel for the Official Committee of Unsecured Creditors of Suntech America, Inc., et al.
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EXHIBIT A
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re:
Chapter 11
SUNTECH AMERICA, INC., et al.,
Case No. 15-10054 (CSS)
Debtors.1
Jointly Administered Related Docket Nos.: 106, 107, 141, ____
ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF PEPPER HAMILTON LLP AS DELAWARE COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SUNTECH AMERICA, INC., ET AL., NUNC PRO TUNC TO JANUARY 22, 2015 UPON CONSIDERATION of the application (the “Application”)2 of the Official Committee of Unsecured Creditors (the “Committee”) of Suntech America, Inc., et al. (collectively, the “Debtors”), for an order, pursuant to sections 328(a) and 1103 of the Bankruptcy Code, Bankruptcy Rules 2014(a) and 2016, and Local Rule 2014-1, authorizing the Committee to employ and retain the law firm of Pepper Hamilton LLP (“Pepper Hamilton”) as its Delaware counsel, nunc pro tunc to January 22, 2015; and upon the affidavit of Donald J. Detweiler, a partner of the firm of Pepper Hamilton, in Support of the Application (the “Detweiler Affidavit”) and the Declaration of Dongxia Hang as Representative of Wuxi Suntech Power Co., Ltd. in Support of the Application; and the Court finding that (a) the Court has jurisdiction over the Application pursuant to §§ 157 and 1334 and (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A); and the Court being satisfied that, except as set forth in the 1
The Debtors in these Chapter 11 Cases, along with the last four digits of the Debtors’ federal tax identification numbers, are Suntech America, Inc. (9235) and Suntech Arizona, Inc. (0353). The Debtors’ mailing address is 501 Second Street, Suite 575, San Francisco, CA 94107. 2
Terms not defined herein shall have the meanings ascribed to them in the Application.
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Detweiler Affidavit, Pepper Hamilton and its professionals (a) are not creditors, equity security holders or insiders of the Debtors, (b) are not and were not, within two (2) years before the Petition Date, directors, officers or employees of the Debtors, (c) do not hold or represent any interest materially adverse to the interest of the Debtors’ estates and (d) are not related to any judge of this Court, the U.S. Trustee for this District or any employee of the U.S. Trustee in this District; and, accordingly, Pepper Hamilton and its professionals are “disinterested persons” within the meaning of section 101(14), as modified by section 1107(b) of the Bankruptcy Code; and Pepper Hamilton’s representation of the Committee being permissible under sections 328(a) and 1003 of the Bankruptcy Code; and it appearing that the relief requested is in the best interests of the Debtors’ estates, their creditors, and other parties-in-interest; and it appearing that notice of the Application and opportunity for a hearing thereon was appropriate under the particular circumstances and that no other or further notice need be given; and after due deliberation and sufficient cause appearing therefor, it is hereby ORDERED, ADJUDGED AND DECREED THAT: 1.
The Application is GRANTED as set forth herein.
2.
Pursuant to sections 328 and 1103 of the Bankruptcy Code, the Committee
is hereby authorized and empowered to employ the firm of Pepper Hamilton, nunc pro tunc to January 22, 2015, as its Delaware counsel in the Debtors’ chapter 11 cases, and Pepper Hamilton is authorized to perform the services set forth in the Application. 3.
Pepper Hamilton shall apply for compensation and reimbursement of
expenses in accordance with the procedures set forth in sections 330 and 331 of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and any applicable orders of this Court. 4.
This Court shall retain jurisdiction to hear and determine all matters
arising from or relating to the implementation of this Order. -2#32243679 v2
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Notwithstanding any Bankruptcy Rule to the contrary, this Order shall
take effect immediately upon its entry.
Dated: __________________, 2015 Wilmington, Delaware
__________________________________________ THE HONORABLE CHRISTOPHER S. SONTCHI UNITED STATES BANKRUPTCY JUDGE
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