Case:12-24882-ABC Doc#:442 Filed:09/13/12

Entered:09/13/12 15:43:16 Page1 of 2

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO HONORABLE A. BRUCE CAMPBELL In re: CORDILLERA GOLF CLUB, LLC Tax ID I EIN: 27-0331317 Debtor.
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Case No. 12-24882 ABC Chapter 11

ORDER ON APPLICATION TO EMPLOY SPECIAL COUNSEL (DOCKET #413) AND TO SERVE NOTICE OF OPPORTUNITY TO OBJECT Before the Court is the Debtor's Application to Employ Dickinson, Prud'Homme, Adams
& Ingram, LLP as Special Counsel for the Debtor ("Application to Employ"). The Application to Employ requests an order authorizing the employment of Dickinson, Prud'Homme, Adams &

Ingram, LLP ("Dickinson") as special counsel to continue representation of the Debtor in certain litigation pending in Eagle County, Colorado (referred to in paragraph 4 of Debtor's Application to Employ) ("Litigation Matters"). As permitted by the Code and Rules, Debtor did not serve a notice oftime to object to the Application to Employ. The Application to Employ discloses that Dickinson will be paid by Debtor's insurance provider Zurich. If, however, Debtor "incurs direct fees and expenses," Dickinson will look to the Debtor for payment and, at that point, apply for approval of its compensation pursuant to sections 330 and/or 331 ofthe Bankruptcy Code. The Application to Employ does not disclose the nature of the insurance policy or whether, pursuant to this insurance policy, Dickinson also represents any of the officers, directors or employees of the Debtor. As a general matter, applications to employ professionals may be made ex parte. The Local Rules of this Court, however, permit the Court to require that notice be provided of such applications under certain circumstances. Having reviewed the Application to Employ and the Affidavit submitted in connection therewith, this Court finds that the circumstances of this case and the Debtor's Application to Employ dictate that parties in interest be afforded the opportunity to object. Accordingly, it is ORDERED that Debtor shall file within seven (7) days of the entry of this Order, a supplement to the Application to Employ and a supplemental Affidavit; and it is FURTHER ORDERED that Debtor shall file within seven (7) days of the entry of this Order, a Notice Pursuant to L.B.R. 9013-1 and serve that Notice along with the Application to Employ as supplemented consistent with this Order, on the Office of the United States Trustee, counsel for the Official Committee of Unsecured Creditors, the Class Representatives, Alpine Bank, Cordillera Metropolitan District and the Cordillera Property Owners Association, Inc., and any parties who have filed entries of appearance and requests for notice in this case; and it is FURTHER ORDERED that the Notice so served shall afford 14 days to object; and it is

Case:12-24882-ABC Doc#:442 Filed:09/13/12

Entered:09/13/12 15:43:16 Page2 of 2

FURTHER ORDERED that at the expiration of the time to object, Dickinson shall file either a certificate of contested matter, if an objection is filed, or, if no objection is filed, a certificate of non-contested matter, failing which, no action will be taken on the Application to Employ and it will be deemed denied. DATED: September___a_, 2012 BY THE COURT:

United States Bankruptcy Judge