10000027320

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION,
et al.1 Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
SIXTH INTERIM FEE APPLICATION OF KIRKLAND & ELLIS LLP FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR SERVICES RENDERED AS DEBTORS COUNSEL FOR THE PERIOD JANUARY 1, 2007 THROUGH APRIL 30, 2007 Name of Applicant: Authorized to Provide Professional Services to: Date of Retention: Date of Entry of Order Authorizing Retention: Interim Fee Period for Which Compensation and Reimbursement is Sought: Amount of Compensation Requested: Kirkland & Ellis LLP Debtors May 17, 2005 Order Entered on May 26, 2005 [Docket No. 138] January 1, 2007 through April 30, 2007 $5,212,053.50
The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.
K&E 11866615.11
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Name of Applicant: Amount of Expense Reimbursement Requested: Total Compensation and Expense Reimbursement Requested: This Is: Blended Rate of Professionals (Including Paraprofessionals) Blended Rate of Professionals (Excluding Paraprofessionals)
Kirkland & Ellis LLP $168,331.25 $5,380,384.75 Sixth Interim Fee Application $443.02 $511.78
IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al.1 Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
SIXTH INTERIM FEE APPLICATION OF KIRKLAND & ELLIS LLP FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR SERVICES RENDERED AS DEBTORS COUNSEL FOR THE PERIOD JANUARY 1, 2007 THROUGH APRIL 30, 2007 Kirkland & Ellis LLP (K&E), bankruptcy counsel for the above-captioned debtors (the Debtors), hereby applies (the Sixth Interim Fee Application) for entry of an order allowing (a) fees in the amount of $5,212,053.502 for the reasonable and necessary legal services K&E has rendered to the Debtors and (b) the actual and necessary expenses that K&E incurred in
The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 0555991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 0555964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968. The total fees requested reflect a deduction in the amount of $4,920.00 for fees included in the Monthly Fee Statements (as defined below) that K&E has voluntarily waived. Further, as previously disclosed to the Court, K&E intends to review and waive, in conjunction with its final fee application, fees and expenses of de minimis billers.
the amount of $168,331.253 for the period from January 1, 2007 through April 30, 2007 (the Interim Fee Period) pursuant to sections 330 and 331 of the Bankruptcy Code, 11 U.S.C. 101-1532 (the Bankruptcy Code), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules), Rules 2016 -1 and 9014-1 of the Local Rules of the Bankruptcy Court for the Eastern District of Michigan (the Local Rules), the Retention Order (as defined below), the United States Trustee Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed under 11 U.S.C. 330 (the Trustee Guidelines) and the Administrative Order Establishing Procedures for Monthly Compensation and Reimbursement of Expenses for Professionals and Official Committee Members [Docket No. 290]
(the Interim Compensation Order). respectfully states as follows:
In support of this Sixth Interim Fee Application, K&E
Background 1. On May 17, 2005 (the Petition Date), the Debtors filed their voluntary petitions
for relief under chapter 11 of the Bankruptcy Code. The Debtors are operating their businesses and managing their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. On the Petition Date, the Court entered an order jointly administering these cases pursuant to Bankruptcy Rule 1015(b). 2. On May 24, 2005, the United States trustee appointed an official committee of
unsecured creditors pursuant to section 1102 of the Bankruptcy Code (the Committee). 3. On January 24, 2007, the Debtors filed the First Amended Joint Plan of Collins & On
Aikman Corporation and Its Debtor Subsidiaries [Docket No. 3976] (the Plan).
January 26, 2007, the Court entered an order approving the Debtors amended disclosure
The total expenses requested reflect a deduction in the amount of $3,068.62 for expenses included in the Monthly Fee Statements (as defined below) that K&E has voluntarily waived.
statement related to the Plan [Docket No. 3988]. Pursuant to this order, the Debtors commenced the solicitation process in connection with the Plan. The Plan is supported by the unofficial steering committee for the Debtors senior, secured prepetition lenders, the Committee and the Debtors customers. This Court has scheduled a hearing on confirmation of the Plan for July 12, 2007. 4. On June 12, 2007, the Court entered an order authorizing and approving the sale
of substantially all of the assets of the Debtors Carpet & Acoustics Business [Docket No. 7458]. Additionally, the Debtors are in the process of selling, among other things, their Interiors Plastics Group and Exterior Plastics Group as going concerns, winding down their non-salable businesses and liquidating their remaining assets. Retention of and Continuing Disinterestedness of Kirkland & Ellis LLP 5. By this Courts order dated May 26, 2005, the Debtors were authorized to retain
K&E as their counsel, effective as of the Petition Date, with regard to the filing and prosecution of the chapter 11 cases and all related matters [Docket No. 138] (the Retention Order). The Retention Order authorizes the Debtors to compensate K&E at K&Es hourly rates charged for services of this type and to reimburse K&E for K&Es actual and necessary out-of-pocket expenses incurred, subject to application to this Court as set forth therein. The Retention Order is attached hereto as Exhibit A. 6. As disclosed in the Affidavit of Richard M. Cieri in Support of Application for an
Order Authorizing the Employment and Retention of Kirkland & Ellis LLP as Attorneys for the Debtors filed on May 17, 2005 (as supplemented by supplemental affidavits, the Affidavits), K&E does not hold or represent any interest adverse to the Debtors estate, and is a disinterested person as that term is defined in section 101(14) of the Bankruptcy Code, as modified by section 1107(b) of the Bankruptcy Code.
7.
K&E may have in the past represented, may currently represent, and likely in the
future will represent parties-in-interest in connection with matters unrelated to the Debtors and the chapter 11 cases. K&E disclosed its connections to parties-in-interest that it has been able to ascertain using its reasonable efforts in the Affidavits. K&E has and will continue to update the Affidavits when necessary and as appropriate. 8. K&E performed the services for which it is seeking compensation on behalf of or
for the Debtors and their estates, and not on behalf of any committee, creditor or other entity. 9. Except to the extent of the advance payments paid to K&E that K&E previously
disclosed to this Court in the Affidavits, K&E has received no payment and no promises for payment from any source other than the Debtors for services rendered or to be rendered in any capacity whatsoever in connection with the chapter 11 cases. 10. Pursuant to Bankruptcy Rule 2016(b), K&E has not shared, nor has K&E agreed
to share (a) any compensation it has received or may receive with another party or person other than with the partners, counsel and associates of K&E or (b) any compensation another person or party has received or may receive. 11. This is the sixth interim fee application that K&E has submitted in the chapter 11
cases. K&E has served the following monthly fee statements covering the Interim Fee Period (collectively, the Monthly Fee Statements) on the United States trustee, counsel to the Committee, counsel to the prepetition secured lenders and counsel to the postpetition secured lenders: a. b. Monthly Fee Statement for the period January 1, 2007 through January 31, 2007; Monthly Fee Statement for the period February 1, 2007 through February 28, 2007;
c. d. 12.
Monthly Fee Statement for the period March 1, 2007 through March 31, 2007; and Monthly Fee Statement for the period April 1, 2007 through April 30, 2007.
The Monthly Fee Statement for January 2007 included a voluntary waiver of fees
in the amount of $34,353.00 and expenses in the amount of $5,300.19. The Monthly Fee Statement for February 2007 included a voluntary waiver of fees in the amount of $31,085.50 and expenses in the amount of $6,539.93. The Monthly Fee Statement for March 2007 included a voluntary waiver of fees in the amount of $47,101.00 and expenses in the amount of $9,213.44. The Monthly Fee Statement for April 2007 included a voluntary waiver of fees in the amount of $35,041.50 and expenses in the amount of $20,536.28. In total, the Monthly Fee Statements from January 1, 2007 through April 30, 2007 included a voluntary waiver of fees in the amount of $147,581.00 and expenses in the amount of $41,589.84 for a grand total of fees and expenses waived in the amount of $189,170.84 during the Interim Fee Period. Additionally, in preparing the Sixth Interim Fee Application, K&E voluntarily agreed to waive an additional $4,920.00 in fees and $3,068.62 in expenses that were originally requested in the Monthly Fee Statements. According, K&E has adjusted the total amount of payment of fees and reimbursements of expenses that it is requesting in the Sixth Interim Fee Application by such amounts. 13. As of the date herein, K&E has received $3,147,436.74 from the Debtors for fees
and expenses incurred by K&E during the Interim Fee Period. This represents 80% of the fees and 100% of the expenses incurred and submitted by K&E for the January, February, and March 2007 Monthly Fee Statements. The objection deadline for the April 2007 Monthly Fee Statement expires on June 15, 2007. As of the date of this filing, K&E has not been paid for any fees or expenses for the April 2007 Monthly Fee Statement.
Previous Interim Fee Applications 14. On October 18, 2005, K&E filed the First Interim Fee Application of Kirkland &
Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Debtors Counsel for the Period May 17, 2005 through August 31, 2005 [Docket No. 1505] (the First Interim Fee Application). In the First Interim Fee Application, K&E sought compensation in the amount of $5,256,119.50 and reimbursement of expenses in the amount of $466,026.14. On November 18, 2005, the Court entered an order approving the First Interim Fee Application [Docket No. 1715]. 15. On February 24, 2006, K&E filed the Second Interim Fee Application of
Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Debtors Counsel for the Period September 1, 2005 through December 31, 2005 [Docket No. 2260] (the Second Interim Fee Application). In the Second Interim Fee
Application, K&E sought compensation in the amount of $4,888,277.50 and reimbursement of expenses in the amount of $280,708.65. On March 22, 2006, the Court entered an order approving the Second Interim Fee Application [Docket No. 2452]. 16. On June 16, 2006, K&E filed the Third Interim Fee Application of
Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Debtors Counsel for the Period January 1, 2006 through April 30, 2006 [Docket No. 2856] (the Third Interim Fee Application). In the Third Interim Fee Application, K&E sought
compensation in the amount of $4,128,647.25 and reimbursement of expenses in the amount of $119,625.02. On July 14, 2006, the Court entered an order approving the
Third Interim Fee Application [Docket No. 3015]. 17. On October 16, 2006, K&E filed the Fourth Interim Fee Application of
Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered
as Debtors Counsel for the Period May 1, 2006 through August 31, 2006 [Docket No. 3504] (the Fourth Interim Fee Application). In the Fourth Interim Fee Application, K&E sought
compensation in the amount of $4,211,935.00 and reimbursement of expenses in the amount of $180,891.37. On December 14, 2006, the Court entered an order approving the
Fourth Interim Fee Application [Docket No. 3757]. 18. On February 15, 2007, K&E filed the Fifth Interim Fee Application of
Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Debtors Counsel for the Period September 1, 2006 through December 31, 2006 [Docket No. 4141] (the Fifth Interim Fee Application). In the Fifth Interim Fee Application, K&E sought compensation in the amount of $3,488,132.00 and reimbursement of expenses in the amount of $211,620.83. On March 27, 2007, the Court entered an order awarding 80% of the fees and 100% of the expenses for the Fifth Interim Fee Application [Docket No. 4285]. Reasonable and Necessary Services Rendered by Kirkland & Ellis LLP Generally 19. K&E has advised and represented the Debtors in connection with the operation of
their businesses and all other matters arising in the performance of their duties as debtors and debtors in possession, except those matters for which the Debtors have retained the law firm of Carson Fischer P.L.C. or for which the Debtors have retained special counsel or ordinary course professionals. Furthermore, K&E has: (a) prepared various pleadings, motions and other papers; (b) submitted requests for relief and objections to other parties requests for relief to this Court for consideration; (c) appeared before this Court during hearings regarding the chapter 11 cases; and (d) performed all of the other professional services that are described in this Sixth Interim Fee Application. 20. The rates described herein are K&Es hourly rates for services of this type
provided during the Interim Fee Period. Based on these rates and the services performed by each
individual, the total reasonable value of such services rendered during the Interim Fee Period is $5,212,053.50. The K&E attorneys and paraprofessionals expended a total of 11,764.70 hours working on the chapter 11 cases during the Interim Fee Period. In accordance with the factors enumerated in section 330 of the Bankruptcy Code, the amount of fees requested is fair and reasonable given: (a) the complexity of the chapter 11 cases; (b) the time expended; (c) the nature and extent of the services rendered; (d) the value of such services; and (e) the costs of comparable services other than in a case under the Bankruptcy Code. See, e.g., In re Moss, 320 B.R. 143, 156-57 (Bankr. E.D. Mich. 2005); In re Ray, 314 B.R. 643, 662-63 (Bankr. M.D. Tenn. 2004); In re Chary, 201 B.R. 783, 787-88 (Bankr. W.D. Tenn. 1996). 21. The attached Exhibit B provides a summary statement of the number of hours of
service rendered by each attorney and paraprofessional and the hourly rate of each individual by Subject Matter (as defined below) during the Interim Fee Period. 22. The attached Exhibit C: (a) identifies the attorneys and paraprofessionals who
rendered services in each Subject Matter; (b) describes each activity or service that each individual performed; and (c) states the number of hours (in increments of one-tenth of an hour) spent by each individual providing the services. The information in each invoice in the attached Exhibit C corresponds to the matter number that K&E assigned to the Subject Matters. If a Subject Matter does not appear, K&E did not bill time or expenses for that Subject Matter during the Interim Fee Period, but may bill time for that Subject Matter in the future. 23. Local Rule 2016 requires law firms to include biographical information for The attached Exhibit D includes brief
attorneys billing fees during a chapter 11 case.
biographical profiles of each of the K&E attorneys who billed at least 50 hours of time during
the Interim Fee Period. Biographical information about attorneys who billed less than 50 hours during the Interim Fee Period is available upon request. Reasonable and Necessary Services Rendered by Kirkland & Ellis LLP Categorized by Subject Matter 24. The professional services that K&E rendered during the Interim Fee Period are
grouped into the numbered and titled categories of the subject matters described in paragraphs 25 through 51 herein (each, a Subject Matter). 25. Matter 3 Adversary Proceedings and Contested Matters (Fees: $22,454.50; Expenses: $5,024.04; Hours: 52.80) This Subject Matter includes time spent addressing various adversary proceedings and contested matters filed in the chapter 11 cases. More specifically, this Subject Matter includes time spent: (a) negotiating a settlement of an adversary proceeding initiated against Wachovia Bank; and (b) addressing various issues arising in the numerous adversary proceedings filed in connection with the Debtors bankruptcy cases and contested matters in the cases. 26. Matter 5 Asset Analysis (Fees: $1,533,656.50; Expenses: $10,344.24; Hours: 3,297.80) This Subject Matter includes, among other things, time spent negotiating the sale of the Carpet & Acoustics Business, the Debtors Interiors Plastics Group and the Debtors other businesses, as required by, among other things, the Court-approved customer agreement and in conjunction with the Plan. More specifically, this Subject Matter includes time
spent: (a) negotiating the terms of and drafting (i) a purchase agreement for the Carpet & Acoustics Business and (ii) an asset purchase agreement for the Interiors Plastics Group; (b) corresponding with the Debtors, their advisors and certain of the Debtors major
creditor constituents regarding (i) the sale of the Carpet & Acoustics Business and (ii) the sale of the Interiors Plastics Group; and (c) preparing and prosecuting (i) the Debtors Motion for the Entry of Orders Approving Bidding Procedures, Sale of Substantially All of the Assets of the Debtors Carpet & Acoustics Business Free and Clear of Liens, Claims, Encumbrances and Interests and Related Relief [Docket No. 4538] and (ii) the Debtors Motion for the Entry of Orders Approving Bidding Procedures, Sale of Certain of the Assets of the Debtors Interiors Plastics Group Free and Clear of Liens, Claims, Encumbrances and Interests and Related Relief [Docket No. 4408]; (d) negotiating an asset purchase agreement for the sale of the Debtors Exteriors Plastics Group; (e) drafting the Debtors Motion for the Entry of an Order Approving Asset Purchase Agreement for the Sale of Assets at Debtors Williamston, Michigan Facilities Free and Clear of Liens, Claims, Encumbrances and Other Interests and Related Relief [Docket No. 4367]; (f) preparing for and attending numerous hearings relating to the foregoing sales and preparing affidavits in support thereof; (g) negotiating and seeking approval of the sale of the Debtors Williamston, Michigan facility; (h) negotiating and seeking approval of numerous other asset sales; and (i) preparing and serving notices of sale and abandonment of de minimis assets. 27. Matter 6 Business Operations (Fees: $213,146.00; Expenses: $1,946.11; Hours: 381.10) This Subject Matter involves time spent advising the Debtors regarding business operations, including: (a) addressing various vendor and customer issues; (b) strategizing with the Debtors management team and advisors regarding priorities and processes to ensure uninterrupted operations; (c) preparing for and attending various meetings related to potential sales of various assets in connection with the Debtors emergence from chapter 11;
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(d) responding to and resolving objections to the Debtors Motion for Interim and Final Orders Approving Customer Agreement among the Debtors, Their Principal Customers and JP Morgan Chase Bank, N.A. (the Customer Agreement) and Related Relief [Docket No. 3720]; (e) drafting agreements with certain of the Debtors customers not party to the Customer Agreement; and (f) negotiating and settling various matters with certain of the Debtors customers and other primary business constituents. 28. Matter 7 Case Administration (Fees: $114,011.50; Expenses: $17,514.18; Hours: 551.80) This Subject Matter describes administrative activities, including: (a) managing and coordinating the chapter 11 cases; (b) updating files and records of proceedings from these chapter 11 cases; (c) complying with applicable filing, service and notice requirements; (d) assisting the Debtors in fulfilling various duties as debtors and debtors in possession; and (e) complying with the requirements of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, this Courts orders and other applicable law. 29. Matter 8 Cash Collateral/DIP Financing (Fees: $68,122.00; Expenses: $782.56; Hours: 197.60) This Subject Matter describes K&E activities performed to help the Debtors comply with their obligations under the debtor-in-possession financing agreements. As a result of the Debtors financial condition in the period before and since the Petition Date, the Debtors had to obtain debtor-in-possession financing from multiple lenders pursuant to three separate debtor-in-possession financing arrangements (collectively, the DIP Financing Facilities). The Subject Matter includes time spent: (a) counseling the Debtors and preparing documents with respect to the Debtors reporting obligations under the DIP Financing Facilities;
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and (b) counseling the Debtors with respect to compliance under the DIP Financing Facilities. Additionally, during the Interim Fee Period, in accordance with fulfilling their obligations under the DIP Financing Facilities and to provide for the termination of one such facility, K&E spent time preparing and negotiating documentation regarding the terms of the Debtors termination of such DIP Financing Facility. 30. Matter 9 Claims Administration and Objections (Fees: $161,887.50; Expenses: $4,798.96; Hours: 456.50) This Subject Matter includes time spent: (a) identifying and evaluating claims against the Debtors; (b) developing and implementing strategies to address such claims; (c) drafting and filing the Debtors eighth through fifteenth omnibus objections to claims and negotiating resolutions thereto; (d) preparing analyses on claims estimates with respect to the formation of a chapter 11 plan; (e) analyzing certain tort and environmental claims; (f) analyzing and resolving certain claims in connection with terminating the Debtors pension plan; and (g) drafting stipulations resolving claims against the Debtors. 31. Matter 11 Executory Contracts and Unexpired Leases (Fees: $599,679.50; Expenses: $27,813.22; Hours: 1,576.60) This Subject Matter describes legal services provided to the Debtors relating to their numerous executory contracts and unexpired leases, including: (a) advising the Debtors with respect to the contemplated assumption or rejection of certain of their executory contracts and unexpired leases in connection with (i) the Debtors sales of the Carpet & Acoustics Business, Interiors Plastics Group and Exteriors Plastics Group, (ii) other asset sales and (iii) the Plan; (b) reviewing and analyzing numerous executory contracts related to the Interiors Plastics Group and the Carpet & Acoustics Business; (c) negotiating and settling disputes with
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counterparties to myriad executory contracts and unexpired leases; (d) engaging in discovery and taking depositions related to the Debtors dispute with General Electric Capital Corporation (GECC) regarding the recharacterization issues; (e) negotiating a settlement with GECC to resolve the recharacterization dispute, which settlement agreement has since been finalized; and (f) drafting and filing numerous notices of rejection of executory contracts and unexpired leases in accordance with the Order Approving Expedited Rejection Procedures for Executory Contracts and Unexpired Leases [Docket No 3151]. 32. Matter 12 Hearings (Fees: $132,836.50; Expenses: $10,032.26; Hours: 398.50) This Subject Matter includes time spent by K&E preparing for and attending various court hearings during the Interim Fee Period. During the Interim Fee Period, there were at least five separate hearings at which K&E appeared, including two hearings during January, one hearing during February, one hearing during March and one hearing during April. At certain of these hearings, K&E presented offers of direct examination in support of the relief requested by the Debtors. Additionally, this Subject Matter also includes time spent monitoring docket activity and preparing and filing documents in support of the hearings, including agendas and amended agendas for each omnibus hearing. 33. Matter 13 Fee/Retention Application/Objections (K&E) (Fees: $118,003.00; Expenses: $4,133.82; Hours: 325.60) This Subject Matter describes K&E services performed in connection with the preparation of K&Es Monthly Fee Statements pursuant to the procedures and standards set forth in the Interim Compensation Order, the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, the Trustee Guidelines and other applicable law. This Subject Matter also includes
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time spent: (a) performing a review of conflicts in accordance with applicable law; (b) preparing and filing the Fifth Interim Fee Application of Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Debtors Counsel for the Period September 1, 2006 through December 31, 2006 [Docket No. 4141]; (c) preparing and
distributing K&Es Monthly Fee Statements; and (d) preparing and filing certificates of no objection to K&Es Monthly Fee Statements. 34. Matter 16 Fee/Retention Application/Objections (Other Professionals) (Fees: $87,497.00; Expenses: $1,073.44; Hours: 284.00) This Subject Matter includes time spent preparing the following applications and negotiating the relevant agreements with respect thereto: (a) the Debtors Application for an Order Authorizing the Employment and Retention of Donnelly Penman & Partners as Investment Bankers, Nunc Pro Tunc to December 21, 2006, in Connection with the Sales of Certain of the Debtors Plastics Businesses [Docket No. 3163]; (b) the Debtors Application for an Order Authorizing the Employment and Retention of Beringea LLC as Investment Bankers, Nunc Pro Tunc to December 24, 2006, in Connection with the Sales of Certain of the Debtors Plastics Businesses [Docket No. 3961]; (c) the Debtors Application for the Entry of an Order Authorizing the Employment and Retention of Alan B. Miller as Special Counsel with Respect to Certain Litigation Matters [Docket No. 4236]; (d) the Debtors Application for the Entry of an Order Authorizing the Amendment of the Terms of Employment and Retention of CB Richard Ellis, Inc. and Keen Realty, LLC Nunc Pro Tunc to December 31, 2006 [Docket No. 4273]; (e) the Debtors Application for the Entry of an Order Authorizing the Employment and Retention of Greystone Private Equity LLC, Branford Auctions LLC, Myron Bowling Auctioneers, Inc. and Perfection Plant Liquidations as the Debtors Sales Consultants in
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Connection with the Sale of the Debtors Assets at Their Americus, Georgia Facility, Nunc Pro Tunc To May 1, 2007 [Docket No. 4787]; (f) statements of fees and expenses for ordinary course professionals; and (g) supplemental affidavits of disinterestedness, fee statements and fee applications of certain professionals retained by the Debtors. 35. Matter 17 Disclosure Statement and Plan of Reorganization (Fees: $482,985.00; Expenses: $7,586.55; Hours: 1,086.10) This Subject Matter includes time spent: (a) preparing, filing and seeking approval of (i) the Debtors Amended Disclosure Statement for the First Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries [Docket No. 4160] (the Disclosure Statement) and (ii) the Plan; (b) negotiating and preparing the exhibits to the Plan and other related documents; (c) preparing for and participating at the hearing at which the Court approved the Disclosure Statement; (d) planning strategy and tactics related to the preparation and confirmation of the Plan; (e) preparing and coordinating materials for the solicitation of the Plan; and (f) negotiating with various creditors regarding confirmation of the Plan. 36. Matter 18 Reclamation (Fees: $36,171.00; Expenses: $32.35; Hours: 98.30) This Subject Matter includes time spent by K&E: (a) analyzing reclamation demands; (b) engaging in research with respect to the reclamation demands; (c) drafting the Debtors Motion for an Order Deeming Reclamation Claims to Be General Unsecured Claims Against the Debtors and Related Relief [Docket No. 3873] (the Reclassification Motion); (d) responding to and resolving objections related to the Reclassification Motion; and (e) preparing for the hearing on and arguing the Reclassification Motion.
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37.
Matter 19 Relief from Automatic Stay (Fees: $8,440.00; Expenses: $71.25; Hours: 23.20) This Subject Matter includes time spent analyzing various issues with respect to
the automatic stay. 38. Matter 21 Tax Issues (Fees: $53,418.00; Expenses: $763.52; Hours: 138.70) This Subject Matter describes services performed by K&E to analyze tax issues related to the chapter 11 cases, including: (a) providing advice regarding the tax implications of the Debtors asset and going concern sales; (b) providing advice and corresponding with the Debtors regarding payment of certain real and personal property taxes; (c) evaluating tax consequences of distributions to creditors proposed under the Debtors Plan; and (d) analyzing several issues surrounding tax liabilities. 39. Matter 22 Travel (Fees: $80,513.50; Expenses: $61,356.99; Hours: 167.50) This Subject Matter includes time spent by K&E professionals traveling while representing the Debtors. K&E billed the Debtors for one-half of the total time that K&E professionals spent for non-working travel. 40. Matter 24 Environmental (Fees: $235,206.50; Expenses: $1,292.72; Hours: 356.30) This Subject Matter includes time spent analyzing various environmental issues arising from the Debtors operations at their various facilities, the ongoing sales of their businesses and the settlement of environmental liability under the Plan. Included in this Subject Matter is time related to: (a) negotiating the environmental-related provisions of the various
16
purchase agreements and preparing related schedules in connection with such sales; (b) advising the Debtors regarding the settlement of ongoing environmental liability at various sites owned or occupied by the Debtors; (c) negotiating the treatment under the Plan of claims arising from environmental liability; (d) advising the Debtors of strategies with respect to honoring their environmental obligations while in bankruptcy; (e) counseling the Debtors regarding federal and state requirements as owners, operators and lessees of real property; and (f) analyzing and advising the Debtors with respect to various environmental claims filed against the Debtors and litigation related thereto. 41. Matter 25 International (Fees: $126,753.50; Expenses: $454.06; Hours: 209.10) This Subject Matter includes time spent: (a) addressing issues involving the consolidated administration of the Debtors European subsidiaries in the English High Court in London; (b) analyzing alternatives with respect to the filing of a proceeding for certain of the Debtors Canadian affiliates; (c) preparing for the filing of a Canadian insolvency proceeding by the Debtors Canadian affiliates and negotiating with numerous parties, including labor unions and customers regarding the effect of such proceeding. 42. Matter 26 Labor and Employee Benefits (Fees: $526,502.00; Expenses: $2,100.11; Hours: 884.20) This Subject Matter includes legal services related to general labor and employee issues. In particular, this Subject Matter includes time spent performing the following tasks and counseling the Debtors with respect thereto: (a) reviewing and analyzing the Debtors pension plans and negotiating with the Pension Benefit Guaranty Corporation regarding termination of the Debtors defined benefit pension plan; (b) preparing and prosecuting the Debtors Motion for
17
the Entry of an Order Authorizing the Debtors to Enter into Agreements with Pension Benefit Guaranty Corporation Terminating the Debtors Pension Plan and Appointing Pension Plan Trustee and Settling Related Claims [Docket No. 4493]; (c) analyzing the effect of sales of assets and Plan effects and alternatives on the Debtors labor and employment obligations and negotiating with affected parties, including potential purchasers, with respect thereto; (d) analyzing and advising the Debtors on their severance and WARN Act notice and payment obligations to current and former employees; (e) advising the Debtors with respect to numerous labor issues in connection with implementing the Customer Agreement; (f) negotiating with parties regarding the effects of plant closings and severance obligations; (g) engaging in weekly status conferences with the Debtors and their advisors regarding numerous ongoing labor and employment issues; (h) researching and analyzing state and federal wage laws; (i) analyzing the Debtors other post-employment benefits and the Debtors alternatives with respect thereto; (j) reviewing and analyzing the Debtors collective bargaining agreements and preparing for union discussions in connection with the Plan, various asset sales and other general matters; (k) reviewing and analyzing the Debtors qualified and non-qualified benefit plans; (l) researching and analyzing various issues related to ERISA and COBRA; and (m) complying with the first day wage order [Docket No. 48]. 43. Matter 27 Avoidance Actions (Fees: $41,351.00; Expenses: $140.98; Hours: 81.80) This Subject Matter describes legal services related to the investigation and review of historical transactions and the examination of potential avoidance actions for recovery of estate property, including, preparing memoranda analyzing potential causes of action and coordinating the transition of certain causes of action to special counsel.
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44.
Matter 28 Corporate and Securities Matters (Fees: $48,388.00; Expenses: $1,964.75; Hours: 102.00) This Subject Matter describes legal advice provided to the Debtors on all matters
relating to general corporate and securities issues, including corporate governance, fiduciary duties, Securities and Exchange Commission (SEC) reporting obligations and general operational issues. This Subject Matter includes time spent: (a) drafting and filing various notices and reports with the SEC; and (b) preparing for and attending meetings of the Board of Directors of Collins & Aikman Corporation. 45. Matter 29 Stakeholder Communications (Fees: $46,596.00; Expenses: $2,930.17; Hours: 84.00) This Subject Matter includes time: (a) responding to numerous telephone calls and written correspondence from various creditors; (b) responding to inquiries by the Committee and the agents for the prepetition and postpetition senior, secured lenders; and (c) preparing for and attending meetings and conferences with the Committee and the agents for the prepetition and postpetition senior, secured lenders. 46. Matter 34 Insurance (Fees: $72,233.00; Expenses: $128.90; Hours: 139.40) This Subject Matter includes legal services rendered by K&E related to the Debtors rights and obligations related to insurance, including time spent: (a) responding to and working to resolve the objections of certain insurers to the Plan; (b) analyzing and researching the assignability of certain insurance proceeds; and (c) analyzing issues regarding the Debtors directors and officers liability insurance and potential claims against such insurance.
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47.
Matter 35 Intellectual Property (Fees: $315,771.00; Expenses: $516.30; Hours: 671.90) This Subject Matter includes time spent analyzing various intellectual property
issues arising from the Debtors operations. Included in this Subject Matter is time related to: (a) negotiating and drafting provisions in various asset purchase agreements regarding the Debtors intellectual property; (b) advising the Debtors of strategies with respect to their intellectual property in the bankruptcy context; (c) advising the Debtors on bankruptcy-related issues (including drafting the motion to settle) in the adversary proceeding against Karmann Wilhelm GMHB; and (d) analyzing the provisions of the Customer Agreement that address intellectual property rights. 48. Matter 38 U.S. Trustee (Fees: $34,066.00; Expenses: $859.47; Hours: 75.60) This Subject Matter includes time spent working on the Debtors Monthly Operating Reports, corresponding with the United States trustee and responding to certain matters involving the United States trustee. 49. Matter 39 Liens (Fees: $3,607.00; Expenses: $4,648.75; Hours: 14.10) This Subject Matter describes K&E services performed in reviewing, analyzing and otherwise responding to various issues involving alleged liens and security interests on and in the Debtors assets.
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50.
Matter 40 Vendor/Supplier Matters (Fees: $45,612.00; Expenses: $21.55; Hours: 99.60) This Subject Matter includes legal services related to issues and disputes
involving the Debtors vendors and suppliers, including analysis and preparation for a breach of contract claim against a supplier. 51. Matter 41 Document Subpoena Investigation (Fees: $3,146.00; Expenses: $0.00; Hours: 10.60) This Subject Matter includes time spent addressing the ongoing governmental investigations into certain alleged prepetition activities of the Debtors and responding to document subpoenas with respect thereto. Actual and Necessary Expenses 52. Attached hereto as Exhibit E is a summary of the expenses incurred during the
Interim Fee Period for which reimbursement is sought. These disbursements comprise the requested sum for K&Es out-of-pocket expenses, totaling $168,331.25. 53. It is K&Es policy to charge its clients in all areas of practice the amounts
incurred by K&E for identifiable, non-overhead expenses incurred in connection with the representation of the relevant client that would not have been incurred except for representation of that particular client. Examples of such expenses are postage, overnight mail, courier
delivery, computer-assisted legal research, photocopying, printing, out-going facsimile transmissions, airfare and lodging. 54. K&E charges between $0.10 and $0.20 per page for duplication based on office
location and $0.75 per page for outgoing telecopier transmissions (plus related toll charges). K&E does not charge its clients for incoming telecopier transmissions. K&E has negotiated a
21
discounted rate for Westlaw computer assisted legal research, which is approximately $125 per hour of online use of the standard Westlaw databases. Representations 55. This is K&Es sixth interim fee application pursuant to the Interim Compensation
Order, covering the period from January 1, 2007 through April 30, 2007. Although every effort has been made to include all fees and expenses from the Interim Fee Period in this Sixth Interim Fee Application, some fees and expenses might not be included due to delays caused by accounting and processing procedures. K&E reserves the right to make further application to the Court for allowance of fees and expenses not included herein. As to fees and expenses incurred after April 30, 2007, K&E will include such amounts in future monthly fee statements and interim fee applications. 56. The total time spent by K&E during the period covered by this Fourth Interim Fee
Application was 11,764.70 hours, including 9,309.20 attorney hours and 2,455.50 paraprofessional hours, which represents fees of $212,053.50. The average hourly rate for the services rendered is $443.02. The average hourly rate for time spent by attorneys is $511.78. K&E has incurred out-of-pocket expenses in the amount of $168,331.25 and requests reimbursement thereof. A summary of out-of-pocket expenses and an itemized list of each disbursement made are attached within Exhibit E. 57. In summary, by this Sixth Interim Fee Application, K&E requests allowance and
payment of any outstanding amounts of fees and expenses in the total amount of $5,380,384.75 consisting of: (a) $5,212,053.50 for the actual, reasonable and necessary professional services rendered by K&E on behalf of the Debtors (representing 100% of fees for services rendered during the Interim Fee Period, including the 20% previously held back during the Interim Fee Period pursuant to the Interim Compensation Order); and (b) $168,331.25 for actual and
22
necessary costs and expenses. As K&E continues to represent the Debtors throughout the chapter 11 cases, there will continue to be certain earned fees for which K&E has not been paid, including fees for which a monthly fee statement has not been submitted and for the 20% holdback for those monthly fee statements for which an interim fee application has not been submitted or is still subject to objection. At the time of filing the Sixth Interim Fee Application, K&E had not been paid any fees or expenses for April 2007. Accordingly, the estates will remain protected should the Court grant K&Es request for payment of the holdback. WHEREFORE, K&E respectfully requests the entry of an order (a) allowing an administrative expense claim for K&E compensation and reimbursement for its fees and expenses incurred during the Interim Fee Period, (b) authorizing and directing payment of such amounts and (c) granting such other and further relief as is just and proper. Dated: June 15, 2007 KIRKLAND & ELLIS LLP /s/ Marc J. Carmel Richard M. Cieri (NY RC 6062) Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton (IL 3122303) Ray C. Schrock (IL 6257005) Marc J. Carmel (IL 6272032) 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200
Counsel for the Debtors
23
IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al.1 Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes
NOTICE AND OPPORTUNITY TO RESPOND TO THE SIXTH INTERIM FEE APPLICATION OF KIRKLAND & ELLIS LLP FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR SERVICES RENDERED AS COUNSEL FOR THE DEBTORS FOR THE PERIOD JANUARY 1, 2007 THROUGH APRIL 30, 2007 PLEASE TAKE NOTICE THAT Kirkland & Ellis LLP (K&E) has filed the Sixth Interim Fee Application of Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Counsel for the Debtors for the Period January 1, 2007 through April 30, 2007 (the Sixth Interim Fee Application) pursuant to the Administrative Order Establishing Procedures for Monthly Compensation and Reimbursement of Expenses for
The Debtors in the jointly administered cases include: Collins & Aikman Corporation; Amco Convertible Fabrics, Inc., Case No. 05-55949; Becker Group, LLC (d/b/a/ Collins & Aikman Premier Mold), Case No. 05-55977; Brut Plastics, Inc., Case No. 05-55957; Collins & Aikman (Gibraltar) Limited, Case No. 05-55989; Collins & Aikman Accessory Mats, Inc. (f/k/a the Akro Corporation), Case No. 05-55952; Collins & Aikman Asset Services, Inc., Case No. 05-55959; Collins & Aikman Automotive (Argentina), Inc. (f/k/a Textron Automotive (Argentina), Inc.), Case No. 05-55965; Collins & Aikman Automotive (Asia), Inc. (f/k/a Textron Automotive (Asia), Inc.), Case No. 05-55991; Collins & Aikman Automotive Exteriors, Inc. (f/k/a Textron Automotive Exteriors, Inc.), Case No. 05-55958; Collins & Aikman Automotive Interiors, Inc. (f/k/a Textron Automotive Interiors, Inc.), Case No. 05-55956; Collins & Aikman Automotive International, Inc., Case No. 05-55980; Collins & Aikman Automotive International Services, Inc. (f/k/a Textron Automotive International Services, Inc.), Case No. 05-55985; Collins & Aikman Automotive Mats, LLC, Case No. 05-55969; Collins & Aikman Automotive Overseas Investment, Inc. (f/k/a Textron Automotive Overseas Investment, Inc.), Case No. 05-55978; Collins & Aikman Automotive Services, LLC, Case No. 05-55981; Collins & Aikman Canada Domestic Holding Company, Case No. 05-55930; Collins & Aikman Carpet & Acoustics (MI), Inc., Case No. 05-55982; Collins & Aikman Carpet & Acoustics (TN), Inc., Case No. 05-55984; Collins & Aikman Development Company, Case No. 05-55943; Collins & Aikman Europe, Inc., Case No. 05-55971; Collins & Aikman Fabrics, Inc. (d/b/a Joan Automotive Industries, Inc.), Case No. 05-55963; Collins & Aikman Intellimold, Inc. (d/b/a M&C Advanced Processes, Inc.), Case No. 05-55976; Collins & Aikman Interiors, Inc., Case No. 05-55970; Collins & Aikman International Corporation, Case No. 05-55951; Collins & Aikman Plastics, Inc., Case No. 05-55960; Collins & Aikman Products Co., Case No. 05-55932; Collins & Aikman Properties, Inc., Case No. 05-55964; Comet Acoustics, Inc., Case No. 05-55972; CW Management Corporation, Case No. 05-55979; Dura Convertible Systems, Inc., Case No. 05-55942; Gamble Development Company, Case No. 05-55974; JPS Automotive, Inc. (d/b/a PACJ, Inc.), Case No. 05-55935; New Baltimore Holdings, LLC, Case No. 05-55992; Owosso Thermal Forming, LLC, Case No. 05-55946; Southwest Laminates, Inc. (d/b/a Southwest Fabric Laminators Inc.), Case No. 05-55948; Wickes Asset Management, Inc., Case No. 05-55962; and Wickes Manufacturing Company, Case No. 05-55968.
K&E 11901913.2
Professionals and Official Committee Members dated June 9, 2005 [Docket No. 290] (the Compensation Procedures Order). PLEASE TAKE FURTHER NOTICE THAT your rights may be affected. You may wish to review the Sixth Interim Fee Application and discuss it with your attorney, if you have one in these cases. (If you do not have an attorney you may wish to consult one.) PLEASE TAKE FURTHER NOTICE THAT in accordance with the Compensation Procedures Order, if you wish to object to the Court granting the relief sought in the Application, or if you want the Court to otherwise consider your views on the Application, no later than July 9, 2007 at 4:00 p.m. prevailing Eastern Time, or such shorter time as the Court may hereafter order and of which you may receive subsequent notice, you or your attorney must file with the Court a written response, explaining your position at:2 United States Bankruptcy Court 211 West Fort Street, Suite 2100 Detroit, Michigan 48226 PLEASE TAKE FURTHER NOTICE THAT if you mail your response to the Court for filing, you must mail it early enough so the Court will receive it on or before the date above.
Response or answer must comply with Rule 8(b), (c) and (e) of the Federal Rules of Civil Procedure.
2
K&E 11901913.2
PLEASE TAKE FURTHER NOTICE THAT you must also serve the documents so that they are received on or before July 9, 2007 at 4:00 p.m. prevailing Eastern Time, in accordance with the Compensation Procedures Order, including to: Kirkland & Ellis LLP Attn: Richard M. Cieri Citigroup Center 153 East 53rd Street New York, New York 10022 Facsimile: (212) 446-4900 E-mail: rcieri@kirkland.com -andKirkland & Ellis LLP Attn: David L. Eaton Ray C. Schrock Marc J. Carmel 200 East Randolph Drive Chicago, Illinois 60601 Facsimile: (312) 861-2200 E-mail: deaton@kirkland.com rschrock@kirkland.com mcarmel@kirkland.com -andCarson Fischer, P.L.C. Attn: Joseph M. Fischer 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Facsimile: (248) 644-1832 E-mail: jfischer@carsonfischer.com PLEASE TAKE FURTHER NOTICE THAT if no responses to the Application are timely filed and served, the Court may grant the Application and enter the order without a hearing as set forth in Rule 2016-3 of the Local Rules for the United States Bankruptcy Court for the Eastern District of Michigan.
3
K&E 11901913.2
Dated: June 15, 2007
KIRKLAND & ELLIS LLP /s/ Marc J. Carmel Richard M. Cieri (NY RC 6062) Citigroup Center 153 East 53rd Street New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900 -andDavid L. Eaton (IL 3122303) Ray C. Schrock (IL 6257005) Marc J. Carmel (IL 6272032) 200 East Randolph Drive Chicago, Illinois 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 -andCARSON FISCHER, P.L.C. Joseph M. Fischer (P13452) 4111 West Andover Road West - Second Floor Bloomfield Hills, Michigan 48302 Telephone: (248) 644-4840 Facsimile: (248) 644-1832 Co-Counsel for the Debtors
4
K&E 11901913.2
CERTIFICATE OF SERVICE I, Marc Carmel, an attorney, certify that no later than the 16th day of June, 2007, I caused to be served, by e-mail and by first class mail, in the manner and to the parties set forth on the attached service lists, a true and correct copy of the foregoing Sixth Interim Fee Application of Kirkland & Ellis LLP for Compensation and Reimbursement of Expenses for Services Rendered as Debtors Counsel for the Period January 1, 2007 through April 30, 2007 (the Application) and the Notice and Opportunity to Respond to the Application. Dated: June 15, 2007 /s/ Marc J. Carmel Marc J. Carmel
K&E 11903563.1
Served via Electronic Mail
CREDITOR NAME A Freeman Acord Inc Adrian City Hall Alice B Eaton Athens City Tax Collector Basell USA Inc Brendan G Best Bryan Clay Champaign County Collector Chris Kocinski City Of Eunice City Of Evart City Of Kitchener Finance Dept City Of Lowell City Of Muskegon City Of Port Huron City Of Rialto City Of Rochester Hills City Of Salisbury City Of Westland City Of Woonsocket Ri City Treasurer City Treasurer DaimlerChrysler DaimlerChrysler Daniella Saltz David H Freedman David Heller David Youngman Dow Chemical Company DuPont Earle I Erman Erin M Casey Frank Gorman Gail Perry Ge Capital GE Polymerland George E Schulman Gold Lange & Majoros PC Hal Novikoff Heather Sullivan James A Plemmons Jim Clough Joe LaFleur Joe Saad John A Harris John Green John J Dawson John S Sawyer Josef Athanas Joseph Delehant Esq Joseph M Fischer Esq K Crumbo K Schultz Kim Stagg Kimberly Davis Rodriguez Leigh Walzer Levine Fricke Inc M Crosby Macomb Intermediate School Marc J Carmel Mark Fischer Michael R Paslay
CREDITOR NOTICE NAME John Livingston John Fabor Mike Keith Scott Salerni
Barb Neal The Mayor at City Hall Roger Elkins City Manager Pauline Houston Lowell Regional Wastewater Derrick Smith Treasurer's Office City Treasurer Kurt A Dawson City Assesor Treasurer Business License Div Pretreatment Division Tracy Horvarter
Kathleen Maxwell Bruce Tobiansky
Val Venable
Stuart A Gold & Donna J Lehl
EMAIL afreeman@akingump.com jlivingston@acordinc.com cityofadrian@iw.net aeaton@stblaw.com finance@cityofathens.com scott.salerni@basell.com bbest@dykema.com bryan_clay@ham.honda.com bneal@co.champaign.il.us christopher.j.kocinski@bofasecurities.com Eunicela@hotmail.com evartmanager@sbcglobal.net finance@city.kitchener.on.ca MYoung@ci.lowell.ma.us derrick.smith@postman.org cphdp@porthuron.org treasurer@rialtoca.gov treasury@rochesterhills.org finwebreq@salisburync.gov finance@ci.westland.mi.us webmaster@woonsocketri.org THovarter@cityofmarshall.com Ncowdrey@corunna-mi.gov kpm3@daimlerchrysler.com krk4@daimlerchrysler.com dsaltz@ford.com dfreedman@ermanteicher.com david.heller@lw.com David.Youngman@ColAik.com klmaxwell@dow.com bruce.d.tobiansky@usa.dupont.com eerman@ermanteicher.com ecasey@stblaw.com fgorman@honigman.com perry.gail@pbgc.com rail.sales@ge.com valerie.venable@ge.com ges@dgdk.com sgold@glmpc.com dlehl@glmpc.com HSNovikoff@wlrk.com hsullivan@unumprovident.com jplemmons@dickinson-wright.com jrc8@daimlerchrysler.com joe_lafleur@ham.honda.com js284477@bloomberg.net jharris@quarles.com greenj@millercanfield.com jdawson@quarles.com jss@sawyerglancy.com josef.athanas@lw.com joseph.delehant@sylvania.com jfischer@carsonfischer.com kcrumbo@kraftscpas.com kschultz@tmmna.com kim.stagg@nmm.nissan-usa.com Kimberly.Rodriguez@gt.com lwalzer@angelogordon.com veronica.fennie@lfr.com mcrosby@akingump.com webmaster@misd.net mcarmel@kirkland.com mark.w.fischer@gm.com mpaslay@wallerlaw.com
In re: Collins & Aikman Corp., et al. Case No. 05-55927 (SWR)
Page 1 of 2
Served via Electronic Mail
CREDITOR NAME Michael Stamer Michigan Department Of Treasury Mike O'Rourke Mike Paslay Ministry Of Finance Corp Tax Branch Missouri Dept Of Revenue Municipalite Du Village De Nick Shah Nina Rosete Paul Hoffman Pension Benefit Guaranty Corporation Pension Benefit Guaranty Corporation Peter Schmidt Peter V Pantaleo Phh Canada Inc Philip Dublin Phoenix Contracting Company R Aurand R J Sidman Ralph E McDowell Ray C Schrock Rick Feinstein Ricoh Canada Inc Robert J Diehl Jr Robert Weiss Robin Spigel Ronald R Rose Sarah Eagle Sean P Corcoran Sheryl Toby Stark County Treasurer State Of Michigan
CREDITOR NOTICE NAME
15663507 Lacolle
Sara Eagle & Gail Perry Sara Eagle & Gail Perry
Tricia Sommers
State Of Michigan State Of Michigan Stephen E Spence Stephen S LaPlante Stephen Tetro Tax Administrator Thomas Radom Tricia Sherick Tyco Capital Inc United Rentals Of Canada Inc Ville De Farnham Voridian Canada Company W Strong William C Andrews William G Diehl William J Byrne
PA Powers Michigan Dept Of Environmental Quality Environmental Assistance Div Michigan Dept Of Treasury Collection Div Office of Financial Mgmt Cashiers Office Michigan Unemployment Insurance Agency US Trustee
EMAIL mstamer@akingump.com treasReg@michigan.gov Michael.Orourke@colaik.com mike.paslay@wallerlaw.com info@electionsquebec.qc.ca mied@dor.mo.gov maire@st-zotique.com Nick.Shah@cit.com nina.m.rosete@bofasecurities.com phoffman@bofasecurities.com eagle.sara@pbgc.gov efile@pbgc.gov pschmidt@dykema.com ppantaleo@stblaw.com phhmail@phhpc.com pdublin@akingump.com triciawinkle@hotmail.com raurand@e-bbk.com rjsidman@vssp.com rmcdowell@bodmanllp.com rschrock@kirkland.com rick.feinstein@ubs.com legal@ricoh.ca rdiehl@bodmanllp.com rweiss@honigman.com rspigel@willkie.com rrose@dykema.com eagle.sarah@pbgc.com sean.p.corcoran@delphi.com stoby@dykema.com PAPowers@co.stark.oh.us deq-ead-env-assist@michigan.gov
Jim Cambio
Service de la Tresorerie
treasReg@michigan.gov shuttkimberlyj@michigan.gov steve.e.spence@usdoj.gov laplante@millercanfield.com stephen.tetro@lw.com jcambio@tax.ri.gov radom@butzel.com tsherick@honigman.com Frank.Chaffiotte@cit.com e-rental@ur.com msaintdenis@ville.farnham.qc.ca blanderson@eastman.com wstrong@ford.com kandrews@e-bbk.com wdiehl@e-bbk.com bbyrne@e-bbk.com
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Core Group Served via First Class Mail
CREDITOR NAME Advanced Composites Inc American General Finance Assoc Receivables Funding Inc Athens City Tax Collector Basf Corporation Bayer Material Sciences BNY Midwest Trust Company BNY Midwest Trust Company Brown Corporation Canada Customs & Rev Agency Canada Customs & Rev Agency Charter Township Of Plymouth City Of Albemarle City Of Battle Creek City Of Canton City Of Dover City Of Dover City Of Evart Recreation Dept City Of Fullerton City Of Havre De Grace City Of Longview City Of Los Angeles City Of Phoenix City Of Roxboro City Of St Joseph City Of Sterling Heights City Of Williamston City Treasurer Colbond Inc Collector Of Revenue Collins & Aikman Corp Dayton Bag & Burlap Co DuPont Enerflex Solutions LLC ER Wagner Manufacturing Exxon Chemicals Fisher Automotive Systems Fisher America Inc Freudenberg Nok Inc Ga Dept Of Revenue Gaston County Ge Capital Ge Capital Ge Capital Ge Capital Comm Serv Astro Dye Harford County Revenue Highwoods Forsyth Lp
CREDITOR NOTICE NAME Rob Morgan
Mike Keith Charlie Burrill Linda Vesci Mary Callahan Roxane Ellwalleger Mark Ferderber Attn Receiver General International Tax Service Utilities Department Income Tax Division Canton Income Tax Dept Wastewater Labroratory
Mary Ellen Hinckle Water Utilities Dept Of Building And Safety City Attorneys Office Tax Department Water Department James P Bulhinger City Treasurer Port Huron Police Department Don Brown Barbara J Walker Stacy Fox Jeff Rutter Susan F Herr Todd McCallum Gary Torke Law Dept William Stiefel
ADDRESS1 1062 S 4th Ave 505 S Neil St PO Box 16253 PO Box 849 1609 Biddle Ave 100 Bayer Rd Bldg 16 2 North LaSalle St Ste 1020 2 North LaSalle St Ste 1020 401 S Steele Ste 1 5 Notre Ave 2204 Walkley Rd PO Box 8040 144 N Second St 10 N Division St Suite 114 49014 PO Box 9951 484 Middle Rd PO Box 818 200 South Main St 303 W Commonwealth Ave 711 Pennington Ave PO Box 1952 201 N Figueroa St No 786 200 W Washington St 13th Fl PO Box 128 700 BRd St 40555 Utica Rd 161 E Grand River 100 Mcmorran Sand Hill Rd 201 N Second St 250 Stephenson Hwy 322 Davis Ave DuPont Legal D 7156 1515 Equity Dr 200 4611 North 32nd St 13501 Katy Fwy 1084 Doris Rd 47690 E Anchor Ct
ADDRESS2
PO Box 190 PO Box 1717
File 54563
PO Box 8099
PO Box 1057
1007 N Market St
CITY Sidney Champaign Greenville Athens Wyandotte Pittsburgh Chicago Chicago Ionia Sudbury Ottawa Plymouth Albemarle Battle Creek Canton Dover Dover Evart Fullerton Havre De Grace Longview Los Angeles Phoenix Roxboro St Joseph Sterling Heights Williamston Port Huron Enka St Charles Troy Dayton Wilmington Troy Milwaukee Houston Auburn Hills Plymouth Atlanta Charlotte Atlanta Pittsburgh Pittsburgh Charlotte Bel Air
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M O O M N M O N N M C M T C A N M M M M N M M O D M W T
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Director's Office for Taxpayer Services Division PO Box 105499 PO Box 890691 PO Box 740434 PO Box 640387 PO Box 642444 PO Box 60500 220 South Main St co Highwoods Properties Llc Attn Lease Administration 3322 West End Ave Ste 600
G N G P P N M
Nashville
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CREDITOR NAME Highwoods Forsyth Lp Hnk Michigan Properties Indiana Department Of Revenue Indiana Dept Of Revenue Industrial Development Board Industrial Leasing Company Industrial Truck Sales & Svc Inmet Division of Multimatic Internal Revenue Service Intertex World Resources Trintex Corp Invista ISP Elastomer Janesville Products Keith Milligan Lake Erie Products Lear Corp Manpower Meridian Magnesium Meridian Park Ministre Du Revenu Du Quebec Municipality Of Port Hope Office of Finance of Los Angeles Pension Benefit Guaranty Corporation Pine River Plastics Inc PolyOne Corp Prestige Property Tax Special Princeton Properties Progressive Moulded Products Qrs 14 Paying Agent Qrs 14 Paying Agent Inc Railroad Drive Lp Receiver General For Canada Receiver General for Canada Receiver General For Canada Revenue Canada Revenue Canada Riverfront Plastic Products Inc Ronald A Leggett Securities and Exchange Commission Select Industries Corp South Carolina Dept Of Revenue Southco Standard Federal Bank State Of Alabama State Of Michigan State Of Michigan
CREDITOR NOTICE NAME co Highwoods Properties Llc co Rudolph libbe Properties
ADDRESS1 Attn Lease Administration 7255 Crossleigh Court Ste 108 100 N Senate Ave PO Box 7218 PO Box 4660 PO Box 1803 PO Box 1807 35 West Milmot St Box 330500 Stop 15 500 Wedowee St 601 S LA Salle St Ste 310 PO Box 4346 2700 Patterson Ave 3745 C Us Hwy 80 W 321 Foster Ave 21557 Telegraph Rd 30800 Northwestern Hwy 2001 Industrial Dr 2707 Meridian Dr 3800 Marly PO Box 117 3700 Wilshire Ste 310 1200 K St NW 1111 Fred W Moore Hwy 33587 Walker Rd 1025 King St East 1115 Westford St 4th Fl 9024 Keele St Church St Station 50 Rockefeller Lobby 2 100 Vesper Executive Pk
of the City of Montgomery
SBSE Insolvency Unit Bill Weeks Tim Gorman Laura Kelly Lilia Roman C Garland Waller
Bankruptcy Auditor Sara Eagle & Gail Perry Barb Krzywiecki Woody Ban
Dan Thiffault
ADDRESS2 CITY 3100 Smoketree Ct Ste 600 Raleigh Toledo Indianapolis Indianapolis Montgomery Grand Rapids Durham Richmond Hill Detroit Bowdon Chicago Houston Grand Rapids Phenix Wood Dale Southfield Farmington Hills Eaton Rapids Greenville Ste Foy Port Hope Los Angeles Office of the Chief Counsel Washington St Clair Avon Lake Cambridge Lowell Concord PO Box 6529 New York New York Tyngsboro Ottawa Dorval Belleville Summerside Ottawa Wyandotte St Louis Chicago Dayton Columbia Concordville Troy Montgomery Lansing Lansing
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M M M N Q O C
D M O O M O N N M
Canada Customs & Rev Agency Technology Ctr 875 Heron Rd 700 Leigh Capreol 11 Station St 275 Pope Rd Ste 102 Ottawa Technology Centre George Tabry 780 Hillsdale St Collector Of Revenue 410 City Hall Midwest Regional Office 175 W Jackson Blvd Ste 900 Christine Brown 240 Detrick St Sales & Use Tax Division PO Box 125 Lorraine Zinar 210 N Brinton Lake Rd Daniel Watson 2600 West Big Beaver Rd Department Of Revenue Dept Of Commerce & Nat Res PO Box 30004 Linda King PO Box 30457
875 Heron Rd
O Q O P O M M
50 N Ripley St
O S P M A M M
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CREDITOR NAME State Of Michigan State Of Michigan State Of Michigan State of Michigan State of Michigan Central Functions Unit Summit Property Management Inc Tate Boulevard I Llc Tax Collector Tcs Realty Ltd Teknor Financial Corporation TG North America The Corporation Of The Town Tom Heck Truck Service Town Of Farmington Town Of Farmville Town Of Gananoque Town Of Lincoln Finance Office Town Of Old Fort Town Of Pageland Town Of Troy Tr Associates Treasurer City Of Detroit Unifi Inc Uniform Color Co Unique Fabricating Inc United States Attorney for the Eastern District of Michigan Valeo Inc Valiant Tool & Mold Inc Vari Form Inc Vericorr Packaging fka CorrFlex Packaging Vespera Lowell Llc Village Of Holmesville Village Of Rantoul Visteon Climate Control W9 Lws Real Estate Limited Wellington Green LLC Treasurer Of State City Of Marshall
CREDITOR NOTICE NAME Matthew Rick Asst Attorney General State Of Michigan Mc State Secondary Complex
ADDRESS1 PO Box 30754 Dept 77833 7150 Harris Dr PO Box 30015 430 W Allegan St Office of Child Support 24901 Northwestern Hwy 302 1985 Blvd Se PO Box 1192 21 Albert St PO Box 538308 1400 Stephenson Hwy 130 Oxford St 2nd Fl 1306 E Triumph Dr 356 Main St 3802 S Main 30 King St East 100 Old River Rd PO Box 520 PO Box 67 315 North Main St 200 E Big Beaver PO Box 33525 7201 W Friendly Ave 942 Brooks Ave 800 Standard Pkwy 211 W Fort St Ste 2001 3000 University Dr 6775 Hawthorne Dr 12341 E 9 Mile Rd 251 Industrial Dr 10 Livingston Pl 2nd Fl 205 Millersburg Rd 333 S Tanner One Village Center Dr
ADDRESS2
CITY Lansing Detroit Lansing Lansing Lansing Southfield Hickory Fresno Trenton Atlanta Troy Ingersoll Urbana Farmington Farmville Gananoque Lincoln Old Fort Pageland Troy Troy Detroit Greensboro Holland Auburn Hills Detroit Auburn Hills Windsor Warren
ST M M M M
Jennifer Nelles First Plaza County Of Fresno Bruce B Galletly Raymond Soucie Of Ingersoll
M M N C O G M O
Farmville Downtown Partnership
N N O
Fsia Inc
Randy Lueth Tom Tekieke Attn Civil Division Jerry Dittrich General Fax Terry Nardone Adriana Avila Blue Point Capital Bpv Lowell LLC
N S N M M N M M
M M O M
Evart Greenwichn PO Box 113 Holmesville Rantoul Van Buren Ste PO RFQ Office Township Charlotte Bingham Farms Columbus Marshall
M C O
co Lincoln Harris Llc Joseph T Deters Maurice S Evans City Manager
10101 Claude Freeman Dr Ste 200 N 31100 Telegraph Rd Ste 200 PO Box 16561 323 W Michigan
N M O M
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EXHIBIT B Summary of Legal Fees and Expenses For the Period January 1, 2007 through April 30, 2007
Matter Number 3 Matter Description Total Billed Hours 52.80 3,297.80 381.10 551.80 197.60 456.50 1,576.60 398.50 325.60 284.00 1,086.10 98.30 23.20 138.70 167.50 356.30 209.10 884.20 81.80 102.00 84.00 139.40 671.90 75.60 14.10 99.60 10.60 11,764.70 Total Fees Requested $22,454.50 $1,533,656.50 $213,146.00 $114,011.50 $68,122.00 $161,887.50 $599,679.50 $132,836.50 $118,003.00 $87,497.00 $482,985.00 $36,171.00 $8,440.00 $53,418.00 $80,513.50 $235,206.50 $126,753.50 $526,502.00 $41,351.00 $48,388.00 $46,596.00 $72,233.00 $315,771.00 $34,066.00 $3,607.00 $45,612.00 $3,146.00 $5,212,053.50 Total Expenses Requested $5,024.04 $10,344.24 $1,946.11 $17,514.18 $782.56 $4,798.96 $27,813.22 $10,032.26 $4,133.82 $1,073.44 $7,586.55 $32.35 $71.25 $763.52 $61,356.99 $1,292.72 $454.06 $2,100.11 $140.98 $1,964.75 $2,930.17 $128.90 $516.30 $859.47 $4,648.75 $21.55 $0.00 $168,331.25 Total Compensation $27,478.54 $1,544,000.74 $215,092.11 $131,525.68 $68,904.56 $166,686.46 $627,492.72 $142,868.76 $122,136.82 $88,570.44 $490,571.55 $36,203.35 $8,511.25 $54,181.52 $141,870.49 $236,499.22 $127,207.56 $528,602.11 $41,491.98 $50,352.75 $49,526.17 $72,361.90 $316,287.30 $34,925.47 $8,255.75 $45,633.55 $3,146.00 $5,380,384.75
Adversary Proceedings and Contested Matter 5 Asset Analysis 6 Business Operations 7 Case Administration 8 Cash Collateral/DIP Financing 9 Claims Administration and Objections Executory Contracts and Unexpired 11 Leases 12 Hearings Fee/Retention Application/Objections 13 (Kirkland & Ellis Only) Fee/Retention Application/Objections 16 (Other Professionals) Disclosure Statement and Plan of 17 Reorganization 18 Reclamation 19 Relief from Automatic Stay 21 Tax Issues 22 Travel 24 Environmental 25 International 26 Labor and Employee Benefits 27 Avoidance Actions 28 Corporate and Securities Matters 29 Stakeholders Communications 34 Insurance 35 Intellectual Property 38 U.S. Trustee 39 Liens 40 Vendor/Supplier Matters 41 Document Subpoena Investigation Totals for Matters
Total Fees Requested: Blended Rate of Professionals (Including Paraprofessionals): Blended Rate of Professionals (Excluding Paraprofessionals):
$5,212,053.50 $443.02 $511.78
Summary of Hours Billed by Attorneys and Paraprofessionals For the Period January 1, 2007 through April 30, 2007
Name of Professional Person Holden Bixler Jessica Blaemire Nader R. Boulos Zachary S. Brez Nicole G. Brightbill David K. Callahan, P.C. Marc J. Carmel Jennifer Clarke-Smith Lisa Cox Brian E. Davis Thad Davis Jared S. Dinkes Deborah V. Dunn David L. Eaton Lisa G. Esayian Wendy A. Fleske Jeffrey Gettleman Mark E. Grummer Lauren M. Hawkins Gregory T. Heyman Vicki V. Hood Elisa Hughes Gates S. Hurand John S. Irving, Jr. Bridget Jaunal Alicia D. Johnson John Kelly Vladimir Khodosh Lily Kim Gregg Kirchhoefer, P.C. Arun G. Krishnan Arun Kurichety Brian R. Land Lisa V. LeCointe Lori A. Lenard Carl LeSueur Micah E. Marcus Daryll Marshall Elisabeth Martin Todd F. Maynes, P.C. Position with the Applicant and Year Of Counsel Associate Partner Partner Associate Partner Partner Of Counsel Associate Partner Associate Associate Partner Partner Partner Associate Associate Partner Associate Associate Partner Associate Associate Of Counsel Associate Partner Associate Associate Associate Partner Associate Associate Partner Associate Of Counsel Associate Associate Partner Associate Partner 2002 2006 1994 2000 2005 1991 2000 2003 2000 2000 2005 2006 1995 1978 1991 2004 1974 1976 2006 2003 1979 2004 2006 1965 2006 1997 2006 2002 2006 1982 2005 2006 1989 Pending 1992 2005 1999 1999 2002 1988 Department Restructuring Litigation Litigation Litigation Labor Intellectual Property Restructuring Litigation Real Estate Real Estate Taxation Corporate Trusts and Estates Restructuring Litigation Real Estate Restructuring Environment Restructuring Litigation Employee Benefits Intellectual Property Litigation Labor Restructuring Litigation Corporate Intellectual Property Employee Benefits Intellectual Property Corporate Restructuring Environment Litigation Employee Benefits Litigation Restructuring Corporate Corporate Taxation Hourly Billing Rate $475.00 $275.00 $570.00 $550.00 $355.00 $725.00 $560.00 $390.00 $415.00 $525.00 $325.00 $345.00 $275.00 $550.00 $810.00 $570.00 $375.00 $505.00 $745.00 $310.00 $515.00 $795.00 $330.00 $310.00 $745.00 $310.00 $485.00 $330.00 $375.00 $275.00 $725.00 $330.00 $310.00 $745.00 $310.00 $515.00 $415.00 $435.00 $505.00 $525.00 $475.00 $835.00 Total Billed Hours 2.80 5.60 2.00 6.30 21.90 1.80 1003.70 19.30 20.50 7.50 0.50 72.10 13.20 2.80 325.30 1.30 25.90 0.30 276.10 164.10 59.50 221.30 265.00 163.40 37.70 55.40 8.00 52.80 179.70 4.50 251.50 265.10 23.30 6.10 26.50 5.00 70.90 43.10 211.30 64.50 73.70 12.00 Total Compensation $1,330.00 $1,540.00 $1,140.00 $3,465.00 $7,774.50 $1,305.00 $562,072.00 $7,527.00 $8,507.50 $3,937.50 $25,037.00 $3,630.00 $1,540.00 $263,493.00 $741.00 $9,712.50 $151.50 $205,694.50 $50,871.00 $30,642.50 $175,933.50 $87,450.00 $50,654.00 $28,086.50 $17,174.00 $3,880.00 $17,424.00 $67,387.50 $1,237.50 $182,337.50 $87,483.00 $7,223.00 $4,544.50 $8,215.00 $2,575.00 $29,423.50 $125,455.00 $33,862.50 $35,007.50 $10,020.00
Name of Professional Person Andrew P.R. McDermott Bernd Meyer-Loewy Roberto S. Miceli Sara J. Michaelchuck W. Robert Middleton Ryan Morettini Michelle Mulkern Dennis M. Myers, P.C. Linda K. Myers, P.C. Keren Naveh Maureen D. O'Brien Adam C. Paul Joshua Z. Rabinovitz Victoria Reznik Colleen M. Ryan Ray C. Schrock Joseph Serino, Jr. Brian F. Shaughnessy Jesse Sheley Ami H. Sheth Joshua B. Simon Matthew O. Solum Brian Song Colleen Sorensen R. Timothy Stephenson Wendy Tamblyn Gregory Vogelsperger Jason M. Wejnert Paul Wierbicki Guohua Wu Thomas Young Scott R. Zemnick Paul Zier Totals for Attorneys
Position with the Applicant and Year Associate Partner Partner Associate Associate Associate Associate Partner Partner Associate Partner Partner Partner Partner Associate Partner Partner Associate Associate Associate Associate Partner Associate Associate Partner Of Counsel Partner Associate Associate Of Counsel Associate Associate Partner 2003 1997 1996 2004 2006 2004 2002 1996 1990 2007 1998 1997 2000 2000 2003 1998 1989 Pending 2003 Pending 2003 2000 2002 2005 1990 1999 2000 2004 2005 1995 2003 2001 2000
Department Restructuring Restructuring Real Estate Environment Real Estate Litigation Corporate Corporate Corporate Litigation Employee Benefits Restructuring Litigation Litigation Corporate Restructuring Litigation Litigation Corporate Litigation Litigation Litigation Litigation Employee Benefits Labor Real Estate Corporate Intellectual Property Restructuring Corporate Taxation Restructuring Corporate
Hourly Billing Rate $415.00 $600.00 $565.00 $330.00 $275.00 $465.00 $450.00 $775.00 $795.00 $310.00 $525.00 $615.00 $485.00 $550.00 $395.00 $615.00 $675.00 $310.00 $415.00 $310.00 $515.00 $550.00 $415.00 $330.00 $595.00 $745.00 $475.00 $525.00 $375.00 $370.00 $445.00 $455.00 $535.00 $495.00
Total Billed Hours 494.00 0.50 6.50 11.20 3.30 32.60 1.80 1.50 1.60 36.90 139.70 62.30 0.60 37.40 3.80 866.40 50.60 225.20 0.30 106.00 174.00 141.30 8.80 9.80 11.90 154.40 30.80 197.80 21.00 606.20 397.30 2.00 867.50 530.90 9,309.20
Total Compensation $205,010.00 $300.00 $3,672.50 $3,696.00 $907.50 $15,159.00 $810.00 $1,162.50 $1,272.00 $11,439.00 $73,342.50 $38,314.50 $291.00 $20,570.00 $1,501.00 $532,836.00 $34,155.00 $69,812.00 $124.50 $32,860.00 $89,610.00 $77,715.00 $3,652.00 $3,234.00 $122,028.00 $14,630.00 $103,845.00 $7,875.00 $224,294.00 $176,798.50 $910.00 $464,112.50 $262,795.50 $4,764,300.00
Name of Paraprofessional Person Jesse Aguilar David Andrews Jordannah Bangi Neil P. Bohan Derek J. Bremer Jamie Brown Christine A. Casey
Position with the Applicant Legal Assistant Legal Assistant Project Assistant Legal Assistant Technology Services Project Assistant Legal Assistant
Department Restructuring Restructuring Corporate Restructuring Litigation Real Estate Intellectual Property
Hourly Billing Rate $220.00 $190.00 $150.00 $190.00 $200.00 $150.00 $210.00
Total Billed Hours 25.90 72.80 1.50 83.60 2.00 3.00 3.20
Total Compensation $5,698.00 $13,832.00 $225.00 $15,884.00 $400.00 $450.00 $672.00
Name of Paraprofessional Person Christopher Chiu Michelle T. Denny Kevin Donnelly Stephanie D. Frye Donna R. Gasiorowski Adam J. Gorman David Helstowski David Hernandez Scott Huff Claude W. Irmis Eugene Kornel Brian D. Krieter Whitney Lappley Rebecca Levenfeld Jane B. Mackie Thomas Mangne Maureen McCarthy Lauren MitchellDawson Marc Orejuela Katherine K. Phillips Brandon L. Phillips Mary M. Plastina Renee M. Prescan Rocio Renteria Laurie L. Ruxton Portia SarmientoGuerin Linda A. Scussel James R. Strohl Gary M. Vogt Scott F. Walker Kristen Weber Timothy Weil Kurt J. Wunderlich Maria E. Yapan PeiSan Yee Library Research
Position with the Applicant Restructuring Conflicts Supervisor Legal Assistant Project Assistant Conflicts Analyst Legal Assistant Legal Assistant Project Assistant Project Assistant Project Assistant Legal Assistant Case Assistant Legal Assistant Project Assistant Project Assistant Project Assistant Technology Services Legal Assistant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Project Assistant Legal Assistant Legal Assistant Restructuring Conflicts Coordinator Legal Assistant Legal Assistant Legal Assistant Project Assistant Project Assistant Merger/Acquisition Clearance Assistant Case Assistant Technology Services Research Specialist
Department Administrative Services Litigation Restructuring Administrative Services Intellectual Property Restructuring Restructuring Restructuring Restructuring Restructuring Litigation Real Estate Restructuring Litigation Restructuring Litigation Restructuring Environment Litigation Restructuring Litigation Employee Benefits Intellectual Property Restructuring Real Estate Corporate Administrative Services Restructuring Restructuring Restructuring Restructuring Intellectual Property Administrative Services Litigation Litigation Administrative Services
Hourly Billing Rate $180.00 $220.00 $155.00 $190.00 $255.00 $190.00 $145.00 $165.00 $165.00 $250.00 $145.00 $255.00 $155.00 $150.00 $165.00 $220.00 $190.00 $235.00 $225.00 $190.00 $175.00 $210.00 $210.00 $155.00 $245.00 $210.00 $190.00 $220.00 $250.00 $190.00 $155.00 $140.00 $165.00 $130.00 $200.00 $195.00
Total Billed Hours 2.00 165.90 19.00 27.00 1.00 654.20 18.30 75.70 35.50 5.10 116.50 9.50 7.70 3.50 580.00 0.30 193.30 0.50 4.50 5.50 3.50 9.40 3.30 66.90 1.00 129.80 11.30 1.60 1.90 59.00 15.50 23.00 4.10 1.70 1.00 5.50 2,455.50
Total Compensation $360.00 $36,498.00 $2,945.00 $5,130.00 $255.00 $124,298.00 $2,653.50 $12,490.50 $5,857.50 $1,275.00 $16,892.50 $2,422.50 $1,193.50 $525.00 $95,700.00 $66.00 $36,727.00 $117.50 $1,012.50 $1,045.00 $612.50 $1,974.00 $693.00 $10,369.50 $245.00 $27,258.00 $2,147.00 $352.00 $475.00 $11,210.00 $2,402.50 $3,220.00 $676.50 $221.00 $200.00 $1,072.50 $447,753.50
Totals for Paraprofessionals
Summary of Disbursements For the Period January 1, 2007 through April 30, 2007 Disbursements Copying and Binding Fax Charges Filing, Calendar and Court Reporter Fees Local Transportation Meals Postage and Messenger Service Research and Document Procurement Telephone Travel and Airfare Trial, Office and Rental Expenses Total Amount $55,053.29 $2.50 $13,688.84 $1,343.00 $1,018.00 $3,301.17 $26,849.90 $4,710.11 $59,977.58 $2,386.86 $168,331.25
EXHIBIT C-1 Summary of Legal Fees and Expenses For the Period January 1, 2007 through January 31, 2007
Matter Number 3 5 6 7 8 9 11 12 Matter Description Total Billed Hours 19.90 329.20 202.70 127.20 8.90 116.70 205.40 130.70 35.00 62.50 622.50 18.70 28.40 36.50 106.20 20.40 227.30 10.70 10.80 9.80 8.00 36.30 5.10 26.10 2,405.00 Total Fees Requested $7,625.50 $153,649.50 $114,670.00 $27,051.00 $1,846.00 $46,854.50 $84,940.00 $43,649.50 $10,652.00 $20,645.00 $285,463.00 $7,815.00 $9,946.50 $16,992.50 $67,164.50 $14,797.50 $135,339.50 $5,077.50 $4,602.00 $6,228.00 $3,958.50 $18,757.50 $833.50 $13,451.00 $1,102,009.50 Total Expenses Requested $1,325.75 $847.18 $297.97 $5,198.59 $328.14 $1,047.54 $913.15 $2,601.11 $1,377.36 $113.75 $2,961.84 $0.00 $220.62 $10,532.43 $218.93 $273.00 $395.27 $6.56 $320.65 $0.65 $34.20 $110.45 $0.00 $15.75 $29,140.89 Total Compensation $8,951.25 $154,496.68 $114,967.97 $32,249.59 $2,174.14 $47,902.04 $85,853.15 $46,250.61 $12,029.36 $20,758.75 $288,424.84 $7,815.00 $10,167.12 $27,524.93 $67,383.43 $15,070.50 $135,734.77 $5,084.06 $4,922.65 $6,228.65 $3,992.70 $18,867.95 $833.50 $13,466.75 $1,131,150.39
Adversary Proceedings and Contested Matter Asset Analysis Business Operations Case Administration Cash Collateral/DIP Financing Claims Administration and Objections Executory Contracts and Unexpired Leases Hearings Fee/Retention Application/Objections 13 (Kirkland & Ellis Only) Fee/Retention Application/Objections 16 (Other Professionals) Disclosure Statement and Plan of 17 Reorganization 18 Reclamation 21 Tax Issues 22 Travel 24 Environmental 25 International 26 Labor and Employee Benefits 27 Avoidance Actions 28 Corporate and Securities Matters 29 Stakeholders Communications 34 Insurance 35 Intellectual Property 38 U.S. Trustee 40 Vendor/Supplier Matters Totals for Matters
Summary of Hours Billed by Attorneys and Paraprofessionals For the Period January 1, 2007 through January 31, 2007
Name of Professional Person Holden Bixler Nicole G. Brightbill Marc J. Carmel Jennifer Clarke-Smith Lisa Cox Thad Davis David L. Eaton Mark E. Grummer Lauren M. Hawkins Vicki V. Hood Elisa Hughes Gates S. Hurand John S. Irving, Jr. Bridget Jaunal John Kelly Gregg Kirchhoefer, P.C. Arun G. Krishnan Carl LeSueur Micah E. Marcus Daryll Marshall Elisabeth Martin Todd F. Maynes, P.C. Andrew P.R. McDermott Bernd Meyer-Loewy Sara J. Michaelchuck Ryan Morettini Maureen D. O'Brien Adam C. Paul Victoria Reznik Colleen M. Ryan Ray C. Schrock Joseph Serino, Jr. Brian F. Shaughnessy Ami H. Sheth Joshua B. Simon Matthew O. Solum R. Timothy Stephenson Paul Wierbicki Scott R. Zemnick Paul Zier Totals for Attorneys Position with the Applicant and Year Admitted Of Counsel 2002 Associate 2005 Partner 2000 Of Counsel 2003 Associate 2000 Associate Partner Partner Associate Partner Associate Associate Of Counsel Associate Associate Partner Associate Associate Associate Partner Associate Partner Associate Partner Associate Associate Partner Partner Partner Associate Partner Partner Associate Associate Associate Partner Partner Associate Associate Partner 2005 1978 1976 2006 1979 2004 2006 1965 2006 2006 1982 2005 2005 1999 1999 2002 1988 2003 1997 2004 2004 1998 1997 2000 2003 1998 1989 Pending Pending 2003 2000 1990 2005 2001 2000 Department Restructuring Labor Restructuring Litigation Real Estate Taxation Restructuring Environment Restructuring Employee Benefits Intellectual Property Litigation Labor Restructuring Corporate Intellectual Property Corporate Litigation Restructuring Corporate Corporate Taxation Restructuring Restructuring Environment Litigation Employee Benefits Restructuring Litigation Corporate Restructuring Litigation Litigation Litigation Litigation Litigation Labor Restructuring Restructuring Corporate Hourly Billing Rate $475.00 $355.00 $560.00 $390.00 $415.00 $325.00 $345.00 $810.00 $745.00 $310.00 $795.00 $330.00 $310.00 $745.00 $310.00 $330.00 $725.00 $330.00 $415.00 $505.00 $525.00 $475.00 $835.00 $415.00 $600.00 $330.00 $465.00 $525.00 $615.00 $550.00 $395.00 $615.00 $675.00 $310.00 $310.00 $515.00 $550.00 $595.00 $745.00 $370.00 $535.00 $495.00 Total Billed Hours 2.80 5.20 252.80 2.10 11.50 0.50 18.10 130.60 88.50 39.60 64.80 35.50 18.00 6.70 26.50 28.60 20.30 34.40 7.50 136.10 0.80 21.80 3.30 163.70 0.50 11.20 2.50 18.50 23.10 6.10 3.80 189.80 1.30 2.50 40.00 14.60 15.50 11.90 22.20 47.20 212.50 114.30 1,857.20 Total Compensation $1,330.00 $1,846.00 $141,568.00 $819.00 $4,772.50 $6,407.00 $105,786.00 $65,932.50 $12,276.00 $51,516.00 $11,715.00 $5,580.00 $4,991.50 $8,215.00 $9,438.00 $14,717.50 $11,352.00 $3,112.50 $68,730.50 $420.00 $10,355.00 $2,755.50 $67,935.50 $300.00 $3,696.00 $1,162.50 $9,712.50 $14,206.50 $3,355.00 $1,501.00 $116,727.00 $877.50 $775.00 $12,400.00 $7,519.00 $8,525.00 $23,619.50 $17,464.00 $113,687.50 $56,578.50 $1,003,677.50
Name of Paraprofessional Person Jesse Aguilar David Andrews Neil P. Bohan Michelle T. Denny Adam J. Gorman Scott Huff Claude W. Irmis Eugene Kornel Whitney Lappley Jane B. Mackie Maureen McCarthy Katherine K. Phillips Mary M. Plastina Rocio Renteria Gary M. Vogt Scott F. Walker Kurt J. Wunderlich Library Research
Position with the Applicant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Project Assistant Legal Assistant Case Assistant Project Assistant Project Assistant Legal Assistant Legal Assistant Legal Assistant Project Assistant Legal Assistant Legal Assistant Merger/Acquisition Clearance Assistant Research Specialist
Department Restructuring Restructuring Restructuring Litigation Restructuring Restructuring Restructuring Litigation Restructuring Restructuring Restructuring Restructuring Employee Benefits Restructuring Restructuring Restructuring Administrative Services Administrative Services
Hourly Billing Rate $220.00 $190.00 $190.00 $220.00 $190.00 $165.00 $250.00 $145.00 $155.00 $165.00 $190.00 $190.00 $210.00 $155.00 $250.00 $190.00 $165.00 $195.00
Total Billed Hours 6.60 22.40 26.50 4.00 193.70 14.80 1.00 5.00 1.10 178.40 36.50 4.00 0.50 29.40 0.70 17.90 2.80 2.50 547.80 2,405.00
Total Compensation $1,452.00 $4,256.00 $5,035.00 $880.00 $36,803.00 $2,442.00 $250.00 $725.00 $170.50 $29,436.00 $6,935.00 $760.00 $105.00 $4,557.00 $175.00 $3,401.00 $462.00 $487.50 $98,332.00 $1,102,009.50
Totals for Paraprofessionals TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS
Invoices for the Period January 1, 2007 through January 31, 2007 (see attached)
EXHIBIT C-2 Summary of Legal Fees and Expenses For the Period February 1, 2007 through February 28, 2007
Matter Number 3 5 6 7 8 9 11 12 Matter Description Total Billed Hours 16.40 337.90 79.50 131.50 32.00 145.30 1,041.20 69.60 195.10 87.50 303.20 79.60 15.10 38.70 25.00 62.20 34.00 190.10 5.00 35.60 10.20 14.10 38.40 26.50 10.60 6.90 3,031.20 Total Fees Requested $7,321.50 $169,700.50 $41,470.00 $28,550.50 $14,785.50 $48,270.50 $380,338.00 $16,942.00 $68,340.50 $24,781.00 $130,192.50 $28,356.00 $5,386.00 $13,302.00 $9,156.00 $41,800.00 $21,148.50 $111,436.00 $2,209.00 $17,437.50 $6,097.00 $6,448.00 $20,463.00 $14,278.50 $2,872.00 $3,428.50 $1,234,510.50 Total Expenses Requested $1,070.97 $203.35 $427.99 $3,000.16 $84.00 $1,138.15 $9,435.26 $1,840.29 $1,241.95 $174.25 $2,437.66 $32.35 $37.80 $35.65 $9,631.51 $459.05 $9.75 $162.60 $0.00 $194.55 $0.00 $21.40 $40.00 $212.55 $0.00 $1.50 $31,892.74 Total Compensation $8,392.47 $169,903.85 $41,897.99 $31,550.66 $14,869.50 $49,408.65 $389,773.26 $18,782.29 $69,582.45 $24,955.25 $132,630.16 $28,388.35 $5,423.80 $13,337.65 $18,787.51 $42,259.05 $21,158.25 $111,598.60 $2,209.00 $17,632.05 $6,097.00 $6,469.40 $20,503.00 $14,491.05 $2,872.00 $3,430.00 $1,266,403.24
Adversary Proceedings and Contested Matter Asset Analysis Business Operations Case Administration Cash Collateral/DIP Financing Claims Administration and Objections Executory Contracts and Unexpired Leases Hearings Fee/Retention Application/Objections 13 (Kirkland & Ellis Only) Fee/Retention Application/Objections (Other 16 Professionals) Disclosure Statement and Plan of 17 Reorganization 18 Reclamation 19 Relief from Automatic Stay 21 Tax Issues 22 Travel 24 Environmental 25 International 26 Labor and Employee Benefits 27 Avoidance Actions 28 Corporate and Securities Matters 29 Stakeholders Communications 34 Insurance 35 Intellectual Property 38 U.S. Trustee 39 Liens 40 Vendor/Supplier Matters Totals for Matters
Summary of Hours Billed by Attorneys and Paraprofessionals For the Period February 1, 2007 through February 28,2007
Name of Professional Person Nader R. Boulos Nicole G. Brightbill Marc J. Carmel Lisa Cox Thad Davis David L. Eaton Jeffrey Gettleman Mark E. Grummer Lauren M. Hawkins Vicki V. Hood Elisa Hughes Gates S. Hurand John S. Irving, Jr. Bridget Jaunal John Kelly Gregg Kirchhoefer, P.C. Arun G. Krishnan Lisa V. LeCointe Lori A. Lenard Carl LeSueur Micah E. Marcus Daryll Marshall Elisabeth Martin Todd F. Maynes, P.C. Andrew P.R. McDermott W. Robert Middleton Ryan Morettini Michelle Mulkern Linda K. Myers, P.C. Keren Naveh Maureen D. OBrien Adam C. Paul Victoria Reznik Ray C. Schrock Joseph Serino, Jr. Brian F. Shaughnessy Ami H. Sheth Joshua B. Simon Matthew O. Solum Colleen Sorensen R. Timothy Stephenson Paul Wierbicki Scott R. Zemnick Paul Zier Totals for Attorneys Position with the Applicant and Year Admitted Partner 1994 Associate 2005 Partner 2000 Associate 2000 Associate 2005 Partner 1978 Associate 1974 Partner 1976 Associate 2006 Partner 1979 Associate 2004 Associate 2006 Of Counsel 1965 Associate 2006 Associate 2006 Partner 1982 Associate 2005 Associate 2007 Of Counsel 1992 Associate 2005 Associate 1999 Partner 1999 Associate 2002 Partner 1988 Associate 2003 Associate 2006 Associate 2004 Associate 2002 Partner 1990 Associate 2007 Partner 1998 Partner 1997 Partner 2000 Partner 1998 Partner 1989 Associate Pending Associate Pending Associate 2003 Partner 2000 Associate 2005 Partner 1990 Associate 2005 Associate 2001 Partner 2000 Department Litigation Labor Restructuring Real Estate Taxation Restructuring Restructuring Environment Restructuring Employee Benefits Intellectual Property Litigation Labor Restructuring Corporate Intellectual Property Corporate Litigation Employee Benefits Litigation Restructuring Corporate Corporate Taxation Restructuring Real Estate Litigation Corporate Corporate Litigation Employee Benefits Restructuring Litigation Restructuring Litigation Litigation Litigation Litigation Litigation Employee Benefits Labor Restructuring Restructuring Corporate Hourly Billing Rate $570.00 $355.00 $560.00 $415.00 $345.00 $810.00 $505.00 $745.00 $310.00 $795.00 $330.00 $310.00 $745.00 $310.00 $330.00 $725.00 $330.00 $310.00 $515.00 $415.00 $505.00 $525.00 $475.00 $835.00 $415.00 $275.00 $465.00 $450.00 $795.00 $310.00 $525.00 $615.00 $550.00 $615.00 $675.00 $310.00 $310.00 $515.00 $550.00 $330.00 $745.00 $370.00 $535.00 $495.00 Total Billed Hours 2.00 7.20 241.00 8.70 8.00 65.50 0.30 41.70 44.20 40.10 14.10 141.10 15.20 28.90 11.70 16.10 42.10 26.50 3.00 45.20 75.20 26.00 27.50 1.00 178.30 3.30 0.50 1.30 0.50 0.30 22.50 6.10 3.30 156.80 32.20 196.20 35.00 135.80 90.20 7.50 31.00 139.40 217.00 55.20 2,244.70 Total Compensation $1,140.00 $2,556.00 $134,960.00 $3,610.50 $2,760.00 $53,055.00 $151.50 $31,066.50 $13,702.00 $31,879.50 $4,653.00 $43,741.00 $11,324.00 $8,959.00 $3,861.00 $11,672.50 $13,893.00 $8,215.00 $1,545.00 $18,758.00 $37,976.00 $13,650.00 $13,062.50 $835.00 $73,994.50 $907.50 $232.50 $585.00 $397.50 $93.00 $11,812.50 $3,751.50 $1,815.00 $96,432.00 $21,735.00 $60,822.00 $10,850.00 $69,937.00 $49,610.00 $2,475.00 $23,095.00 $51,578.00 $116,095.00 $27,324.00 $1,090,568.00
Name of Paraprofessional Person Jesse Aguilar David Andrews Neil P. Bohan Derek J. Bremer Christopher Chiu Michelle T. Denny Kevin Donnelly Stephanie D. Frye Adam J. Gorman David Helstowski David Hernandez Scott Huff Claude W. Irmis Eugene Kornel Whitney Lappley Rebecca Levenfeld Jane B. Mackie Thomas Mangne Maureen McCarthy Mary M. Plastina Rocio Renteria Portia Sarmiento-Guerin Linda A. Scussel James R. Strohl Scott F. Walker Maria E. Yapan PeiSan Yee Library Research
Position with the Applicant Legal Assistant Legal Assistant Legal Assistant Technology Services Restructuring Conflicts Supervisor Legal Assistant Project Assistant Conflicts Analyst Legal Assistant Project Assistant Project Assistant Project Assistant Legal Assistant Case Assistant Project Assistant Project Assistant Project Assistant Technology Services Legal Assistant Legal Assistant Project Assistant Legal Assistant Restructuring Conflicts Coordinator Legal Assistant Legal Assistant Case Assistant Technology Services Research Specialist
Department Restructuring Restructuring Restructuring Litigation Administrative Services Litigation Restructuring Administrative Services Restructuring Restructuring Restructuring Restructuring Restructuring Litigation Restructuring Litigation Restructuring Litigation Restructuring Employee Benefits Restructuring Corporate Administrative Services Restructuring Restructuring Litigation Litigation Administrative Services
Hourly Billing Rate $220.00 $190.00 $190.00 $200.00 $180.00 $220.00 $155.00 $190.00 $190.00 $145.00 $165.00 $165.00 $250.00 $145.00 $155.00 $150.00 $165.00 $220.00 $190.00 $210.00 $155.00 $210.00 $190.00 $220.00 $190.00 $130.00 $200.00 $195.00
Total Billed Hours 8.00 18.90 17.10 1.00 2.00 141.30 3.20 27.00 153.10 2.10 16.40 10.00 0.20 101.00 2.80 3.50 134.60 0.30 87.20 0.90 26.90 0.30 10.30 1.30 13.90 1.70 1.00 0.50 786.50 3,031.20
Total Compensation $1,760.00 $3,591.00 $3,249.00 $200.00 $360.00 $31,086.00 $496.00 $5,130.00 $29,089.00 $304.50 $2,706.00 $1,650.00 $50.00 $14,645.00 $434.00 $525.00 $22,209.00 $66.00 $16,568.00 $189.00 $4,169.50 $63.00 $1,957.00 $286.00 $2,641.00 $221.00 $200.00 $97.50 $143,942.50 $1,234,510.50
Totals for Paraprofessionals TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS
Invoices for the Period February 1, 2007 through February 28, 2007 (see attached)
EXHIBIT C-3 Summary of Legal Fees and Expenses For the Period March 1, 2007 through March 31, 2007
Matter Number 3 5 6 7 8 9 11 12 Matter Description Total Billed Hours 11.20 1,351.20 43.90 144.20 123.80 99.40 238.00 93.30 61.20 64.20 104.00 38.40 55.30 109.10 94.60 237.30 49.70 20.60 19.70 25.60 185.50 40.20 0.00 60.10 10.60 3,281.10 Total Fees Requested $4,595.00 $623,400.50 $24,477.50 $30,130.50 $37,345.50 $33,115.50 $89,952.00 $37,046.50 $25,658.50 $19,624.00 $38,277.00 $15,281.50 $26,625.00 $71,126.00 $54,720.50 $143,542.00 $24,401.00 $9,404.50 $8,494.50 $14,841.00 $81,579.50 $17,920.00 $0.00 $25,317.50 $3,146.00 $1,460,021.50 Total Expenses Requested $911.87 $2,768.29 $658.65 $2,195.30 $237.45 $790.28 $10,353.76 $3,341.07 $425.80 $248.31 $728.32 $310.73 $13,534.27 $298.38 $170.01 $1,017.83 $98.86 $629.67 $11.57 $16.35 $275.10 $380.56 $4,648.75 $4.30 $0.00 $44,055.48 Total Compensation $5,506.87 $626,168.79 $25,136.15 $32,325.80 $37,582.95 $33,905.78 $100,305.76 $40,387.57 $26,084.30 $19,872.31 $39,005.32 $15,592.23 $40,159.27 $71,424.38 $54,890.51 $144,559.83 $24,499.86 $10,034.17 $8,506.07 $14,857.35 $81,854.60 $18,300.56 $4,648.75 $25,321.80 $3,146.00 $1,504,076.98
Adversary Proceedings and Contested Matter Asset Analysis Business Operations Case Administration Cash Collateral/DIP Financing Claims Administration and Objections Executory Contracts and Unexpired Leases Hearings Fee/Retention Application/Objections 13 (Kirkland & Ellis Only) Fee/Retention Application/Objections 16 (Other Professionals) Disclosure Statement and Plan of 17 Reorganization 21 Tax Issues 22 Travel 24 Environmental 25 International 26 Labor and Employee Benefits 27 Avoidance Actions 28 Corporate and Securities Matters 29 Stakeholders Communications 34 Insurance 35 Intellectual Property 38 U.S. Trustee 39 Liens 40 Vendor/Supplier Matters 41 Document Subpoena Investigation Totals for Matters
Summary of Hours Billed by Attorneys and Paraprofessionals For the Period March 1, 2007 through March 31, 2007
Name of Professional Person Jessica Blaemire Zachary S. Brez Nicole G. Brightbill David K. Callahan, P.C. Marc J. Carmel Jennifer Clarke-Smith Lisa Cox Brian E. Davis Thad Davis Deborah V. Dunn David L. Eaton Lisa G. Esayian Wendy A. Fleske Mark E. Grummer Lauren M. Hawkins Gregory T. Heyman Vicki V. Hood Elisa Hughes Gates S. Hurand John S. Irving, Jr. Alicia D. Johnson John Kelly Vladimir Khodosh Lily Kim Gregg Kirchhoefer, P.C. Arun G. Krishnan Brian R. Land Carl LeSueur Micah E. Marcus Daryll Marshall Elisabeth Martin Todd F. Maynes, P.C. Andrew P.R. McDermott Ryan Morettini Michelle Mulkern Dennis M. Myers, P.C. Linda K. Myers, P.C. Keren Naveh Maureen D. O'Brien Adam C. Paul Joshua Z. Rabinovitz Victoria Reznik Position with the Applicant and Year Admitted Associate 2006 Partner 2000 Associate 2005 Partner Partner Of Counsel Associate Partner Associate Partner Partner Partner Associate Partner Associate Associate Partner Associate Associate Of Counsel Partner Associate Associate Associate Partner Associate Partner Associate Associate Partner Associate Partner Associate Associate Associate Partner Partner Associate Partner Partner Partner Partner 1991 2000 2003 2000 2000 2005 1995 1978 1991 2004 1976 2006 2003 1979 2004 2006 1965 1997 2006 2002 2006 1982 2005 1989 2005 1999 1999 2002 1988 2003 2004 2002 1996 1990 2007 1998 1997 2000 2000 Department Litigation Litigation Labor Intellectual Property Restructuring Litigation Real Estate Real Estate Taxation Trusts and Estates Restructuring Litigation Real Estate Environment Restructuring Litigation Employee Benefits Intellectual Property Litigation Labor Litigation Corporate Intellectual Property Employee Benefits Intellectual Property Corporate Environment Litigation Litigation Corporate Corporate Taxation Restructuring Litigation Corporate Corporate Corporate Litigation Employee Benefits Restructuring Litigation Litigation Hourly Billing Rate $275.00 $550.00 $355.00 $725.00 $560.00 $390.00 $415.00 $525.00 $345.00 $550.00 $810.00 $570.00 $375.00 $745.00 $310.00 $515.00 $795.00 $330.00 $310.00 $745.00 $485.00 $330.00 $375.00 $275.00 $725.00 $330.00 $745.00 $415.00 $435.00 $525.00 $475.00 $835.00 $415.00 $465.00 $450.00 $775.00 $795.00 $310.00 $525.00 $615.00 $485.00 $550.00 Total Billed Hours 5.60 6.30 7.10 1.30 288.10 12.30 0.30 4.00 28.70 1.30 61.60 1.30 8.60 76.90 65.90 6.30 50.60 102.10 4.30 9.00 2.00 10.00 40.90 4.50 71.20 188.60 4.60 18.20 36.00 30.30 24.40 2.50 66.80 28.70 0.50 1.50 1.10 36.60 48.50 15.20 0.60 7.10 Total Compensation $1,540.00 $3,465.00 $2,520.50 $942.50 $161,336.00 $4,797.00 $124.50 $2,100.00 $9,901.50 $715.00 $49,896.00 $741.00 $3,225.00 $57,290.50 $20,429.00 $3,244.50 $40,227.00 $33,693.00 $1,333.00 $6,705.00 $970.00 $3,300.00 $15,337.50 $1,237.50 $51,620.00 $62,238.00 $3,427.00 $7,553.00 $15,660.00 $15,907.50 $11,590.00 $2,087.50 $27,722.00 $13,345.50 $225.00 $1,162.50 $874.50 $11,346.00 $25,462.50 $9,348.00 $291.00 $3,905.00
Name of Professional Person Ray C. Schrock Joseph Serino, Jr. Brian F. Shaughnessy Jesse Sheley Ami H. Sheth Joshua B. Simon Matthew O. Solum Brian Song R. Timothy Stephenson Wendy Tamblyn Gregory Vogelsperger Paul Wierbicki Guohua Wu Thomas Young Scott R. Zemnick Paul Zier Totals for Attorneys
Position with the Applicant and Year Admitted Partner 1998 Partner 1989 Associate Pending Associate 2003 Associate Pending Associate 2003 Partner 2000 Associate 2002 Partner 1990 Of Counsel 1999 Partner 2000 Associate 2005 Of Counsel 1995 Associate 2003 Associate 2001 Partner 2000
Department Restructuring Litigation Litigation Corporate Litigation Litigation Litigation Litigation Labor Real Estate Corporate Restructuring Corporate Taxation Restructuring Corporate
Hourly Billing Rate $615.00 $675.00 $310.00 $415.00 $310.00 $515.00 $550.00 $415.00 $745.00 $475.00 $525.00 $370.00 $445.00 $455.00 $535.00 $495.00
Total Billed Hours 264.40 10.70 26.50 0.30 31.00 22.00 31.70 8.80 44.80 28.50 21.00 194.70 151.00 2.00 238.70 233.10 2,690.60
Total Compensation $162,606.00 $7,222.50 $8,215.00 $124.50 $9,610.00 $11,330.00 $17,435.00 $3,652.00 $33,376.00 $13,537.50 $11,025.00 $72,039.00 $67,195.00 $910.00 $127,704.50 $115,384.50 $1,350,202.50
Name of Position with the Paraprofessional Applicant Person Jesse Aguilar Legal Assistant David Andrews Legal Assistant Jordannah Bangi Project Assistant Neil P. Bohan Legal Assistant Christine A. Casey Legal Assistant Michelle T. Denny Legal Assistant Kevin Donnelly Project Assistant Adam J. Gorman Legal Assistant David Helstowski Project Assistant David Hernandez Project Assistant Scott Huff Project Assistant Claude W. Irmis Legal Assistant Eugene Kornel Case Assistant Whitney Lappley Project Assistant Jane B. Mackie Project Assistant Maureen McCarthy Legal Assistant Lauren Mitchell-Dawson Legal Assistant Marc Orejuela Legal Assistant Katherine K. Phillips Legal Assistant Brandon L. Phillips Legal Assistant Mary M. Plastina Legal Assistant Rocio Renteria Project Assistant Portia Sarmiento-Guerin Legal Assistant Gary M. Vogt Legal Assistant Scott .F Walker Legal Assistant Timothy Weil Project Assistant Totals for Paraprofessionals
Department Restructuring Restructuring Corporate Restructuring Intellectual Property Litigation Restructuring Restructuring Restructuring Restructuring Restructuring Restructuring Litigation Restructuring Restructuring Restructuring Environment Litigation Restructuring Litigation Employee Benefits Restructuring Corporate Restructuring Restructuring Intellectual Property
Hourly Billing Rate $220.00 $190.00 $150.00 $190.00 $210.00 $220.00 $155.00 $190.00 $145.00 $165.00 $165.00 $250.00 $145.00 $155.00 $165.00 $190.00 $235.00 $225.00 $190.00 $175.00 $210.00 $155.00 $210.00 $250.00 $190.00 $140.00
Total Billed Hours 5.40 19.50 1.50 22.00 3.20 18.60 4.20 146.20 7.40 27.30 1.50 3.90 10.50 3.80 109.80 41.20 0.50 4.50 1.50 3.50 7.40 10.60 104.10 0.50 15.90 16.00 590.50
Total Compensation $1,188.00 $3,705.00 $225.00 $4,180.00 $672.00 $4,092.00 $651.00 $27,778.00 $1,073.00 $4,504.50 $247.50 $975.00 $1,522.50 $589.00 $18,117.00 $7,828.00 $117.50 $1,012.50 $285.00 $612.50 $1,554.00 $1,643.00 $21,861.00 $125.00 $3,021.00 $2,240.00 $109,819.00
TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS
3,281.10
$1,460,021.50
Invoices for the Period March 1, 2007 through March 31, 2007 (see attached)
EXHIBIT C-4 Summary of Legal Fees and Expenses For the Period April 1, 2007 through April 30, 2007
Matter Number 3 Matter Description Total Billed Hours 5.30 1,279.50 55.00 148.90 32.90 95.10 92.00 104.90 34.30 69.80 56.40 8.10 33.20 50.70 78.80 60.10 229.50 16.40 35.00 44.30 91.70 411.70 3.80 3.50 6.50 3,047.40 Total Fees Requested $2,912.50 $586,906.00 $32,528.50 $28,279.50 $14,145.00 $33,647.00 $44,449.50 $35,198.50 $13,352.00 $22,447.00 $29,052.50 $3,054.00 $14,888.00 $27,740.00 $55,116.00 $36,087.00 $136,184.50 $9,663.50 $16,944.00 $25,776.50 $46,985.50 $194,971.00 $1,034.00 $735.00 $3,415.00 $1,415,512.00 Total Expenses Requested $1,715.45 $6,525.42 $561.50 $7,120.13 $132.97 $1,822.99 $7,111.05 $2,249.79 $1,088.71 $537.13 $1,458.73 $33.45 $196.52 $27,658.78 $316.36 $1.30 $524.41 $35.56 $819.88 $2,917.95 $56.95 $90.75 $266.36 $0.00 $0.00 $63,242.14 Total Compensation $4,627.95 $593,431.42 $33,090.00 $35,399.63 $14,277.97 $35,469.99 $51,560.55 $37,448.29 $14,440.71 $22,984.13 $30,511.23 $3,087.45 $15,084.52 $55,398.78 $55,432.36 $36,088.30 $136,708.91 $9,699.06 $17,763.88 $28,694.45 $47,042.45 $195,061.75 $1,300.36 $735.00 $3,415.00 $1,478,754.14
Adversary Proceedings and Contested Matter 5 Asset Analysis 6 Business Operations 7 Case Administration 8 Cash Collateral/DIP Financing 9 Claims Administration and Objections 11 Executory Contracts and Unexpired Leases 12 Hearings Fee/Retention Application/Objections 13 (Kirkland & Ellis Only) Fee/Retention Application/Objections 16 (Other Professionals) Disclosure Statement and Plan of 17 Reorganization 19 Relief from Automatic Stay 21 Tax Issues 22 Travel 24 Environmental 25 International 26 Labor and Employee Benefits 27 Avoidance Actions 28 Corporate and Securities Matters 29 Stakeholders Communications 34 Insurance 35 Intellectual Property 38 U.S. Trustee 39 Liens 40 Vendor/Supplier Matters Totals for Matters
Summary of Hours Billed by Attorneys and Paraprofessionals For the Period April 1, 20067 through April 30, 2007
Name of Professional Person Nicole G. Brightbill David K. Callahan, P.C. Marc J. Carmel Jennifer Clarke-Smith Brian E. Davis Thad Davis Jared S. Dinkes Deborah V. Dunn David L. Eaton Wendy A. Fleske Mark E. Grummer Lauren M. Hawkins Gregory T. Heyman Vicki V. Hood Elisa Hughes John S. Irving, Jr. Alicia D. Johnson John Kelly Vladimir Khodosh Gregg Kirchhoefer, P.C. Arun Kurichety Brian R. Land Lori A. Lenard Micah E. Marcus Daryll Marshall Todd F. Maynes, P.C. Andrew P.R. McDermott Roberto S. Miceli Ryan Morettini Maureen D. OBrien Adam C. Paul Victoria Reznik Ray C. Schrock Joseph Serino, Jr. Joshua B. Simon Matthew O. Solum Colleen Sorensen R. Timothy Stephenson Wendy Tamblyn Gregory Vogelsperger Jason M. Wejnert Paul Wierbicki Guohua Wu Scott R. Zemnick Paul Zier Totals for Attorneys Position with the Applicant and Year Admitted Associate 2005 Partner 1991 Partner 2000 Of Counsel 2003 Partner 1998 Associate 2005 Associate 2006 Partner 1995 Partner 1978 Associate 2004 Partner 1976 Associate 2006 Associate 2003 Partner 1979 Associate 2004 Of Counsel 1965 Partner 1997 Associate 2006 Associate 2002 Partner 1982 Associate 2006 Partner 1989 Of Counsel 1992 Associate 1999 Partner 1999 Partner 1988 Associate 2003 Partner 1996 Associate 2004 Partner 1998 Partner 1997 Partner 2000 Partner 1998 Partner 1989 Associate 2003 Partner 2000 Associate 2005 Partner 1990 Of Counsel 1999 Partner 2000 Associate 2004 Associate 2005 Of Counsel 1995 Associate 2001 Partner 2000 Department Labor Intellectual Property Restructuring Litigation Real Estate Taxation Corporate Trusts and Estates Restructuring Real Estate Environment Restructuring Litigation Employee Benefits Intellectual Property Labor Litigation Corporate Intellectual Property Intellectual Property Restructuring Environment Employee Benefits Litigation Corporate Taxation Restructuring Real Estate Litigation Employee Benefits Restructuring Litigation Restructuring Litigation Litigation Litigation Employee Benefits Labor Real Estate Corporate Intellectual Property Restructuring Corporate Restructuring Corporate Hourly Billing Rate $355.00 $725.00 $560.00 $390.00 $525.00 $345.00 $275.00 $550.00 $810.00 $375.00 $745.00 $310.00 $515.00 $795.00 $330.00 $745.00 $485.00 $330.00 $375.00 $725.00 $310.00 $745.00 $515.00 $435.00 $525.00 $835.00 $415.00 $565.00 $465.00 $525.00 $615.00 $550.00 $615.00 $675.00 $515.00 $550.00 $330.00 $745.00 $475.00 $525.00 $375.00 $370.00 $445.00 $535.00 $495.00 Total Billed Hours 2.40 0.50 221.80 4.90 3.50 17.30 13.20 1.50 67.60 17.30 69.00 14.40 53.20 65.80 113.30 6.80 6.00 2.50 138.80 143.90 23.30 1.50 2.00 7.10 7.40 5.20 85.20 6.50 0.90 50.20 17.90 20.90 255.40 6.40 1.60 3.90 2.30 56.40 2.30 176.80 21.00 224.90 246.30 199.30 128.30 2,516.70 Total Compensation $852.00 $362.50 $124,208.00 $1,911.00 $1,837.50 $5,968.50 $3,630.00 $825.00 $54,756.00 $6,487.50 $51,405.00 $4,464.00 $27,398.00 $52,311.00 $37,389.00 $5,066.00 $2,910.00 $825.00 $52,050.00 $104,327.50 $7,223.00 $1,117.50 $1,030.00 $3,088.50 $3,885.00 $4,342.00 $35,358.00 $3,672.50 $418.50 $26,355.00 $11,008.50 $11,495.00 $157,071.00 $4,320.00 $824.00 $2,145.00 $759.00 $42,018.00 $1,092.50 $92,820.00 $7,875.00 $83,213.00 $109,603.50 $106,625.50 $63,508.50 $1,319,852.00
Name of Paraprofessional Person Jesse Aguilar David Andrews Neil P. Bohan Derek J. Bremer Jamie Brown Michelle T. Denny Kevin Donnelly Donna R. Gasiorowski Adam J. Gorman David Helstowski David Hernandez Scott Huff Brian D. Krieter Jane B. Mackie Maureen McCarthy Mary M. Plastina Renee M. Prescan Laurie L. Ruxton Portia Sarmiento-Guerin Linda A. Scussel James R. Strohl Gary M. Vogt Scott F. Walker Kristen Weber Timothy Weil Kurt J. Wunderlich Library Research
Position with the Applicant Legal Assistant Legal Assistant Legal Assistant Technology Services Project Assistant Legal Assistant Project Assistant Legal Assistant Legal Assistant Project Assistant Project Assistant Project Assistant Legal Assistant Project Assistant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Legal Assistant Restructuring Conflicts Coordinator Legal Assistant Legal Assistant Legal Assistant Project Assistant Project Assistant Merger/Acquisition Clearance Assistant Research Specialist
Department Restructuring Restructuring Restructuring Litigation Real Estate Litigation Restructuring Intellectual Property Restructuring Restructuring Restructuring Restructuring Real Estate Restructuring Restructuring Employee Benefits Intellectual Property Real Estate Corporate Administrative Services Restructuring Restructuring Restructuring Restructuring Intellectual Property Administrative Services Administrative Services
Hourly Billing Rate $220.00 $190.00 $190.00 $200.00 $150.00 $220.00 $155.00 $255.00 $190.00 $145.00 $165.00 $165.00 $255.00 $165.00 $190.00 $210.00 $210.00 $245.00 $210.00 $190.00 $220.00 $250.00 $190.00 $155.00 $140.00 $165.00 $195.00
Total Billed Hours 5.90 12.00 18.00 1.00 3.00 2.00 11.60 1.00 161.20 8.80 32.00 9.20 9.50 157.20 28.40 0.60 3.30 1.00 25.40 1.00 0.30 0.70 11.30 15.50 7.00 1.30 2.50 530.70
Total Compensation $1,298.00 $2,280.00 $3,420.00 $200.00 $450.00 $440.00 $1,798.00 $255.00 $30,628.00 $1,276.00 $5,280.00 $1,518.00 $2,422.50 $25,938.00 $5,396.00 $126.00 $693.00 $245.00 $5,334.00 $190.00 $66.00 $175.00 $2,147.00 $2,402.50 $980.00 $214.50 $487.50 $95,660.00
Totals for Paraprofessionals
TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS
3,047.40
$1,415,512.00
Invoices for the Period April 1, 2007 through April 30, 2007 (see attached)
EXHIBIT D MARC J. CARMEL, Partner, Restructuring. Admitted to Bar, 2000, Illinois. Education: University of Michigan (B.B.A., 1994; M.Acc., 1994); Harvard University (J.D., 2000). Mr. Carmels practice focuses on all aspects of bankruptcy and restructuring workouts and his major recent client representations include UAL Corporation, Trans World Airlines and Harnischfeger Industries. Before attending Harvard Law School, Mr. Carmel practiced as a Certified Public Accountant. He co-authored the articles, Fiduciary Duties & the Zone of Insolvency, regarding the fiduciary duties of officers and directors in a financially troubled corporation, Recharacterization from Debt to Equity: Do Bankruptcy Courts Have the Power?, and What Standard Should Be Used To Determine Compensation? THAD W. DAVIS, Associate, Tax & Planning. Admitted to Bar, 2005, Illinois, Education: University of Chicago (B.A., 1991); University of Southern California (M.F.A., 1999); University of Chicago Law School (J.D., 2005). Mr. Davis is an associate in K&Es tax and planning department in Chicago. Mr. Daviss practice focuses on tax aspects of complex business transactions, the tax aspects of restructuring and bankruptcy and tax litigation. DAVID L. EATON, Partner, Restructuring. Admitted to Bar, 1978, Illinois. University of Michigan (B.A., 1974); University of Illinois (J.D., 1978). Education:
Mr. Eaton concentrates his practice in the representation of debtors, financial institutions, unsecured creditors and committees, in workout and bankruptcy planning, negotiation and litigation. He also represents purchasers of financially troubled companies. He is the author of several articles, including Acquiring an Insolvent Business and Trouble With The Syndicate: Avoiding Disputes Over Syndicated Loan Documents and Participation Agreements. MARK E. GRUMMER, Partner, Environmental. Admitted to Bar, 1976, Illinois, 1979, District of Columbia. Education: Northwestern University (B.A., 1973) with Distinction; University of Chicago (J.D., 1976) Law Review. Mr. Grummer is a partner in K&Es environmental practice in Washington, D.C. Mr. Grummers practice focuses on CERCLA analysis, bankruptcy matters, transactional due diligence and environmental litigation. Mr. Grummer has experience in representing debtors in several current and recent chapter 11 cases. Mr. Grummer also has significant experience representing clients in matters involving acquisitions of assets from bankruptcy estates and transactional and corporate counseling involving businesses with known or potential environmental and toxic tort liabilities.
LAUREN HAWKINS, Associate, Restructuring. Admitted to Bar, 2006, Illinois. Education: Missouri State University (B.S., 2001); Washington University School of Law (J.D., 2005). Ms. Hawkins is an associate in K&Es restructuring group in Chicago. Ms. Hawkins focuses her practice on all aspects of corporate restructuring, bankruptcy and insolvency proceedings. GREGORY T. HEYMAN, Associate, Litigation. Admitted to Bar, 2003, New York. Education: Brandeis University (B.A., 1995); Columbia Law School (J.D., 2001). Mr. Heyman is an associate in K&Es litigation practice in New York. Mr. Heyman has significant experience in complex litigation and arbitration. Mr. Heymans practice focuses on antitrust, appellate, bankruptcy, commercial disputes, labor, securities and financial service regulation and trade secrets. Mr. Heyman has represented clients and has successfully argued motions in state and federal courts across the United States. Mr. Heyman has developed case strategies and managed all aspects of discovery and pretrial proceedings in multi-million dollar cases for a variety of Fortune 500 companies. Mr. Heyman has also advised clients in connection with disputes before the AAA and NASD on a variety of matters. VICKI V. HOOD, Partner, Employee Benefits. Admitted to Bar, 1977, Illinois; 1991 New York. Education: Northwestern University (B.A., 1974); Northwestern University (M.M., 1977); Northwestern University (J.D., 1977). Ms. Hood is the partner in charge of Kirklands employee benefits group. Her practice focuses on the employee and employee benefits aspects of corporate transactions, bankruptcy and workout situations. Ms. Hood also has extensive experience in advising venture capital, real estate and leveraged buyout funds regarding the Department of Labor plan asset rules, advising investment managers regarding ERISA fiduciary rules with respect to incentive compensation, prohibited transactions and other compliance issues, and counseling internal employee benefits committees on their ERISA fiduciary duties and responsibilities. Ms. Hoods practice includes the representation of some of the largest private retirement funds in the world for purposes of benefit design, compliance and, most significantly, direct private market investments. ELISA D. HUGHES, Associate, Intellectual Property. Admitted to Bar, 2004, Illinois. Education: Boise State University (B.F.A., 1997); Northwestern University School of Law (J.D., 2004). Ms. Hughes is an associate in K&Es intellectual property transactional group in Chicago. Ms. Hughes practices focuses on the transactional side of intellectual property, and Ms. Hughes has experience advising clients on issues relating to trademark licenses, patent licenses and supply agreements. In addition to drafting and negotiating licenses and contracts, Ms. Hughes also assists private equity firms on various intellectual property related issues that arise in the purchase and sale of companies in a wide range of industries, from consumer goods and software developers to semiconductor manufacturers and chemical plants. Ms. Hughes experience in
these matters includes analysis of intellectual property portfolios and drafting consulting agreements, intellectual property assignment documents and confidentiality agreements. GATES S. HURAND, Associate, Litigation. Admitted to Bar, 2006, New Jersey, Pending, New York and New Jersey. Education: Yale University (B.A., 2000); University of Michigan Law School (J.D., 2006) cum laude. Mr. Hurand is an associate in K&Es litigation practice in New York. Mr. Hurands practice focuses on commercial litigation and white collar criminal defense. Mr. Hurand has experience representing large institutional clients as well as individual clients in a range of litigation matters. BRIDGET K. JAUNAL, Associate, Restructuring. Admitted to Bar, 2006, Illinois. Education: Texas A&M University (B.S., 1984); Rice University (M.B.A. 1989); Northwestern University School of Law (J.D., 2006) Mrs. Jaunal is an associate in K&Es restructuring group in Chicago. Mrs. Jaunals practice focuses on representing corporate debtors in all aspects of corporate restructuring, including representations of clients interest in chapter 11 cases. Mrs. Jaunal has a range of experience including assisting clients to understand bankruptcy specific considerations of asset disposition, post-petition default interest considerations, suretyship rights and defenses and drafting stipulations, settlement agreements and objections to proofs of claim. JOHN J. KELLY, Associate, Corporate. Admitted to Bar, 2006, New York, 2007, Illinois. Education: University of Wisconsin Madison (B.S., 2002); University of Minnesota Law School (J.D., 2005) magna cum laude. Mr. Kelly is an associate in K&Es corporate department in Chicago. Mr. Kellys experience includes private placements, public offerings of securities and mergers and acquisitions. VLADIMIR KHODOSH, Associate, Intellectual Property. Admitted to Bar, 2002, Illinois, 2005, Registered to practice before the United States Patent and Trademark Office. Education: University of Illinois at Urbana Champaign (B.A., 1998); University of Illinois College of Law (J.D., 2001). Mr. Khodosh is an associate in K&Es intellectual property department in Chicago. Mr. Khodoshs practice focuses on technology transactions. Mr. Khodosh has handled a variety of software licensing, software development and business outsourcing deals. Mr. Khodosh is a registered patent attorney who counsels clients on protecting patent, copyright and trade secret aspects of business method, software and internet-based intellectual property assets.
GREGG KIRCHHOEFER, Partner, Intellectual Property. Admitted to Bar, 1982, Illinois. Education: Saint Louis University School of Commerce and Finance (B.S.C., 1972); Saint Louis University School of Law (J.D., 1982) cum laude. Building on work experience in the computer industry, Mr. Kirchhoefers practice is focused on transactional and counseling matters primarily involving computer, telecommunications, biotechnology, other technology and intellectual property, corporate and commercial issues. Mr. Kirchhoefer is responsible for the Firms intellectual property/technology transactions practice group in Chicago. Transaction and counseling matters for which Mr. Kirchhoefer has been responsible include: outsourcing (business process, information technology, applications processing and ASP) and facilities management agreements; telecommunications agreements (including tariffed and nontariffed voice, data, video and network management services); Internet, e-commerce and EDI agreements; strategic alliance, joint venture, consortium and teaming agreements; system development, software licensing and other computer-related agreements of all types; biotechnology, biogenetics, pharmaceutical and medical device agreements; technology transfer, research and development and licensing agreements; entertainment, publishing and new media agreements; bankruptcy-remote and tax-driven intellectual property holding entity mechanisms; intellectual asset-management programs; protection of technology, software and databases; and product development, manufacturing, franchising and distribution arrangements, all across a broad spectrum of businesses, technologies and intellectual property rights. In addition, Mr. Kirchhoefer works closely with the Firms corporate, venture capital/private equity and tax attorneys on mergers, acquisitions, leveraged buyouts and venture capital/private equity transactions and securities offerings. ARUN G. KRISHNAN, Associate, Corporate. Admitted to Bar, 2005, Pennsylvania. Education: Case Western Reserve University (B.S., Management; B.A., Chemistry, 2000); George Washington University Law School (J.D., 2005). Mr. Krishnan is an associate in K&Es corporate department in Chicago. CARL D. LESUEUR, Associate, Litigation. Admitted to Bar, 2005, California, 2005, New York. Education: Brigham Young University (B.A., Political Science, 2000); University of Chicago Law School (J.D., 2004). Mr. LeSueur is an associate in K&Es litigation practice in New York. In addition to representing clients in copyrights, trademark, bankruptcy and contract disputes, Mr. LeSueur has assisted clients in defense of fraud actions and assisted in conducting internal investigations. He has experience in all aspects of civil litigation, including discovery, settlement, trial and appeal.
MICAH E. MARCUS, Associate, Restructuring. Admitted to Bar, 1999, Illinois. Education: University of Arizona (B.A., 1995); DePaul University College of Law (J.D., 1999) with honors, Order of the Coif. Mr. Marcuss practice focuses on representing large corporate debtors in all aspects of corporate restructuring, including representations of clients interests in chapter 11 proceedings. On the transactional side, Mr. Marcus has a broad range of experience, including advising clients on daily operational issues relating to business operations under chapter 11 of the Bankruptcy Code, auctioning and negotiating the sale of estate assets, negotiations of contracts and settlement agreements with clients creditors and business partners, structuring out-of-court work-outs and drafting and implementing chapter 11 plans of reorganization. On the litigation side, in addition to years of experience in general commercial litigation, collection actions (in and out of chapter 7 proceedings) and representation of chapter 7 trustees, Mr. Marcus has experience in a broad array of contested matters, including claims resolutions, preference actions, contested confirmation hearings, actions to enjoin actions against corporate clients officers and directors, contested claims estimation proceedings and post-confirmation actions to enforce client discharges issued pursuant to confirmed chapter 11 plans. DARYLL V. MARSHALL, Partner, Corporate. Admitted to Bar, 1999, Illinois. Education: Temple University (B.B.A., 1996); Boston University School of Law (J.D. 1999). Mr. Marshall is a partner in K&Es corporate department in Chicago. Mr. Marshalls practice focuses primarily on representation of public and private company clients in structuring, documenting, negotiating and closing credit facilities, including secured and unsecured transactions, senior, second lien, subordinated transactions and mezzanine finance. Mr. Marshalls experience includes the representation of public and private company clients and private equity sponsors in connection with leveraged acquisitions, syndicated loan facilities, recapitalizations, workouts and restructurings, including, debtor-in-possession and exit financing. Mr. Marshall has represented the borrower or the equity sponsor in senior financings across such diverse industries as automotive manufacturing, chemical producers, clothing and branded apparel companies, software companies, energy conservation companies and others. ELISABETH M. MARTIN, Associate, Corporate. Admitted to Bar, 2002, Illinois, 2003, Illinois. Education: Harvard College (A.B., 1996); Columbia Law School (J.D., 2001). Ms. Martin is an associate in K&Es corporate department in Chicago. Ms. Martins practice focuses primarily on securities offerings and general securities law counseling. Ms. Martins experience includes initial public offerings, secondary equity offerings, high yield debt offerings, investment grade debt offerings, convertible securities offerings and other capital markets transactions.
ANDREW P.R. McDERMOTT, Associate, Restructuring. Admitted to Bar, 2003, Illinois. Education: University of Minnesota-Twin Cities (B.A., 1998); Northwestern University School of Law (J.D., 2003). Mr. McDermott is an associate in K&Es restructuring group in Chicago. He has a broad practice representing clients in all aspects of the debtor-creditor relationship ranging from chapter 11 reorganization and out of court restructurings to creditor and equity committees and representation of individual creditors. Mr. McDermott has represented clients in numerous litigation matters, including the successful negotiation and litigation of sizeable claims against bankruptcy estates, prosecution of hundreds of avoidance actions and defense of avoidance actions. On the transactional side, Mr. McDermott has advised debtors in out of court restructurings, provided finance and accounting support to a chapter 11 debtor, prepared liquidation and feasibility analyses for plan confirmation, and advised utility companies and municipalities regarding environmental remediation in bankruptcy. MAUREEN OBRIEN, Partner, Employee Benefits. Admitted to Bar, 1998, Illinois. Education: University of California, Los Angeles (B.A., 1995) IIT/Chicago-Kent College of Law (J.D., 1998) Order of Coif, High Honors, Recipient of Webster Burke Scholarship, 1995-98, Graduated with a Certificate in Labor and Employment Law. Ms. OBrien focuses her practice on employee benefits law. Most recently Ms. OBrien was mentioned in the article Big Suits: UAL Bankruptcy for her role in UAL Corporations bankruptcy filing. Prior to joining K&E, Ms. OBrien was with the Office of General Counsel for the Social Security Administration. Ms. OBrien litigated disability matters before federal district courts and Courts of Appeal for the 6th and 7th circuits, including oral argument before the Court of Appeals for the 7th Circuit. ADAM PAUL, Partner, Restructuring. Admitted to Bar, 1997, Virginia, 1998, Maryland, 1999, District of Columbia, 2005, Illinois. Education: James Madison University (B.A., 1994) cum laude; Catholic University of America (J.D., 1997) cum laude. Mr. Paul is a partner in the restructuring and litigation practice groups. In his restructuring practice, Mr. Paul represents both debtor and creditor clients in complex chapter 11 reorganization; advises purchasers and sellers in bankruptcy transactions and acquisitions; counsels boards of directors and senior officers regarding fiduciary duties and restructuring strategies; and advises financially troubled companies regarding the structure of various commercial transactions outside of bankruptcy.
In addition to his general restructuring work, Mr. Paul has significant experience in bankruptcies involving mass tort and legacy liabilities and has been involved in some of the largest asbestos bankruptcy cases in the nation, including serving as debtors counsel to Kellogg Brown & Root, Inc. and other subsidiaries of Halliburton Company; Babcock & Wilcox Company; and W.R. Grace & Co. Mr. Paul also serves as counsel to ABB Holdings Inc. in the chapter 11 proceedings of subsidiary Combustion Engineering, Inc. Mr. Paul has litigated cases in trial and appellate courts throughout the country. In Mr. Pauls litigation practice, he has served as primary counsel in cases involving issues related to labor and employment, mortgage banking and secured finance, fraud, complex securities transactions and general contract law. RAY C. SCHROCK, Partner, Restructuring. Admitted to Bar, 1998, Illinois. Education: Western Michigan University (B.B.A., 1994); IIT/Chicago-Kent College of Law (J.D., 1998). Mr. Schrock has extensive experience in complex corporate restructurings, representing debtors and creditors in all aspects of insolvency practice. He has represented debtors, secured and unsecured creditors, lenders, creditors committees, and other interested parties in in-court and out-of-court restructurings and other insolvency-related situations. Mr. Schrock also has negotiated and documented numerous distressed financing arrangements for borrowers and lenders, including debtor-in-possession credit facilities, secured and unsecured single bank and syndicated credit facilities, as well as bonding and securitization arrangements. JOSEPH SERINO, Jr., Partner, Litigation. Admitted to Bar, 1989, Illinois; 1991, New York. Education: Hamilton College (B.A., 1985); University of Pennsylvania Law School (J.D., 1988). Mr. Serino is a partner in K&Es litigation practice in New York. His practice areas include securities and shareholder litigation, broker-dealer disputes, commercial contracts, trade secrets, bankruptcy disputes and certain employment disputes. He has litigated a wide variety of matters in federal and state trial courts as well as domestic and international arbitrations. BRIAN F. SHAUNGHNESSY, Associate, Litigation. Admitted to Bar, Pending, New York. Education: Harvard University (B.A., American History, 2001) cum laude; Georgetown University Law Center (J.D., 2006). Mr. Shaunghnessy is an associate in K&Es litigation practice in New York. AMI H. SHETH, Associate, Litigation. Admitted to Bar, Pending, New York. Education: Claremont McKenna College (B.A., Philosophy, Politics and Economics; B.A., French, 2002); University of Chicago Law School (J.D., 2006).
Ms. Sheth is an associate in K&Es litigation practice in New York. Ms. Sheths practice focuses on general commercial law with a concentration in complex business litigation, internal corporate investigations and litigation arising out of pending restructuring matters. She also has experience in corporate record compliance matters. JOSHUA B. SIMON, Associate, Litigation. Admitted to Bar, 2003, New York. Education: Princeton University (A.B., 1998) cum laude; Harvard Law School (J.D., 2001) cum laude. Mr. Simon is an associate in K&Es litigation practice in New York. Mr. Simon has extensive experience in all aspects of litigation, including trial, written and oral motion practice, depositions, written discovery and settlement negotiations. Mr. Simons cases involve a broad range of matters, including securities litigation, general commercial litigation, bankruptcy litigation and patent litigation. MATTHEW O. SOLUM, Partner, Litigation. Admitted to Bar, 2000, New York. Education: University of California, Berkeley (B.S., 1996); Columbia Law School (J.D., 1999) with honors. Mr. Solum is a partner is K&Es litigation practice in New York. He has experience in a number of practice areas, including antitrust, appellate, contract, commercial, securities and trade secrets. He has litigated in state and federal courts in a number of jurisdictions. In addition, he has represented clients in arbitrations before the AAA and the NASD on a variety of matters and has experience under the AAAs Commercial and International rules. R. TIMOTHY STEPHENSON, Partner, Labor. Admitted to Bar, 1990. Oklahoma, 1990, Maryland, 1992, District of Columbia. Education: University of Oklahoma (B.A., 1979); Georgetown University Law Center (J.D., 1990) magna cum laude, Order of the Coif. Mr. Stephenson is a partner in K&Es labor group in Washington, D.C. Mr. Stephenson concentrates his practice in the area of labor and employment counseling and litigation, business immigration and transactional due diligence. Mr. Stephenson has handled a variety of National Labor Relations Board proceedings including unfair labor practice and representation investigations and hearings; employment termination and discrimination claims in state and federal court; and all forms of labor and employment counseling. Mr. Stephenson recently coauthored the article, Unionization of Temporary Workers. GREGORY C. VOGELSPERGER, Partner, Corporate. Admitted to Bar, 2000, New York, 2003, Illinois. Education: College of the Holy Cross (B.A., 1992); University of Chicago Law School (J.D., 1999). Mr. Vogelsperger is a partner in K&Es corporate department in Chicago. Mr. Vogelsperger is engaged in a broad-based transactional, corporate and securities practice. Mr. Vogelsperger representative transactions include securities offerings, acquisitions, dispositions, mergers, spinoffs and material commercial agreements.
PAUL WIERBICKI, Associate, Restructuring. Admitted to Bar, 2005, Illinois. Education: Vanderbilt University (B.A., Economics and Political Science, 2002) summa cum laude; NYU Stern School of Business (Advance Business Certificate, 2005); New York University School of Law (J.D., 2005). Paul Wierbicki is an associate in K&Es restructuring group in Chicago. Mr. Wierbickis practice focuses on representing corporate debtors in all aspects of corporate restructuring, including representations of clients interests in chapter 11 proceedings. Mr. Wierbicki has a range of experience, including advising clients on operational issues relating to business operations under chapter 11 of the Bankruptcy Code, negotiating contracts and settlement agreements with clients creditors and business partners and drafting and implementing chapter 11 plans of reorganization. GUOHUA WU, Associate-of Counsel, Corporate. Admitted to Bar, 1995, China, 2002, New York, 2003, Illinois. Education: JiLin University (B.S., 1992); Law School of JiLin University (J.D. equivalent, 1992); Cornell law School (J.D., 2001). Ms. Wu is an associate-of counsel in K&Es corporate department in Chicago. Ms. Wus practice focuses on representing private equity and venture capital sponsors, multinational corporations and financial institutions in all aspects of complex business transactions, including leveraged buyouts, strategic mergers, acquisitions and joint ventures, venture capital investments, executive compensation, debt financings and corporate restructurings. Ms. Wu has significant experience in China-related private equity, fund formation and mergers and acquisitions transactions. SCOTT R. ZEMNICK, Associate, Restructuring. Admitted to Bar, 2001, Illinois. Education: University of Michigan (B.A., 1998); IIT/Chicago-Kent College of Law (J.D., 2001). Mr. Zemnick has a broad range of experience in representing large, corporate debtors in all aspects of their chapter 11 cases, including advising clients on the impact of a chapter 11 filing on business operations, drafting debtor-in-possession financing pleadings, drafting pleadings in connection with section 363 asset sales, drafting and implementing plans of reorganization and accompanying disclosure statements, prosecuting and negotiating preference actions and claim objections, and enforcing the automatic stay. Mr. Zemnick has also represented unsecured creditors in connection with preference actions and automatic stay and executory contract matters. PAUL D. ZIER, Partner, Corporate. Admitted to Bar, 1996, Colorado (Inactive), 2000, Illinois. Education: University of Montana (B.S., 1991); University of Denver College of Law (J.D., 1995) Order of St. Ives Denver University Law Review Staff Member; New York University (LL.M. Taxation, 1996). Mr. Zier is a partner in K&Es corporate department in Chicago. Mr. Ziers practice focuses primarily on securities offerings and mergers and acquisitions for public company clients. Mr.
Ziers experience includes private placements and public offerings of securities, general securities law counseling, negotiated mergers, tender and exchange offers and acquisitions and divestitures of subsidiaries and divisions of public companies.
10
EXHIBIT E-1 Summary of Disbursements For the Period January 1, 2007 through January 31, 2007 Disbursements Copying and Binding Fax Charges Filing, Calendar and Court Reporter Fees Local Transportation Meals Postage and Messenger Service Research and Document Procurement Telephone Travel and Airfare Total Amount $8,185.52 $2.50 $775.00 $180.00 $370.00 $1,066.90 $6,725.77 $1,482.77 $10,352.43 $29,140.89
EXHIBIT E-2 Summary of Disbursements For the Period February 1, 2007 through February 28, 2007 Disbursements Copying and Binding Filing, Calendar and Court Reporter Fees Local Transportation Meals Postage and Messenger Service Research and Document Procurement Telephone Travel and Airfare Trial, Office and Rental Expenses Total Amount $18,048.90 $1,000.00 $240.00 $48.00 $308.58 $958.70 $179.19 $9,343.51 $1,765.86 $31,892.74
EXHIBIT E-3 Summary of Disbursements For the Period March 1, 2007 through March 31, 2007 Disbursements Copying and Binding Filing, Calendar and Court Reporter Fees Local Transportation Meals Postage and Messenger Service Research and Document Procurement Telephone Travel and Airfare Total Amount $12,839.69 $6,518.25 $569.00 $300.00 $1,424.83 $7,516.00 $1,922.44 $12,965.27 $44,055.48
EXHIBIT E-4 Summary of Disbursements For the Period April 1, 2007 through April 30, 2007 Disbursements Copying and Binding Filing, Calendar and Court Reporter Fees Local Transportation Meals Postage and Messenger Service Research and Document Procurement Telephone Travel and Airfare Trial, Office and Rental Expenses Total Amount $15,979.18 $5,395.59 $354.00 $300.00 $500.86 $11,649.43 $1,125.71 $27,316.37 $621.00 $63,242.14

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION,

(the Interim Compensation Order). respectfully states as follows:

In support of this Sixth Interim Fee Application, K&E

attorneys billing fees during a chapter 11 case.

Counsel for the Debtors

Dated: June 15, 2007

Served via Electronic Mail

Kathleen Maxwell Bruce Tobiansky

Stuart A Gold & Donna J Lehl

Served via Electronic Mail

CREDITOR NOTICE NAME

Core Group Served via First Class Mail

CREDITOR NOTICE NAME Rob Morgan

PO Box 190 PO Box 1717

Core Group Served via First Class Mail

CREDITOR NOTICE NAME co Highwoods Properties Llc co Rudolph libbe Properties

of the City of Montgomery

Core Group Served via First Class Mail

PO Box 30744 PO Box 2228

Farmville Downtown Partnership

PO Box 100 PO Box 100

co Lincoln Harris Llc Joseph T Deters Maurice S Evans City Manager

$5,212,053.50 $443.02 $511.78

Total Compensation $5,698.00 $13,832.00 $225.00 $15,884.00 $400.00 $450.00 $672.00

Totals for Paraprofessionals

Totals for Paraprofessionals TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS

Totals for Paraprofessionals TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS

TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS

Totals for Paraprofessionals

TOTALS FOR ATTORNEYS AND PARAPROFESSIONALS

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