In re Molycorp, Inc.
In re Molycorp, Inc.
Opinion of the Court
OPINION
INTRODUCTION
The Debtors in this case sought an order confirming their joint Chapter 11 plan of reorganization following an execution of a global settlement agreement among the Debtors, the lender, and the Official Committee of Unsecured Creditors.
JURISDICTION AND VENUE
The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. In addition, this Court expressly retained jurisdiction pursuant to the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals.
STATEMENT OF FACTS
A. Factual and Procedural Background
On June 25, 2015, Molycorp, Inc. and certain of its direct and indirect subsidiaries (collectively, the “Debtors”) filed voluntary petitions under Chapter 11 of the Bankruptcy Code. The cases have been jointly administrated.
Soon after its formation, the Committee launched an investigation into potential claims that could be asserted by the Debtors. The Committee’s investigation spanned over four months and involved extensive discovery process. As a result of its investigation, on December 23, 2015, the Committee filed a motion seeking standing to pursue certain causes of actions against Oaktree and the Debtors’ directors and officers (the “Standing Motion”). On January 14, 2016, the Court entered an order authorizing the Committee to bring litigation on behalf of the Debtors’ estate pursuant to the Standing Motion,
In its Second Interim Fee Application, Paul Hastings seeks approval of fees in the amount of $8,491,064.75 and reimbursement of expenses in the amount of $226,170.96, for the period from September 1, 2015, through March 31, 2016 (the “Second Interim Application”).
Oaktree also maintains that the Second Interim Application conflicts with the DIP Financing Order for another, separate reason. Oaktree argues that, although the DIP Financing Order allows for limited payments out of the Restricted Sources for investigating potential claims, it does not authorize any compensation for the initiation and prosecution of such claims. According to Oaktree, a significant portion of the fees requested by Paul Hastings in the Second Interim Application should be denied because it relates to the initiation and prosecution of claims against Oaktree rather than to the Committee’s investigation. Thus, the argument goes, even if an alternative source of payment could be identified, the payment of such fees must be denied as strictly prohibited under the DIP Financing Order.
Furthermore, Oaktree asserts that not only does the Second Interim Application conflict with the DIP Financing Order, but that it also fails to pass the reasonableness test under section 330(a) of the
Paul Hastings rejects Oaktree objections. Paul Hastings maintains that a carve-out in a DIP order simply provides that a professional gets a right, that he or she otherwise would not had, to use a portion of the secured creditor’s collateral for payment of such professional’s fees. While this may be relevant in an administratively insolvent case, the argument goes, it is irrelevant in a case such as this with a confirmed Chapter 11 plan. In other words, Paul Hastings argues that the dollar-amount cap for using Oaktree’s collateral has no impact whether the requested fees should be allowed, and, to the extent they are allowed, they remain entitled to payment as administrative expense claims if the Debtors wish to have a plan of reorganization confirmed.
DISCUSSION
Although the DIP Financing Order contains many provisions, this case centers on but one. Paragraph 4(b) of the DIP Financing Order provides an exception to the prohibition against the use of the Restricted Sources as follows:
Notwithstanding the foregoing, up to $250,000.00 in the aggregate proceeds of the DIP Loans, the DIP Collateral, the Prepetition Collateral, and the Carve-Out may be used to pay fees and expenses of the professionals retained by the Committee that are incurred in connection with investigating (but not prosecuting any challenge to) the matters covered by the stipulations contained in Paragraphs I and J of this Final Order.30
A. Application of a Cap on Professionals’ Fees in a DIP Financing Order
Payment of professionals’ fees in Chapter 11 cases is a favored object of the Bankruptcy Code, but it is no more favored than protecting the rights of creditors with secured claims. As a general rule, administrative expenses must be satisfied from assets of the estate not subject to liens.
The bankruptcy court’s discretion to permit payment of administrative expenses is restricted by the existence of unencumbered assets that exceed any super-priority claims. While professionals’ fees allowed under sections 330(a) and 331 enjoy a certain preeminence under the Bankruptcy Code, their payment must be consistent with the Code’s overall scheme of priorities.
Indeed, “[i]n every case there is the uncertainty that the estate will have sufficient property to pay administrative expenses in full.”
B. The Effect of a Confirmed Reorganization Plan on Administrative Expenses Payment
The Bankruptcy Code requires that in order to confirm a reorganization plan the court must satisfy itself that the plan meets all the requirements of Chapter ll.
After the votes are received, the debtor can ask the court to approve the reorganization plan. The court must satisfy itself that the plan meets all the requirements of Chapter 11. Many are spelled in § 1129(a). The plan must, for example, pay off administrative expense claims in cash. § 1129(a)(9)(A). This requirement may be burdensome for businesses that lack ready access to capital markets ... [However,] [practices have emerged that make this requirement less rigid than it might first appear. Administrative creditors are free to scale back or modify their claims in a side deal. Them willingness to do so depends on their past and future relationship with the debtor. For example, among the largest administrative claims may be payments owed to the debtor’s counsel, and these are often structured with a schedule over time.51
The practices to which Professor Baird points where those who hold administrative expense claims agree to take another deal, rely on the exception set out in the preamble to section 1129(a)(9); that is, if “the holder of a particular claim had agreed to a different treatment of such claim.”
In resolving this dispute the Court follows a basic cannon of construction providing that “a provision in a [court order] is ambiguous only when, from an objective standpoint, it is reasonably susceptible to at least two different interpretations.”
However, this does not end the matter. Although the Court concludes that the costs incurred by Paul Hastings are not affected by the DIP Financing Order, the
C. Determination of the Committee’s Counsel Compensation
The Bankruptcy Code authorizes the bankruptcy court to award a professional “reasonable compensation for actual, necessary services.”
This statutory obligation must be taken seriously by the courts due to the particularities of bankruptcy procedure. The Third Circuit specifically noted the differences between statutory fee cases and bankruptcy cases. Busy Beaver, 19 F.3d at 842-43. In the former, the adversary system serves to ensure that fee requests are reasonable, whereas in the latter neither the debtor nor the attorneys for the creditors have an incentive in the “club” atmosphere of the bankruptcy bar to raise objections to fee requests ... Thus, it is the bankruptcy court’s obligation to “protect the estate, lest overreaching attorneys or other professionals drain it of wealth which by right should inure to the benefit of unsecured creditors.” Id. at 844.65
In determining the award of compensation, the court considers the nature, the extent, and the value of the professional’s services, taking into account factors such as “whether the services were necessary to the administration of, or beneficial at the time which the service was rendered toward the completion of, a case ... [and] whether the services were performed within a reasonable amount of time commensurate with the complexity, importance, and nature of the problem, issue, or task addressed_”
In this case, the Court believes that a reasonable professional representing the Committee would have performed the services carried out by Paul Hastings.
Given- the size and complexity of the jointly administrated Chapter 11 cases, the Court appointed Direct Fee Review LLC (the “Fee Examiner”) as a fee examiner.
Mindful of the importance of its independent duty to scrutinize fee applications, the Court has reviewed the Second Interim Application submitted by the Committee’s Counsel’s attorneys. For the reasons stated above, the Court holds that the language in the DIP Financing Order leaves no ambiguity with respect to the dollar-amount cap. Thus, under the circumstances of this case, the Court concludes that the costs incurred by Paul Hastings’ services are not affected by the DIP Financing Order, and therefore, to the extent they are allowed as administrative expenses they must be paid by the Debtors pursuant to section 1129(a)(9)(A) of the Bankruptcy Code, Additionally, the Court finds that the Second Interim Application falls within the mandates of sections 330(a) and 331 of the Bankruptcy Code. Thus, the Court overrules Oaktree’s objections and will approve the fees requested through the Second Interim Application in accordance with the Fee Examiner’s Report recommendations.
The Court directs Paul Hastings to submit an order under certification of counsel (upon consultation with Oaktree) consistent with this Opinion approving and directing payment of Paul Hastings’ fees and expenses in the amount of $8,461,396.25 and reimbursement of expenses in the amount of $225,820.83.
. This opinion constitutes the Court’s findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052, which is applicable to this matter by virtue of Fed. R. Bankr. P. 9014.
. D.I. 1302.
. D.I. 1580.
. D.I. 229.
. On April 13, 2016, the Court entered an order amending the joint administration order. Case No. 15—11371, D.I. 8. Certain of the Debtors known colloquially as the “Neo Debtors” reorganized and their cases continue to be jointly administered under Case No. 15-11357. Certain other Debtors known as the "Mineral Debtors” have not been reorganized and are under the control of a Chapter 11 trustee. The Mineral Debtors’ cases are jointly administered under Case No. 15-11371. The bifurcation of joint administration has no effect on the issues before the Court.
. The background is relatively complex, and, except as necessary to frame the issues in this matter, will not be set forth. For a broader description of the Debtors’ attempts to obtain post-petition financing see D.I. 109 ¶¶ 1-8.
. D.I. 109.
. D.I. 130.
. D.I. 278. ■
. On July 8, 2015, the United States Trustee for the District of Delaware appointed the Committee pursuant to section 1102(a) of the Bankruptcy Code, D.I. 152. On July 22, 2015, the United States Trustee submitted an amended notice of appointment of the Committee, D.I. 264.
. At an organizational meeting of creditors held on July 8, 2015, the Committee selected Paul Hastings as its lead counsel, pursuant to section 1103 of the Bankruptcy Code, see D.I. 296, ¶ 4.
. D.I. 369.
. D.I. 1086.
. D.I. 1101; Adv. Proc. No.; 16-50005 (CSS).
. D.I. 849.
. D.I. 1302.
. That is, the "Neo Debtors.” See n. 5, supra.
. On April 5, 2016, and then again in April 8, 2016, the Debtors filed a revised proposed confirmation order consistent with the Court’s ruling on the record at the confirmation hearing and further comments from parties in interest, see D.I. 1556 and 1576 respectively.
. D.I. 1580. Subsequently, on May 2, 2016, the Court approved the Joint Motion of the Debtors and the Committee for Approval of Technical Modifications to the Confirmed Plan, D.I. 1663.
. D.I. 1760. The Second Interim Application requests compensation for services rendered and reimbursement of expenses for the period from October 1, 2015 through March 31, 2016. Additionally, the Second Interim Application includes a request for compensation and reimbursement for the period of September 1, 2015 through September 30, 2015, which had not previously been requested in this case. The Second Interim Application was submitted pursuant to the Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals, D.I. 229.
. Oaktree’s Objection to the Second Interim Application, D.I. 1800. This Objection incorporated by reference Oaktree’s Objection to Paul Hastings Fee Application for the Period from September 1, 2015, through September 30, 2015, and Oaktree’s Objection to Paul Hastings Fee Application for the Period from December 1, 2015, through December 31, 2015. Oaktree has reiterated the same arguments in its other objections to Paul Hastings’ monthly fee applications between September 2015 and February 2016.
. Id. at ¶ 3.
. See Oaktree’s Objection to Paul Hastings Fee Application for the Period from September 1, 2015, through September 30, 2015, ¶¶ 3-4, 25, D.I. 1174.
. See id, at ¶¶ 27-29.
. See id. at ¶33; 11 U.S.C, § 330(a)(1) (2012).
. See Oaktree's Objection to Paul Hastings Fee Application for the Period from December 1, 2015, through December 31, 2015, ¶ 8, D.I. 1686.
. See Oaktree’s Objection to Paul Hastings Fee Application for the Period from September 1, 2015, through September 30, 2015, ¶¶ 30-31, D.I. 1174.
. See Paul Hastings' Omnibus Response to Oaktree's Objection to the Second Interim Application, ¶¶ 7-9] D.I. 1804.
. The Court heard arguments on the Second Interim Application and Oaktree’s Objection on July 26, 2016, and at the conclusion of the hearing took the matter under advisement (the ''Hearing”).
. Paragraph I of the DIP Financing Order contains stipulations and admissions made by the Debtors as to the amount and enforceability of the prepetition Oaktree obligations, and
.Paul Hastings has suggested alternative arguments in support of the Second Interim Application. Specifically, Paul Hastings asserted that it is entitled to the payment of its allowed fees from certain Debtors that were not obligors under the DIP facility. Paul Hastings also argued that the Confirmed Plan and the Settlement Agreement contain mutual releases that, among other things, waive Oak-tree’s right to object to Paul Hastings' fee applications. In light of the Court’s holding that the cap in the DIP Financing Order was not intended to come into play following a confirmation of a reorganization plan, the Court finds it unnecessary to consider Paul Hastings' alternative arguments.
. In re American Resources Management Corp., 51 B.R. 713, 719 (Bankr. D. Utah 1985).
. Id.; see also Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555, 55 S.Ct. 854, 79 L.Ed. 1593 (1935). '
. In re American Resources, 51 B.R. at 719.
. 11 U.S.C. §§ 503(b)(2), 507(a)(2) and 507(b) (2012); see also In re Roamer Linen Supply, Inc., 30 B.R. 932, 935 (1983) ("[a]n attorney who is authorized by the court to represent a debtor in a case under the Bankruptcy Code is not a creditor of the estate; such attorney’s compensation is governed by the standards expressed in § 330(a)’’).
. In re American Resources, 51 B.R. at 719; see also In re Roamer Linen Supply (discussing, inter alia, the possibility of subordinating part of the secured creditor’s collateral to specific costs and administrative expenses incurred during efforts to enhance or protect the secured position, and the possibility of subordinating the secured creditor’s collateral under the equitable subordination doctrine).
. 124 Cong. Rec, H32395 (daily ed. Sep. 28, 1978) (statement of Rep. Edwards).
. In re American Resources, 51 B.R. at 721.
. As a practical matter, the secured creditor usually agrees to the carve-out because otherwise nobody will represent the debtor or the committee and the case will fall apart, further diminishing the overall value of the secured creditor’s collateral; see 3 Collier on Bankruptcy, ¶ 331.02[5][b] (Alan N. Resnick & Henry J. Sommer eds., 16th ed. 2016) (”[n]at-urally, if the secured creditor does not consent and cash collateral will not be available to pay professional fees in a chapter 11 case, the case will not long survive in chapter 11 and will either be dismissed or converted to chapter 7”).
. In re American Resources, 5Í B.R. at 722.
. In re Flagstaff Foodservice Corp., 762 F.2d 10, 12 (2d Cir. 1985).
. See Transcript of Hearing (July 26, 2016) (“Hr’gTr.”) 10:9-12; 10:25, 11:1-3. Counsel for Oaktree argued during the Hearing that if Paul Hastings knew that the dollar-amount cap was not going to come into play in case a plan is confirmed, then Paul Hastings had have no incentive to limit what it spends, see Hr’g Tr. 56:1-5. As mentioned above, this view completely disregards the risk undertaken by Paul Hastings that no plan would be confirmed and that the estate would become insolvent.
. See Oaktree's Sur-Reply to the Omnibus Response of Paul Hastings, ¶¶ 14 and 16, D.I. 1848.
. Section 4(b) of DIP Financing Order distinguishes between the Committee's investigation and the prosecution of certain claims. This distinction simply makes it clear that the right being given to the Committee to proceed against Oaktree’s collateral does not apply to the initiation and prosecution of claims.
. 11U.S.C. § 1129(a) (2012).
. See In re Heehinger Inv. Co. of Delaware, 298 F.3d 219, 224 (3d Cir. 2002) (“[i]n a Chapter 11 case, a court cannot confirm a distribution plan unless the plan provides full cash payment of all § 503(b) administrative expense claims or the claim holder agrees to different treatment”); In re American Home Mortg. Holdings, Inc., 411 B.R. .169, 175 (Bankr. D. Del. 2008) ("section [1129(a)(9)(A)] requires Chapter 11 plan proponents to demonstrate that the holders of administrative expense claims will be cashed out on the effective date of the plan or that the claims will be otherwise resolved on terms acceptable to the holder of the claim”).
. See, e.g., In re Aleris Intern, Inc., No. 09-10478, 2010 WL 3492664, at *25 (Bankr. D. Del. May 13, 2010).
. In re Scott Cable Communications, Inc., 227 B.R. 596, 600 (Bankr. D. Conn. 1998); see also Pan Am Corp. v. Delta Air Lines, Inc., 175 B.R. 438, 508 (S.D.N.Y. 1994) (referring to section 1129(a)(9)(A) as the "administrative solvency” requirement, which is "the ability of the [debtor's] estate to satisfy administrative claims at the confirmation hearing”),
. In re Emons Industries, Inc., 76 B.R. 59, 60 (Bankr. S.D.N.Y. 1987).
. In re Teligent, Inc., 282 B.R. 765, 772 (Bankr. S.D.N.Y. 2002).
. Douglas G. Baird, Elements .of Bankmptcy 240-241 (6th ed. 2014); similarly, Paul Hastings' counsel also suggested that in most cases disputes over professionals’ fees get resolved by the parties through a consensual resolution or through an agreement on a quantum of value that will be distributed to unsecured creditors, which include payment for professionals' fees, see Hr’g Tr, 51:19-25; 52:11-20.
. See also 7 Collier on Bankruptcy, ¶ 1129.02[9][a] (Alan N. Resnick & Henry J. Sommer eds., 16th ed. 2016).
. See In re TCI 2 Holdings, LLC, 428 B.R. 117, 173 (Bankr. D.N.J. 2010),
. For example, courts are divided with regard to the term "agreed:” whether this requires a creditor expressly or affirmatively consent to a different treatment, or whether consent may be implied from the creditor’s conduct. Compare In re Teligent, Inc. (The court approved a novel approach to securing the agreement of some administrative claimants. Through combination of offering a convenience class, and through implementing a well-staffed campaign to induce creditors to return ballots electing to take less than they were owed (since the debtor was administra
. See Paul Hastings’ Omnibus Response to Oaktree's Objection to the Second Interim Application, ¶¶ 11, 63-64, D.I. 1804.
. United States v. State of New Jersey, 194 F.3d 426, 430 (3d Cir. 1999); see also In re Barnes Bay Development Ltd., 478 B.R. 185, 191 (D. Del. 2012); McDowell v. Philadelphia Housing Authority, 423 F.3d 233, 238 (3d Cir. 2005).
. United States v. State of New Jersey, 194 F.3d at 430 (citing In re Unisys Corp., 97 F.3d 710, 715 (3d Cir. 1996)).
.As an example, Paul Hasting attached to its response a DIP order entered in In re Granite Broadcasting Corp. (ALG) (Bankr. S.D.N.Y. Jan. 5, 2007). In that case, the DIP order stated that: "[n]otwithstanding anything to the contrary therein, and absent further Order of the Court, (i) in no event during the course of the Chapter 11 Cases will actual payments in respect of the aggregate fees and expenses of all professional persons retained pursuant to an Order of the Court by the Creditor’s Committee exceed $450,000 in the aggregate (the 'Creditors' Committee Expense Cap’) ... (iii) any and all claims (A) incurred by the Creditor’s Committee in excess of the Creditor's Committee Expense Cap or (B) incurred by any professional persons or any party on account of professional fees and expenses that exceed the applicable amounts set forth in the Budget shall not constitute an allowed administrative expense claim for purposes of section 1129(a)(9)(A) of the Bankruptcy Code.” The DIP order in that case further stated that: "[ejxcept with respect to the Creditor's Committee Investigation Fund, any claim incurred in connection with any of the activities described in this paragraph 23 shall not constitute an allowed administrative expense claim for purpose of section 1129(a)(9)(A) of the Bankruptcy Code", see Paul Hastings’ Omnibus Response to Oak-tree’s Objection to the Second Interim Application, ¶ 64 n.65 and Ex. E, ¶¶ 12(b) and 23, D.I. 1804. This Court offers no opinion as to
. See In re Barnes Bay Development Ltd., 478 B.R. at 189.
. Confirmed Plan Debtors' Fourth Amended Joint Plan of Reorganization (as modified), Article II.A.l., D.I. 1663-1; see also paragraph S. of the Confirmed Plan that incorporates section 1129(a)(9) of the Bankruptcy Code, D.I. 1580.
. Confirmed Plan Debtors’ Fourth Amended Joint Plan of Reorganization (as modified), Article II.A.5.b., D.I. 1663-1; the "Creditors' Committee Legal Fee Cap Matters” is defined under the Confirmed Plan Debtors’ Fourth Amended Joint Plan of Reorganization (as modified) as "any amounts incurred on and after the Committee Settlement Effective Date with respect to the matters set forth in section 1.5. of the Committee Settlement Agreement,” Article I.A.62.; see also paragraph NN.M.70. of the Confirmed Plan, D.I. 1580; Paul Hastings noted that it created a new matter number to ensure accurate time keeping for those limited matters covered by the Creditors’ Committee Legal Fee Cap, see Paul Hastings’ Omnibus Response to Oaktree’s Objection to the Second Interim Application, ¶ 66 n.68.
.Because the Court holds that the DIP Financing Order lacks language that can be interpreted as an absolute cap on the allowance of administrative claims, the Court does not reach the question whether a per se disal-lowance of administrative claims provision in a DIP order such as that in the Granite Broadcasting order satisfies the consent requirement under section 1129(a)(9) of the Bankruptcy Code. See n. 58, supra.
.11 U.S.C. § 330(a)(1) (2012) permits the bankruptcy court to award such compensation to professional persons employed under section 327 or 1103 of the Bankruptcy Code; 11 U.S.C. § 331 (2012) allows the bankruptcy court to award a professional an interim compensation or reimbursement of expenses; see also In re Busy Building Centers, Inc., 19 F.3d 833, 841 (3d Cir. 1994) (there the Third Circuit held that section 330 of Bankruptcy Code, "imbues the [bankruptcy] court with discretionary authority,” and that the bankruptcy court possesses both the power and the duty to review fee applications; Zolfo, Cooper & Co. v. Sunbeam-Oster Co., Inc., 50 F.3d 253, 258 (3d Cir. 1995).
. See In re Busy Building Centers, 19 F.3d at 841; In re Cal Dive International, Inc., No. 15-10458, 2015 WL 9487852, at *2 (Bankr. D. Del. Dec. 28, 2015); In re Channel Master Holdings, Inc., 309 B.R. 855, 861 (2004).
. In re APW Enclosure Sys., Inc., No. 06-11378, 2007 WL 3112414, at ⅜2 (Bankr. D. Del. Oct. 23, 2007).
. 11 U.S.C § 330(a)(3) (2012).
. 11 U.S.C. § 330(a)(4)(A)(ii); see also In re Cal Dive International, Inc., 2015 WL 9487852, at *2.
. In re Channel Master Holdings, Inc., 309 B.R. at 861.
. See In re Armstrong World Industries, Inc., 366 B.R. 278, 281 (2007) (citing In re Busy Building Centers, 19 F.3d at 843); 11 U.S.C. § 105(a) (2012) (giving the bankruptcy court power to issue "any process” to carry out its duty); Del. Bankr, L.R. 2016—2(j) ("[t]he Court may, in its discretion or on motion of any party, appoint a fee examiner to review fee applications and make recommendations for approval”).
. See, e.g., Zolfo, Cooper & Co, v. Sunbeam-Oster Co., Inc., 50 F,3d 253, 260 (3d Cir, 1995); In re Cal Dive International, Inc., 2015 WL 9487852, at *2; In re Channel Master Holdings, Inc., 309 B.R. at 861.
. See In re APW Enclosure Sys., Inc., No. 06-11378, 2007 WL 3112414, at *3 ("[a]t least one court has held that the applicant must show that an actual benefit was provided ... A majority of courts, however, have held that services are compensable if at the time the services were performed a benefit to the estate was likely”).
. See In re 14605, Inc., No. 05-11910, 2007 WL 2745709, at *4 (Bankr. D. Del. Sept. 19, 2007) (approving the official unsecured creditors committee’s professionals’ fees based on further finding that the "investigation resulted in a tangible benefit to the unsecured creditors by facilitating a consensual Plan which provided a substantial recovery for unsecured creditors guaranteed in large part by [the lender]”).
. The Confirmation Order, ¶ II, D.I. 1580.
. D.I. 508.
. D.I. 1813.
. The Fee Examiner requested Paul Hastings to review what the Fee Examiner preliminary believed to be certain shortcoming (including miscalculations, duplications, inappropriate or unreasonable charges). Paul Hastings responded to the Fee Examiner’s concerns; in some matters Paul Hastings agreed to modify the charges and in other matters the Fee Examiner accepted Paul Hastings' explanations.
. While this matter was under advisement, Paul Hastings submitted the Third Interim and Final Fee Application of Paul Hastings LLP as Counsel to the Official Committee of Unsecured Creditors for Period from July 8, 2015 through and Including August 31, 2016 [D.I. 1984] (the "Final Fee Application”). Oaktree raised the same objections to the Final Fee Application as it did to the Second Interim Application. On December 28, 2016, the Court entered an Order approving the Final Fee Application, excluding any fees and expenses subject to the pending objections to the Second Interim Application. For the reasons set forth herein, the Court will overrule Oaktree's remaining objection to the Final Fee Application, will approve Paul Hastings’ fees and expenses thereunder and will direct payment of any outstanding fee and expenses under the Final Fee Application. The order submitted trader certification of counsel should also address the Final Fee Application.
Reference
- Full Case Name
- IN RE: MOLYCORP, INC., Reorganized Debtor
- Cited By
- 3 cases
- Status
- Published