Attached files
file | filename |
---|---|
8-K - FORM 8-K - CAPITAL CORP OF THE WEST | f54719e8vk.htm |
EX-99.1 - EX-99.1 - CAPITAL CORP OF THE WEST | f54719exv99w1.htm |
Exhibit 99.2
STEVEN H. FELDERSTEIN, State Bar No. 056978
PAUL J. PASCUZZI, State Bar No. 148810
FELDERSTEIN FITZGERALD
WILLOUGHBY & PASCUZZI LLP
400 Capitol Mall, Suite 1450
Sacramento, CA 95814
Telephone: (916) 329-7400
Facsimile: (916) 329-7435
sfelderstein@ffwplaw.com
ppascuzzi@ffwplaw.com
PAUL J. PASCUZZI, State Bar No. 148810
FELDERSTEIN FITZGERALD
WILLOUGHBY & PASCUZZI LLP
400 Capitol Mall, Suite 1450
Sacramento, CA 95814
Telephone: (916) 329-7400
Facsimile: (916) 329-7435
sfelderstein@ffwplaw.com
ppascuzzi@ffwplaw.com
Attorneys for Capital Corp. of the West, Debtor in Possession
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
In re: | CASE NO. 09-14298 | |||
CAPITAL CORP OF THE WEST, | DCN: FWP-13 | |||
Debtor-In-Possession.
|
Date: January 14, 2010 | |||
Time: 9:00 a.m. | ||||
Dept.: B |
ORDER AUTHORIZING EMPLOYMENT OF DAVID
A. HEABERLIN AS PLAN ADMINISTRATOR
A. HEABERLIN AS PLAN ADMINISTRATOR
At the continued hearing on January 14, 2010, at 9:00 a.m., the Court heard the motion of
Capital Corp of the West (the Debtor), for an order authorizing the employment of David A.
Heaberlin as the Plan Administrator under the Second Amended Plan of Liquidation, as supplemented
and amended (the Motion). All appearances, if any, were noted on the record. The Court, having
considered the Motion and having issued its final ruling on the Motion, finding that notice was
sufficient and good cause appearing,
IT IS HEREBY ORDERED as follows:
1. The Motion is granted;
2. The Debtor is authorized to employ David A. Heaberlin as the Plan Administrator under its
Second Amended Plan of Liquidation (the Plan);
3. The employment shall be effective as of the Effective Date of the Plan, as defined in the
Order Confirming the Plan;
4. Compensation of the Plan Administrator shall be as set forth in the Supplement to
ORDER AUTHORIZING EMPLOYMENT
OF PLAN ADMINISTRATOR
OF PLAN ADMINISTRATOR
-1-
Motion for Authority to Employ David A. Heaberlin as Plan Administrator filed January 7, 2010;
5. Pursuant to section 6.4 of the Plan, upon Court approval of the Plan Administrator and the
Effective Date of the Plan, the current Board of Directors of the Debtor shall be deemed disbanded
and the Plan Administrator shall act as the sole member of the Post-Confirmation Debtors Board of
Directors; and
6. The Plan Administrator shall not handle any matters for which he or she, or any member of
his or her family, may have any actual or potential conflict of interest, or any personal or
financial interest. The Plan Administrator shall have an affirmative duty to report and make an
immediate and full written disclosure of said issues to the Creditors Committee. Any breach of
this provision shall be grounds for immediate termination of the Plan Administrators duties and
review and/or modification of the Plan Administrators compensation, including but not limited to
disgorgement of compensation already paid. The Plan Administrator shall be subject to the same
ethical and disclosure duties and rules which govern the employment of professionals under the
Bankruptcy Code.
Dated: January 20, 2010
W. Richard Lee | ||||
United States Bankruptcy Judge | ||||
ORDER AUTHORIZING EMPLOYMENT
OF PLAN ADMINISTRATOR
OF PLAN ADMINISTRATOR
-2-