United States Bankruptcy Court District of New Jersey

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

Case 23-13359-VFP Doc 1419 Filed 07/20/23 Entered 07/20/23 16:41:10 Desc Main

Document Page 1 of 3
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW JERSEY
Caption in Compliance with D.N.J. LBR 9004-1(b)
Marianna Udem
Brigette McGrath
ASK LLP Order Filed on July 20, 2023
60 East 42nd Street, 46th Floor by Clerk
New York, NY 10165 U.S. Bankruptcy Court
District of New Jersey
Telephone: (212) 267-7342
Facsimile: (212) 918-3427
[email protected]
[email protected]

Proposed Special Counsel for the Official Committee


of Unsecured Creditors 

In re: Chapter 11

BED BATH & BEYOND, INC., et al.,1 Case No. 23-13359 (VFP)

Debtor. (Jointly Administered)

ORDER AUTHORIZING AND APPROVING THE RETENTION OF


ASK LLP AS SPECIAL COUNSEL TO ANALYZE AND PURSUE
AVOIDANCE ACTIONS EFFECTIVE AS OF JUNE 6, 2023

The relief set forth on the following pages, numbered two (2) through and including

three (3), is hereby ORDERED.

DATED: July 20, 2023

1
The last four digits of Debtor Bed Bath & Beyond Inc.’s tax identification number are 0488. A complete list of
the Debtors in these chapter 11 cases and each such Debtor’s tax identification number may be obtained on the
website of the Debtors’ proposed claims and noticing agent at https://restructuring.ra.kroll.com/bbby. The location
of Debtor Bed Bath & Beyond Inc.’s principal place of business and the Debtors’ service address in these chapter
11 cases is 650 Liberty Avenue, Union, New Jersey 07083.

1
DOCS_DE:243462.1 08728/002
Case 23-13359-VFP Doc 1419 Filed 07/20/23 Entered 07/20/23 16:41:10 Desc Main
Document Page 2 of 3

Upon consideration of the Application of the Official Committee of Unsecured Creditors for Order,

Pursuant to 11 U.S.C §§ 328 and 1103, Fed. R. Bankr. P. 2014, and Local Rule 2014-1,

Authorizing and Approving the Employment and Retention of ASK LLP as Special Counsel to

Analyze and Pursue Avoidance Actions, Effective as of June 6, 2023 (the “Application”);2 and

upon consideration of the Declarations of Marianna Udem and the Committee Chair filed in

support of the Application; and the Court having jurisdiction to consider the Application and the

relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334, and the Court having the power to

enter a final order consistent with Article III of the United States Constitution; and this matter

being a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and venue being proper in this District

pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that the relief requested in the

Application is in the best interests of the Debtors’ estates, its creditors and other parties-in-interest;

and the Committee having provided adequate and appropriate notice of the Application under the

circumstances; and after due deliberation and good and sufficient cause appearing therefor; and it

appearing to the Court that the Application should be approved,

IT IS HEREBY ORDERED THAT:

1. The Application is GRANTED as set forth herein.

2. The Committee is hereby authorized to retain and employ ASK as special

counsel to the Committee to analyze and pursue avoidance actions pursuant to sections 328(a) and

1103(a) of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1, effective as of

June 6, 2023.

2
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Application.

2
DOCS_DE:243462.1 08728/002
Case 23-13359-VFP Doc 1419 Filed 07/20/23 Entered 07/20/23 16:41:10 Desc Main
Document Page 3 of 3

3. ASK shall apply for compensation for professional services rendered and

reimbursement of expenses incurred in connection with the Debtors’ Cases in compliance with the

applicable provisions of the Bankruptcy Code, including section 330 of the Bankruptcy Code, the

Bankruptcy Rules, and any applicable procedures and orders of this Court. ASK also intends to

make a reasonable effort to comply with the U.S. Trustee’s request for information and additional

disclosures as set forth in the 2013 UST Guidelines.

4. ASK is authorized to render professional services to the Committee as

described in the Application. ASK shall make reasonable efforts to avoid unnecessary duplication

of services provided by any of the Committee’s other retained professionals in these Cases.

5. ASK shall provide ten (10) business days’ notice to the Debtors and the U.S.

Trustee before any increases in the rates set forth in the Application or Udem Declaration and shall

file such notice with the Court.

6. The Committee and ASK are authorized and empowered to take all actions

necessary to implement the relief granted in this Order.

7. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry.

8. This Court shall retain jurisdiction with respect to all matters arising from

or related to the implementation of this Order.

3
DOCS_DE:243462.1 08728/002
Case 23-13359-VFP Doc 1419-1 Filed 07/20/23 Entered 07/20/23 16:41:10 Desc
Notice of Order Entry Page 1 of 1
Form order − ntcorder

UNITED STATES BANKRUPTCY COURT

District of New Jersey


MLK Jr Federal Building
50 Walnut Street
Newark, NJ 07102

Case No.: 23−13359−VFP


Chapter: 11
Judge: Vincent F. Papalia

In Re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address):
Bed Bath & Beyond Inc.
650 Liberty Avenue
Union, NJ 07083
Social Security No.:

Employer's Tax I.D. No.:


11−2250488

NOTICE OF JUDGMENT OR ORDER


Pursuant to Fed. R. Bankr. P. 9022

Please be advised that on July 20, 2023, the court entered the following judgment or order on the court's
docket in the above−captioned case:

Document Number: 1419 − 1332


Order Granting Application to Employ Ask LLP as Counsel for the Official Committee of Unsecured Creditors
(Related Doc # 1332). Service of notice of the entry of this order pursuant to Rule 9022 was made on the appropriate
parties. See BNC Certificate of Notice. Signed on 7/20/2023. (jf)

Parties may review the order by accessing it through PACER or the court's electronic case filing system
(CM/ECF). Public terminals for viewing are also available at the courthouse in each vicinage.

Dated: July 20, 2023


JAN: jf

Jeanne Naughton
Clerk

You might also like