UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ______________________________ In re: : : : : : : : Debtor(s) : : Chapter 11 Case No. APPLICATION FOR AN ORDER AUTHORIZING TO ACT AS THE OFFICIAL CLAIMS AGENT FOR THE MAINTENANCE AND RECORDATION OF CLAIMS The application of ______________________________________________________________ debtor(s) or debtor(s)-in-possession (collectively, the “Debtors”) respectfully represent as follows: BACKGROUND 1. On , 200 , (the “Petition Date”) the debtors filed separate voluntary petitions under Chapter 11, Title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the Bankruptcy Code). The debtors continue to operate their businesses and manage their properties as debtors-in-possession, pursuant to §§ 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed. 2. Pursuant to a separate application filed on the petition date, the court authorized joint administration of the debtors’ estates, as provided for in Rule 1015(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). American LegalNet, Inc. www.USCourtForms.com 3. The debtors are engaged in (type of business)___________________________________ The debtors currently employ people at all of their locations. RELIEF REQUESTED 4. This application is made pursuant to 28 U.S.C. § 156(c) for an order appointing to act as official claims agent of the Clerk of Bankruptcy Court (the “Official Claims Agent”) in order to assume full responsibility for the distribution of notices and proofs of claim, and maintenance, processing and docketing of proofs of claim filed in the debtors’ chapter 11 cases. The debtors’ selection of _______________________________ to act as the Official Claims Agent has satisfied the Court’s protocol for the retention of ________________________, where the debtors have obtained and reviewed engagement proposals from other court-approved claims agents to ensure selection through a competitive process. Moreover, the debtors submit, based on all engagement proposals obtained and reviewed, that ____________________ ________ would provide the most cost effective and efficient service as a claims agent for these chapter 11 cases. 5. Although the debtors have not yet filed their scheduled of assets and liabilities, they anticipate that there will be in excess of entities to be noticed. In view of the number of anticipated claimants and the complexity of the debtors’ business, the debtors submit that the appointment of an outside claims agent is both necessary and in the best interests of both the debtors’ estates and their creditors. American LegalNet, Inc. www.USCourtForms.com 6. The official claims agent shall maintain a post office box for the purpose of receiving claims. A messenger service, provided by the official claims agent, will deliver said claims to the clerk’s office, and will cause a date-stamp and pre-numbered Mylar label to be affixed, and will have the claims imaged. 7. has acted as the official claims agent in numerous cases of comparable size, including several cases which are currently pending in the United States Bankruptcy Court for the Southern District of New York. 8. By appointing as the Official Claims Agent in these chapter 11 cases, the distribution of notices and the processing of claims will be expedited, and the clerk’s office will be relieved of the administration burden of processing what may be an overwhelming number of claims. 9. will undertake, inter alia, the following actions and procedures: (a) Notify all potential creditors of the filing of the bankruptcy petitions and of the setting of the first meeting of creditors, pursuant to §341(a) of the Bankruptcy Code, under the proper provisions of the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure; (b) Maintain an official copy of the Debtor(s)' schedules of assets and liabilities and statement of financial affairs (collectively, "Schedules"), American LegalNet, Inc. www.USCourtForms.com listing the Debtor(s)' known creditors and the amounts owed thereto; (c) Notify all potential creditors of the existence and amount of their respective claims as evidenced by the Debtor(s)' books and records and asset forth in the Schedules; (d) Furnish a notice of the last date for the filing of proofs of claims and a form for the filing of a proof of claim, after such notice and form are approved by this Court; (e) File with Clerk an affidavit or certificate of service which includes a copy of the notice, a list of persons to whom it was mailed (in alphabetical order), and the date mailed, within ten (10) days of service; (f) Docket all claims received by the clerk’s office, maintain the official claims registers (the "Claims Registers") for each Debtor on behalf of the Clerk, and provide the Clerk with certified duplicate, unofficial Claims Registers on a monthly basis, unless otherwise directed; (g) Specify, in the applicable Claims Register, the following information for each claim docketed: (i) the claim number assigned, (ii) the date received, (iii) the name and address of the claimant and agent, if applicable, who filed the claim, and (iv) the classification(s) of the claim (e.g., secured, unsecured, priority, etc.); (h) Relocate, by messenger, all of the actual proofs of claim filed to [name of claims agent], not less than weekly; (i) Upon completion of the docketing process for all claims received to date by the clerk’s office for each case, turn over to the Clerk copies of the American LegalNet, Inc. www.USCourtForms.com claims register for the Clerk’s review; (j) Make changes in the Claims Registers pursuant to Court Order; (k) Upon completion of the docketing process for all claims received to date by the Clerk's office, turn over to the Clerk copies of the Claims Registers for the Clerk's review; (l) Maintain the official mailing list for each Debtor of all entities that have filed a proof of claim, which list shall be available upon request by a party-in-interest or the Clerk; (m) Assist with, among other things, solicitation and calculation of votes and distribution as required in furtherance of confirmation of plan(s) of reorganization; (n) Thirty (30) days prior to the close of these cases, an Order dismissing the Agent shall be submitted terminating the services of the Agent upon completion of its duties and responsibilities and upon the closing of these cases; and (o) At the close of the case, box and transport all original documents, in proper format, as provided by the clerk’s office, to the Federal Archives Record Administration, located at Central Plains Region, 200 Space Center Drive, Lee’s Summit, MO 64064. 10. The claims register maintained by shall be opened to the public for examination without charge during regular business hours. American LegalNet, Inc. www.USCourtForms.com 11. shall record all transfers of claims, pursuant to Bankruptcy Rule 3001(e), and shall provide any notices of such transfers required by Bankruptcy Rule 3001(e). 12. shall not employ any past or present employee of the debtor for work that involves the debtors’ bankruptcy proceedings. The terms of retention are set forth in Exhibit “A” annexed hereto. 13. The debtors propose to of $ a retainer in the amount out of assets of the debtors’ estates, pursuant 28 U.S.C. § 156(c). shall render invoices to the debtors to be applied against said retainer. 14. The relief requested in this application has been discussed with the Clerk of the Bankruptcy Court and the United States Trustee. Each has indicated their non-objection, as set forth in the prefixed proposed order. The debtors submit that no further notice is necessary under the circumstances. American LegalNet, Inc. www.USCourtForms.com WHEREFORE, the debtors request entry of an order in the form annexed hereto; 1. authorizing to act as Official Claims Agent for the maintenance and processing of claims; and 2. Dated: granting the debtors such other and further relief as is just and equitable. , New York , 200 Attorneys for Debtors or Debtors-in-Possession By: Name and last Four digits of SSN:_______________________________ Address:______________________________ Telephone:____________________________ American LegalNet, Inc. www.USCourtForms.com