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11-22820-rdd

Doc 144

Filed 10/28/11

Entered 10/28/11 12:57:16 Pg 1 of 2

Main Document

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------- x In re: : : THE CHRISTIAN BROTHERS INSTITUTE, et al. : : : Debtors. ------------------------------------------------------------------- x

Chapter 11 Case No.: 11-22820 (RDD) (Jointly Administered)

ORDER AUTHORIZING RETENTION OF REAL ESTATE BROKER Upon the application, dated October 3, 2011 (the Application) of The Christian Brothers Institute, debtor and debtor-in-possession (the Debtor)1 for an order pursuant to 327(a) of the Bankruptcy Code, Bankruptcy Rule 2014 and Local Rule 2014-1 authorizing and empowering the Debtor to retain and employ ad Four Seasons Real Estate Center (Four Seasons) as its real estate broker under the Exclusive Right to Sell Agreement, a copy of which is attached as Exhibit B to the Application(the Agreement), in connection with the marketing and sale of the real property located at 117 North 10th Avenue, Mount Vernon, New York owned by the Debtor; and upon the Selsey Affidavit and the Agreement; and the Court being satisfied that (i) Four Seasons does not hold or represent an interest adverse to the estate with respect to the matters for which Four Seasons will be engaged; (ii) Four Seasons is a disinterested person in connection with the Debtors Chapter 11 case pursuant to 101(14) of the Bankruptcy Code; and (iii) Four Seasons retention and employment is necessary and in the best interest of the estate; and it appearing that no further notice need be given, and sufficient cause appearing therefor, it is ORDERED, that the Application is granted; and it is further ORDERED, that the Agreement is approved; and it is further

Capitalized terms otherwise underlined herein shall have the meanings set forth in the Application.

{Client/001718/BANK376/00409055.DOC;2}

11-22820-rdd

Doc 144

Filed 10/28/11

Entered 10/28/11 12:57:16 Pg 2 of 2

Main Document

ORDERED, that pursuant to Bankruptcy Code 327(a) and 328, Rule 2014 and Local Bankruptcy Rule 2014-1, the Debtor is hereby authorized and empowered to retain and employ Four Seasons in its Chapter 11 case to perform the services specified in the Application and the Agreement; and it is further ORDERED, that the compensation to be paid to Four Seasons for services rendered and to be rendered to the Debtor shall be paid pursuant to the Agreement and only after Court approval upon application under the applicable provisions of the Bankruptcy Code, Bankruptcy Rules and Local Rules, except that Four Seasons shall not be required to maintain time records in support of its request for compensation and reimbursement of expenses; and it is further ORDERED, that this Court shall retain jurisdiction over all matters arising from or related to the interpretation and implementation of this Order. Dated: White Plains, New York October 28, 2011 /s/Robert D. Drain HONORABLE ROBERT D. DRAIN UNITED STATES BANKRUPTCY JUDGE

No Objection to Entry of this Order: Office of the United States Trustee Southern District of New York

By:

/s/ Paul K. Schwartzberg Paul K. Schwartzberg

{Client/001718/BANK376/00409055.DOC;2}

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