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IN RE BIRCH GROVE LANDSCAPING & NURSERY, INC.

BK 15-11984 CLB.

603 B.R. 874 (2019)

IN RE BIRCH GROVE LANDSCAPING & NURSERY, INC., Debtor

United States Bankruptcy Court, W.D. New York.

Signed August 15, 2019.

Attorney(s) appearing for the Case

Daniel E. Brick, Esq. , 91 Tremont Street, P.O. Box 604, North Tonawanda, NY 14120-0604, Attorney for Trustee.

Zdarsky, Sawicki & Agostinelli, LLP, Mark J. Schlant, Esq. , of counsel, 1600 Main Place Tower, Buffalo, NY 14202, Special Counsel to Trustee.

Andreozzi Bluestein LLP, Daniel F. Brown, Esq. , of counsel, 9145 Main Street, Clarence, NY 14031, Attorney for Jason and Jennifer Burford.

Joseph W. Allen, Esq. , Office of the U.S. Trusted, Olympic Towers, 300 Pearl Street, Suite 401, Buffalo, NY 14202, Assistant United States Trustee.

DECISION & ORDER

Stockholders of the debtor object to the trustee's proposed payment of a contingent fee due under the terms of a retainer agreement with special counsel. This dispute presents two primary issues. The first is whether counsel was properly retained under the provisions of 11 U.S.C....

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