12-50073-lmc Doc#147 Filed 03/12/12 Entered 03/12/12 09:02:58 Main Document Pg 1 of 3

SO ORDERED. SIGNED this 09th day of March, 2012.

________________________________________ LEIF M. CLARK UNITED STATES BANKRUPTCY JUDGE

____________________________________________________________
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

In re: DELTA PRODUCE, L.P.1, Debtors

Chapter 11 Case No. 12-50073-LMC Jointly Administered

ORDER APPROVING APPLICATION TO EMPLOY COUNSEL FOR SPECIAL PURPOSE On this day the Court considered the Application to Employ Counsel for Special Purpose filed by Debtors to employ Pulman, Cappuccio, Pullen & Benson, LLP as Special Counsel. The Court finds that: (i) it has jurisdiction over the matters raised in the Application pursuant to 28 U.S.C. 157 and 1334; (ii) this is a core proceeding pursuant to 28 U.S.C. 157(b)(2); (iii) the relief requested in the Application is in the best interests of the Debtors, the bankruptcy estate, and the creditors; (iv) proper and adequate notice of the Application under the circumstances
1

Debtors are the following entities: Delta Produce, L.P. Case No. 1250073-LMC-11, Superior Tomato-Avocado, Ltd. Case No. 12-50074-LMC-11, Atled, Ltd. Case No. 12-50075-LMC-11, and Staci Properties, Ltd. Case No. 12-50110-LMC

12-50073-lmc Doc#147 Filed 03/12/12 Entered 03/12/12 09:02:58 Main Document Pg 2 of 3

has been given and that no other or further notice is necessary; (v) all objections to the Application not granted by this Order are overruled or are withdrawn; and (vi) upon the Affidavit of Randall A. Pulman, as supplemented and amended from time to time, and the record herein after due deliberation thereon, good and sufficient cause exists for the granting of the relief as set forth herein on an interim basis. The Court further finds that the Application is well taken and hereby approves same. It is therefore, ORDERED that the employment of Pulman, Cappuccio, Pullen & Benson, LLP as Special Counsel for the Debtors be, and it is hereby, approved. It is further ORDERED that pursuant to section 327(a) of the Bankruptcy Code and Rule 2014(a) of the Bankruptcy Rules, the Debtors are hereby authorized to employ and retain Pulman, Cappuccio, Pullen & Benson, LLP as Special Counsel for the limited purposes set forth in the Application, and to the extent consistent with the Application and this Order. It is further ORDERED that should PCPB or the Debtor elect to associate with other counsel in the prosecution Adversary Proceeding No. 12-05001, the new counsel shall will file appropriate statements of compensation in accordance with 11 U.S.C. 329(a) and provide creditors with 30 days within which to object. If no party in interest files a timely objection, the said association will be effective. It is further ORDERED that said attorneys shall, within ten days of the entry hereof, serve the statements required by Bankruptcy Code section 329(a) and Bankruptcy Rule 2016(b) and a copy of this Order, upon the U.S. Trustee, any committees, the twenty largest unsecured creditors, all secured creditors, and any counsel or parties previously filing a notice of appearance and request for notice. It is further

12-50073-lmc Doc#147 Filed 03/12/12 Entered 03/12/12 09:02:58 Main Document Pg 3 of 3

ORDERED that said attorneys shall disclose in said report the amount and source of any retainer or any other payment received by them in connection with or in contemplation of this case. It is further ORDERED that all of said attorneys fees and expenses in this bankruptcy case shall be subject to approval by this Court under the standard set forth in section 330 of the Bankruptcy Code upon proper application by said attorneys in accordance with the Bankruptcy Code, the Bankruptcy Rules, the Local Bankruptcy Rules, and any other applicable orders of this Court. It is further ORDERED that any objection to this Order must be filed within twenty days from the date of this Order. If an objection is received from the U.S. Trustee, any creditor or party-in-interest, the Debtors shall request a hearing before the Court. It is further ORDERED that the Court shall retain exclusive jurisdiction to construe and enforce the terms of the Application and this Order. ### Submitted by: Randall A. Pulman Leslie Sara Hyman Pulman, Cappuccio, Pullen & Benson, LLP 2161 NW Military Highway, Suite 400 San Antonio, Texas 78213 www.pulmanlaw.com (210) 222-9494 Telephone (210) 892-1610 Facsimile ATTORNEYS FOR DEBTORS