ethanex firm to determine shareholders

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS

In Re: ) ETHANEX ENERGY, INC., ) Case No. 08-20645-7 RDB

) Debtor. )

TRUSTEE’S APPLICATION FOR EMPLOYMENT OF SPECIAL COUNSEL

COMES NOW the Trustee, Eric C. Rajala, and moves the Court for an order appointing

and employing James P. Pryde (“Pryde”) and the law firm of Bryan Cave LLP (“Bryan Cave” –

jointly referred to as “Special Counsel”) as special counsel in the above-captioned bankruptcy

case, effective as of the date of the filing of this Application. In support of his Application, the

Trustee alleges and states as follows:

1. Eric C. Rajala is the duly qualified and acting Chapter 7 Trustee in this case.

2. The Trustee desires to employ Special Counsel to assist the Trustee in

determining the identities of the shareholders of the Debtor, and to assist the Trustee in

complying with SEC regulations and other applicable securities laws and regulations in the

course of distributing dividends to the shareholders on behalf of the estate.

3. Pryde and his partners and associates at Bryan Cave are attorneys licensed to

practice law in the states of Missouri and/or Kansas.

4. Based upon the affidavits attached hereto, the Trustee believes that Pryde and his

partners and associates at Bryan Cave do not hold or represent any interest adverse to that of the

Trustee or the estate, and that Pryde, Bryan Cave, and the partners and associates of Bryan Cave

are disinterested persons within the meaning of 11 U.S.C. §101(14).

5. The Trustee is informed that the current normal hourly billing rates of the Bryan

Cave attorneys who will work on this matter are as follows:

Case 08-20645 Doc# 175 Filed 03/01/13 of 9

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF KANSAS In Re: Ethanex Energy, Inc.; Case No. 08-20645-7 RDB TRUSTEE’S APPLICATION FOR EMPLOYMENT OF SPECIAL COUNSEL

Partners $420 to $535 per hour;

Associates $240 to $415 per hour; and

Legal Assistants $180 to $220 per hour.

It is contemplated that Special Counsel will seek compensation based upon normal and usual

hourly billing rates. Other terms and conditions of the proposed employment are set forth in

Special Counsel’s engagement letter, a copy of which is attached hereto as Exhibit A.

6. The address of Bryan Cave LLP is One Kansas City Place, 1200 Main St, Suite

3500, Kansas City, MO 64105-2100, and its employer identification number is 43-0602162.

7. To the best of the Trustee’s knowledge, all the connections of Pryde and Bryan

Cave LLP with the Debtor, creditors, any other party in interest, their respective attorneys and

accountants, the United States Trustee, or any person employed in the office of the United States

Trustee, are only as set forth in the accompanying affidavits.

WHEREFORE, Eric C. Rajala, Chapter 7 Trustee, prays that he be authorized to employ

James P. Pryde and the law firm of Bryan Cave LLP as special counsel to render services in the

areas described above, with compensation to be paid as an administrative expense in such

amounts as this Court may hereinafter determine and allow, and for such other and further relief

as this Court deems just and equitable.

Respectfully submitted,

s/ Eric C. Rajala Eric C. Rajala, Chapter 7 Trustee Kansas Supreme Court No. 10082 Metcalf Bank Bldg, Ste 341 11900 College Blvd Overland Park, KS 66210-3939 Telephone (913) 339-9806 Facsimile (913) 339-6695 [email protected]

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Case 08-20645 Doc# 175 Filed 03/01/13 of 9

Exhibit A Page 1 of 5

Case 08-20645 Doc# 175 Filed 03/01/13 of 9

Case 08-20645 Doc# 175 Filed 03/01/13 of 9

ethanex firm to determine shareholders

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