1. Case 12-19882 Doc 99 Filed 01/25/13 Entered 01/25/13 14:53:04 Desc Main
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS
EASTERN DIVISION
In re: )
) C hapter 11
NEW ENGLAND COMPOUNDING ) Case No. 12-19882-HJB
PHARMACY, INC., )
)
Debtor. )
APPLICATION FOR AND CERTIFICATE OF
APPOINTMENT OF CHAPTER 11 TRUSTEE
Pursuant to 11 U.S.C. §1104(a) and Fed. R. Bank. P. 2007.1, William K.
Harrington, the United States Trustee for Region One: i) moves the Court to approve Paul
D. Moore, Esq. to serve as Chapter 11 trustee (“Trustee”) for New England
Compounding Pharmacy, Inc. (the “Debtor”) and ii) subject to Court approval, certifies
Mr. Moore’s appointment as Trustee.
In support, the United States Trustee respectfully states as follows:
1. A voluntary Chapter 11 petition was filed by the Debtor on December 21,
2012.
2. On January 24, 2013, the Court entered an order directing the United
States Trustee to appoint a Chapter 11 Trustee in the case. Docket #92.
3. Subject to Court approval, the United States Trustee has appointed Mr.
Moore to serve as Trustee for the Debtor.
4. Counsel for the United States Trustee conferred with the Debtor, counsel
to the Debtor, counsel to the Official Committee of Unsecured Creditors, and counsel to
various individual claimants in the case regarding the potential individuals to be
appointed as trustee.
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2. Case 12-19882 Doc 99 Filed 01/25/13 Entered 01/25/13 14:53:04 Desc Main
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5. To the best of his knowledge, the United States Trustee is not aware that
Mr. Moore has any connections with the Debtor, known creditors, any other parties in
interest, their respective attorneys and accountants, the United States Trustee or any
persons employed in the office of the United States Trustee, except as set forth in the
verified statement (“Statement”) that Mr. Moore will file with the Court on or before
Monday, February 4, 2013.
WHEREFORE, the United States Trustee prays that the Court indicate its
approval of the appointment of Paul D. Moore, Esq. as Trustee for the Debtor by
executing this Application in the space below.
Respectfully submitted,
William K. Harrington,
United States Trustee, Region One
By: /s/ Jennifer L. Hertz
Jennifer L. Hertz BBO#645081
United States Department of Justice
John W. McCormack Post Office and
Courthouse
5 Post Office Square, Suite 1000
Boston, MA 02109
PHONE: (617) 788-0412
FACSIMILE: (617) 565-6368
Jennifer L. Hertz@usdoj.gov
Dated: January 25, 2013
Paul D. Moore, Esq. is directed to file his Statement under Fed. R. Bankr. P.
2007.1 with the Court on or before Monday, February 4, 2013.
Bond is set for Mr. Moore at $1,300,000.
APPROVED:
___________________________
Hon. Henry J. Boroff
United States Bankruptcy Judge
January ___, 2013
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