UNITED STATES BANKRUPTCY COURT DISTRICT of NEW JERSEY Caption in Compliance with D.N.J
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Case 21-10632-MBK Doc 106 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Main Document Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) FOX ROTHSCHILD LLP 49 Market St. Morristown, NJ 07960 Mark E. Hall, Esq. Martha B. Chovanes, Esq. Michael R. Herz, Esq. [email protected] [email protected] [email protected] Telephone: (973) 992-4800 Facsimile: (973) 992-9125 Proposed Counsel for L’Occitane, Inc. In Re: Chapter 11 L’OCCITANE, INC., Case No. 21-10632 Debtor. Judge: Hon. Michael B. Kaplan Objections Due: February 26, 2021 NOTICE OF DEBTOR’S APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF FOX ROTHSCHILD LLP AS BANKRUPTCY COUNSEL TO THE DEBTOR NUNC PRO TUNC TO THE PETITION DATE PLEASE TAKE NOTICE that on February 12, 2021, L’Occitane, Inc., debtor and debtor in possession (the “Debtor”) in the above-captioned chapter 11 case (the “Chapter 11 Case”) filed its application (the “Application”) pursuant to section 327(a) of title 11 of the United States Code (the “Bankruptcy Code”), Rules 2014 and 2016 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and Rule 2014-1 of the District of New Jersey Local Bankruptcy Rules (the “Local Rules”) for entry of an order authorizing and approving the Active\119547284.v1-2/12/21 Case 21-10632-MBK Doc 106 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Main Document Page 2 of 2 employment and retention of Fox Rothschild LLP (“Fox”) as attorneys to the Debtor in the above-captioned chapter 11 cases nunc pro tunc to the Petition Date.1 PLEASE TAKE FURTHER NOTICE that objections, if any, to the relief requested must be made in writing and in the form prescribed by the Bankruptcy Rules and Local Rule 2014-1, and must be filed with this Court and served upon and received by proposed counsel to the Debtor at Fox Rothschild LLP, 49 Market Street, Morristown, NJ 07960 (Attn: Mark E. Hall and Michael R. Herz) and Fox Rothschild LLP, 2000 Market Street, 20th Floor, Philadelphia, PA 19103-3222 (Attn: Martha B. Chovanes) no later than February 26, 2021 at 4:00 p.m. (ET). PLEASE TAKE FURTHER NOTICE that the Application is being filed on negative notice. If no objections are filed and served by the Objection Deadline, the Bankruptcy Court may enter an order granting the Application without further notice or hearing. Dated: February 12, 2021 FOX ROTHSCHILD LLP Proposed Counsel to the Debtor and Debtor-in- Possession By: /s/ Mark E. Hall Mark E. Hall, Esq. Martha B. Chovanes, Esq. Michael R. Herz, Esq. 1 All capitalized terms not herein defined shall have the meaning ascribed to them in the Application. Active\119547284.v1-2/12/21 Case 21-10632-MBK Doc 106-1 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Application Page 1 of 10 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) FOX ROTHSCHILD LLP 49 Market St. Morristown, NJ 07960 Mark E. Hall, Esq. Martha B. Chovanes, Esq. Michael R. Herz, Esq. [email protected] [email protected] [email protected] Telephone: (973) 992-4800 Facsimile: (973) 992-9125 Proposed Counsel for L’Occitane, Inc. In re: L’OCCITANE, INC., Chapter 11 Debtor. Case No. 21-10632-MBK Judge: Michael B. Kaplan DEBTOR’S APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE EMPLOYMENT AND RETENTION OF FOX ROTHSCHILD LLP AS BANKRUPTCY COUNSEL TO THE DEBTOR NUNC PRO TUNC TO THE PETITION DATE TO THE HONORABLE MICHAEL B. KAPLAN: L’Occitane, Inc., as debtor and debtor in possession in the above-captioned chapter 11 case (the "Debtor"), respectfully represents as follows: I. JURISDICTION 1. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157(a)- (b) and 1334(b) the Standing Order of Reference to the Bankruptcy Court Under Title 11 of the United States District Court for the District of New Jersey, dated September 18, 2012 (Simandle, 119484039.v2 Case 21-10632-MBK Doc 106-1 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Application Page 2 of 10 C.J.). This is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper before this Court pursuant to 28 U.S.C. §§ 1408 and 1409. 2. The bases for the relief requested herein are sections 327(a), 329, and 330 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”), Rule 2014(a) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), and Rule 2014-1 of the Local Bankruptcy Rules for the United States Bankruptcy Court for the District of New Jersey (the “Local Rules”). II. BACKGROUND 3. On January 26, 2021 (the “Petition Date”), the Debtor commenced with this Court a voluntary case under chapter 11 of the Bankruptcy Code. The Debtor continues to operate its businesses and manage its properties as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory committee of creditors has been appointed in this chapter 11 case. 4. Information regarding the Debtor’s business, capital structure, and the circumstances leading to the commencement of these chapter 11 cases is set forth in the Declaration of Yann Tanini in Support of Debtor’s Chapter 11 Petition and First Day Pleadings [Docket No. 15]. III. RELIEF REQUESTED 5. By this Application, the Debtor seeks authorization to employ and retain Fox Rothschild LLP (“Fox”) as its counsel in connection with the filing and prosecution of this chapter 11 case, nunc pro tunc to the Petition Date, pursuant to sections 327(a), 329, and 330 of the Bankruptcy Code, Bankruptcy Rule 2014(a), and Local Rule 2014-1. The Debtor further requests that the Court approve the retention of Fox under a general retainer and hourly fee arrangement in accordance with Fox’s normal hourly rates in effect at the time services are rendered and Fox’s 2 119484039.v2 Case 21-10632-MBK Doc 106-1 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Application Page 3 of 10 normal expense reimbursement policies. In support of this Application, the Debtor submits the Declaration of Mark E. Hall (the “Hall Declaration”), a copy of which is attached hereto as Exhibit A. IV. FOX’S QUALIFICATIONS 6. Fox has represented the Debtor since August 20, 2020 in matters unrelated to this Chapter 11 case. Fox was retained on November 9, 2020 to work with the Debtor and its financial advisors to explore strategic alternatives. 7. Since the fall of 2020, Fox has worked closely with the Debtor in connection with its restructuring efforts. As a result of this work and Fox’s prior representations of the Debtor, Fox has acquired significant knowledge of the Debtor and its business. In providing pre-petition legal services to the Debtor, Fox has worked closely with the Debtor’s management and its other advisors. 8. The Debtor has selected Fox because the members and associates of Fox possess extensive knowledge and considerable expertise in the fields of bankruptcy, insolvency, reorganizations, debtors’ and creditors’ rights, debt restructuring, and corporate reorganizations, among others. In addition, the attorneys at Fox also have substantial experience appearing before the courts in this district and are familiar with local practice and procedure. The Debtor believes Fox has assembled a team of highly-qualified professionals and paraprofessionals to provide services to it in this chapter 11 case. Moreover, the firm’s familiarity with the Debtor’s business makes it uniquely suited to serve as Debtor’s counsel in this chapter 11 case. 9. In sum, the Debtor believes that Fox is well-suited to represent it in these proceedings and that the services of Fox are necessary and essential to the Debtor’s performance of its duties as debtor in possession. V. SERVICES TO BE PROVIDED 3 119484039.v2 Case 21-10632-MBK Doc 106-1 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Application Page 4 of 10 10. The Debtor seeks to retain Fox as its general bankruptcy counsel to perform the following legal services: (a) advise the Debtor of its rights, powers, and duties as debtor in possession in continuing to operate and manage its assets and business; (b) prepare such administrative and procedural applications and motions as may be required for the sound conduct of the case, including, but not limited to, the Debtor’s schedules and statements of financial affairs; (c) prepare on the Debtor’s behalf all necessary and appropriate applications, motions, pleadings, orders, notices, petitions, schedules, and other documents to be filed in the Debtor’s chapter 11 case; (d) advise the Debtor concerning, and prepare responses to, applications, motions, pleadings, notices, and other pleadings or documents which may be filed in its chapter 11 case; (e) counsel the Debtor in its efforts right-size its brick and mortar footprint in connection with the formulation, negotiation and promulgation of a Chapter 11 plan; (f) review the nature and validity of agreements relating to Debtor’s business operations and advise the Debtor in connection therewith; (g) advise the Debtor concerning the actions it might take to collect and recover property for the benefit of its estate; (h) review the nature and validity of any liens asserted against the Debtor and advise as to the enforceability thereof; (i) review and object to claims; and 4 119484039.v2 Case 21-10632-MBK Doc 106-1 Filed 02/12/21 Entered 02/12/21 17:58:29 Desc Application Page 5 of 10 (j) perform all other legal services for and on behalf of the Debtor which may be necessary or appropriate in the administration of its chapter 11 case and fulfillment of its duties as a debtor in possession.