Case 09-39032-SLM

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
Caption in Compliance with D.N.J. LBR 9004-1(b)

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Order Filed on August 1, 2016

by Clerk, U.S. Bankruptcy
Court - District of New Jersey

In re:

Case No. 09-39032 (SLM)

Giuseppe Giudice and Teresa Giudice,

Chapter 7

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Judge: Hon. Stacey L. Meisel

Debtors.

Hearing Date: July 18, 2016

ORDER AUTHORIZING LIMITED RETENTION OF SIEGEL & SIEGEL, P.C. AS

SPECIAL COUNSEL

The relief set forth on the following pages, numbered two (2) through four (4), is hereby
ORDERED.

DATED: August 1, 2016

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Giuseppe Giudice and Teresa Giudice

09 - 39032 (SLM)
Order Authorizing Limited Retention of Siegel & Siegel, P.C. as Special
Counsel

WHEREAS this matter was brought before the Court upon the application by the trustee,
John Sywilok, Esq. (Trustee), by and through counsel, Kopelman & Kopelman, LLP, seeking
authorization to retain Siegel & Siegel, P.C. as Special Counsel under Bankruptcy Code section
327(e) (Retention Application) to prosecute Teresa Guidices claims against James A. Kridel,
Jr. in the state court action known as Giudice v. Kridel, Docket No. MRS-L-1861-15 (the Kridel

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Action); this Court finds as follows:

WHEREAS on May 24, 2016, this Court entered an Order reopening this bankruptcy case

(Docket No. 188);

WHEREAS on May 26, 2016, John Sywilok, Esq. was appointed Chapter 7 Trustee;
WHEREAS a dispute exists between the Trustee and the co-debtor, Teresa Giudice
(Debtor), as to whether the Kridel Action is property of the Giudice bankruptcy estate;
WHEREAS on June 30, 2016, the Trustee filed the Retention Application (Docket No.
202);
WHEREAS on July 5, 2016, the Debtor, by and through counsel, Brach Eichler, LLC,
filed an Objection to the Retention Application (Docket No. 204);
WHEREAS on July 14, 2016, the Trustee filed a Certification of Michael S. Kopelman In
Response To Opposition to Retain Special Counsel (Docket No. 218) (Trustees Reply);
WHEREAS on July 14, 2016, the Debtor filed a Letter in response to the Trustees Reply
(Docket No. 219);
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Giuseppe Giudice and Teresa Giudice

09 - 39032 (SLM)
Order Authorizing Limited Retention of Siegel & Siegel, P.C. as Special
Counsel

WHEREAS prior to the July 18th hearing, neither party filed the appropriate pleadings to
determine any ownership right, title and interest in the Kridel Action;
WHEREAS on July 18, 2016, this Court held a hearing on the contested Retention
Application;
WHEREAS at the July 18th hearing, the Court recognized the Trustees ability to retain

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counsel under 11 U.S.C. 327 subject to the limitation of the Bankruptcy Code;

WHEREAS at the July 18th hearing, this Court found that it would be potentially harmful

to permit the Trustee to take any action regarding the Kridel Action before making a determination
on the ownership and rights of the parties to the Kridel Action;
WHEREAS this Court has not yet determined the parties rights, title and interest in the
Kridel Action;
WHEREAS at the July 18th hearing, this Court ordered parties to attend mediation; and
WHEREAS to the extent any of the above findings of fact constitute conclusions of law,
they are adopted as such and vice versa; and for good cause shown, it is hereby
ORDERED that the Trustees Retention Application of Siegel & Siegel, P.C. is
GRANTED in part as follows; and it is further
ORDERED that Siegel & Siegel, P.C.s retention shall be effective the date of entry of
this Order however, any action by Siegel & Siegel, P.C. shall be stayed until (i) the parties
complete mediation pursuant to this Courts Mediation Order and/or (ii) further Order of this
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Giuseppe Giudice and Teresa Giudice

09 - 39032 (SLM)
Order Authorizing Limited Retention of Siegel & Siegel, P.C. as Special
Counsel

Court; and it is further

ORDERED that once mediation concludes and this Court enters an Order determining the
parties rights, title and interest, then Siegel & Siegel, P.C.s retention shall be limited to the sole
purpose of prosecuting the bankruptcy estates interest once determined, if any, in the Kridel
Action; and it is further

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ORDERED that to the extent the Trustee wishes to expand the capacity of Siegel & Siegel,

P.C.s retention, the Trustee must seek further Order of the Court; and it is further

ORDERED that compensation shall be subject to further Order of the Court.