1
#4817-7614-7739
Jeffrey M. Tillotson, P.C. (jmt@lynnllp.com)
Texas Bar No. 20039200
Eric W. Pinker, P.C. (epinker@lynnll...
2
#4817-7614-7739
Lynn Tillotson Pinker & Cox, LLP (“LTPC,” the “Firm” or the “Applicant”), special
litigation counsel to ...
3
#4817-7614-7739
III. BACKGROUND
3. On June 23, 2009, FirstPlus Financial Group, Inc. (“Debtor”) filed its petition for
r...
4
#4817-7614-7739
A. Summary of Work Performed and Results Achieved.
7. In June 2011, the Trustee (represented by LTPC) fi...
5
#4817-7614-7739
The Invoice sets forth the date the expense was incurred or billed and the nature and
amount of the expe...
6
#4817-7614-7739
10. The Bankruptcy Code specifically authorizes the bankruptcy court to approve the
employment and compe...
7
#4817-7614-7739
15. Preclusion of Other Employment Due to Acceptance of the Case. While
LTPC has devoted substantial tim...
8
#4817-7614-7739
V. COMPLIANCE WITH FED. R. BANK. P. 2016(a)
23. LTPC does not now hold or represent, and has not held or...
9
#4817-7614-7739
28. Any party that was not served with a copy of the exhibits to this Application
may obtain a copy of s...
10
#4817-7614-7739
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and f...
ERIN MARIE SCHMIDT
OFFICE OF THE U.S. TRUSTEE
1100 COMMERCE ST., RM. 976
DALLAS, TX 75242
SECURITIES & EXCHANGE COMMISSION...
LEPERCQ CORPORATE INCOME FUND
C/O DAVID F. STABER and CLAYTON D.
KETTER
AKIN GUMP, ET AL., LLP
1700 PACIFIC AVE., #4100
DA...
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 13 of 19
EXHIBIT
A
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 14 of 19
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 15 of 19
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 16 of 19
EXHIBIT
B
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 17 of 19
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 18 of 19
EXHIBIT
C
Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 19 of 19
1
#4811-1954-2299
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
In re: § Chapte...
2
#4811-1954-2299
for the allowance thereof. The Court finds that all necessary parties were served with notice of
the App...
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Doc1014 attorney volker going for $1 m in fees

  1. 1. 1 #4817-7614-7739 Jeffrey M. Tillotson, P.C. (jmt@lynnllp.com) Texas Bar No. 20039200 Eric W. Pinker, P.C. (epinker@lynnllp.com) Texas Bar No. 16016550 John Volney (jvolney@lynnllp.com) Texas Bar No. 24003118 LYNN TILLOTSON PINKER & COX, L.L.P. 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 (214) 981-3800 Telephone (214) 981-3839 Facsimile ATTORNEYS FOR MATTHEW D. ORWIG, LIQUIDATING TRUSTEE IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In re: § Chapter 11 § FIRSTPLUS FINANCIAL GROUP, INC., § Case No. 09-33918-HDH § Debtor. § ______________________________________________________________________________ THIRD APPLICATION OF LYNN TILLOTSON PINKER & COX, LLP FOR ALLOWANCE OF COMPENSATION AND FOR REIMBURSEMENT OF EXPENSES INCURRED FROM SEPTEMBER 1, 2012 THROUGH APRIL 30, 2014 ______________________________________________________________________________ NO HEARING WILL BE CONDUCTED ON THIS APPLICATION UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT, 1100 COMMERCE STREET, SUITE 1254, DALLAS, TEXAS 75242, BEFORE 5:00 P.M. PREVAILING CENTRAL TIME ON JUNE 27, 2014, (THE “OBJECTION DEADLINE”), WHICH IS AT LEAST TWENTY-FOUR DAYS AFTER THE DATE OF SERVICE OF THIS APPLICATION. ANY RESPONSE MUST BE IN WRITING AND FILED WITH THE CLERK, AND A COPY MUST BE SERVED UPON THE UNDERSIGNED COUNSEL PRIOR TO THE DATE AND TIME SET FORTH ABOVE. IF A RESPONSE IS TIMELY FILED, A HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY. IF NO RESPONSE TO THIS APPLICATION IS TIMELY FILED, THE RELIEF SOUGHT HEREIN SHALL BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING SUCH RELIEF. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 1 of 19
  2. 2. 2 #4817-7614-7739 Lynn Tillotson Pinker & Cox, LLP (“LTPC,” the “Firm” or the “Applicant”), special litigation counsel to Matthew D. Orwig, the liquidating Trustee (“Trustee”) for the estate of FirstPlus Financial Group, Inc. (the “Debtor”), files this Third Application of Lynn Tillotson Pinker & Cox, LLP for Allowance of Compensation and for payment of Expenses Incurred from September 1, 2012 through April 30, 2014 (this “Application”). I. SUMMARY OF APPLICATION By this Application, LTPC seeks approval for payment of its attorney’s fees in the amount of $1,000,000.00, which reflects LTPC’s one-third contingency fee interest in the Trustee’s settlement with Olshan Frome Wolosky LLP f/k/a Olshan Grundman Frome Rozenzweig & Wolosky, LLP and David Adler (collectively “Olshan”), which has been filed for approval by this Court pursuant to Bankruptcy Rule 9019. [Docket No. 1013]. In addition to its contingency fee, LTPC requests reimbursement of its expenses incurred from September 1, 2012 through April 30, 2014 (the “Application Period”) in the amount of $2,958.01. The total amount sought by LTPC in this Application is $1,002,958.01. For the reasons set out below, LTPC respectfully requests that the Court grant this Application. II. JURISDICTION AND VENUE 1. The Court has jurisdiction over the relief requested in this Application pursuant to 28 U.S.C. § 1334(a) and (b). Venue is proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409(a). 2. The statutory predicates for the relief requested herein are 11 U.S.C. §§ 327-328 and 330 and Fed. R. Bankr. P. 2016. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 2 of 19
  3. 3. 3 #4817-7614-7739 III. BACKGROUND 3. On June 23, 2009, FirstPlus Financial Group, Inc. (“Debtor”) filed its petition for relief under Chapter 11 of the United States Code. 4. On July 24, 2009, the Court entered its Order appointing Matthew D. Orwig as the Liquidating Trustee for the Debtor. 5. On April 29, 2011, the Trustee filed an application to employ LTPC as special counsel to the Trustee in this Bankruptcy Case. [Docket No. 565]. 6. On May 12, 2011, the Court entered its order granting the application and authorizing employment of LTPC. [Docket No. 572]. As relevant to this Application, the Court’s Order authorized the Trustee to employ LTPC as Special Litigation Counsel to evaluate and pursue claims against the former professionals, fiduciaries and others affiliated with Debtor. The Order provided that LTPC would be paid (1) a reduced hourly rate up to a total of $25,000 to evaluate the potential claims and then (2) one-third of any net monetary recovery by the Estate pursuant to a standard contingency fee arrangement if claims were pursued. The Order further provided that LTPC would credit the estate for any payment made pursuant to the reduced hourly arrangement in the event that LTPC recovered under the contingency fee arrangement, which credit was taken when the Court approved LTPC’s Second Application. [Docket No. 572]. Under the Court’s order, all compensation for fees and expenses were made subject to Court approval under section 330 of the Bankruptcy Code, the federal and local rules of bankruptcy procedures, and other applicable guidelines and case law. LTPC’s Application is supported by the Affidavit of John Volney attached as Exhibit A. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 3 of 19
  4. 4. 4 #4817-7614-7739 A. Summary of Work Performed and Results Achieved. 7. In June 2011, the Trustee (represented by LTPC) filed Adversary Proceeding No. 11-03397 against former professionals and others affiliated with Debtor, including Olshan. After responding to and arguing Olshan’s first round of motions to dismiss, and after filing his First Amended Complaint and responding to Olshan’s second round of motions to dismiss, the Trustee reached a monetary settlement with Mr. Adler and Olshan Grundman on May 19, 2014. On May 28, 2014, the Trustee filed his motion for order approving the settlement. [Docket No. 1013]. B. Summary of Expenses Incurred. 8. In providing professional services to the Trustee, LTPC has incurred actual and necessary expenses in satisfaction of which LTPC has advanced and disbursed funds, and for which LTPC now requests reimbursement.1 As set forth in the invoice attached as Exhibit B, the actual and necessary expenses incurred by LTPC on behalf of the Trustee during the Application Period amount to $2,958.01. The expenses incurred by LTPC are charged at the actual cost by LTPC on a pass-through basis, with no mark-up or profit by LTPC. The expenses sought to be reimbursed include the following categories: • Transcripts from Crim. Trial $1,954.00 • Westlaw/Internet Search Service $ 522.94 • Copies/Duplication Costs $ 287.70 • Postage $ 136.99 • Courier Charges $ 55.27 • Long Distance Telephone $ 1.11 Total: $2,958.01 1 The Trustee previously reimbursed some of the expenses requested here by check in July 2012. LTPC refunded that amount to the Trustee upon determining that the reimbursement occurred without Court approval. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 4 of 19
  5. 5. 5 #4817-7614-7739 The Invoice sets forth the date the expense was incurred or billed and the nature and amount of the expense. No request is made for overhead expenses. The bulk of the expenses sought to be reimbursed is related to obtaining transcripts of certain testimony from the parallel criminal trial, which the undersigned counsel believed was necessary to successfully evaluate the case for settlement. Copies were necessary to serve pleadings on various parties and to disseminate documents to various interested parties as well as to prepare for the mediation conducted with Olshan. Throughout this case, pleadings have been served on the parties in interest. A copy service was used when it could provide services more cheaply than LTPC could provide the same services in-house. Long distance phone calls were necessary to communicate with various parties with interests in the case and in responding to requests for information from various interested parties. LTPC incurred postage charges in connection with service of documents on certain defendants who are not subscribers to the Court’s ECF system. Computerized research has been utilized only when a professional believes that the benefits of computerized research outweigh the cost of such research and that the costs will be less than those incurred in utilizing more traditional research methods. Necessary computerized research was extensive. IV. RELIEF REQUESTED 9. By this Application, LTPC respectfully requests that the Court allow compensation for professional services rendered by LTPC during the Application Period pursuant to 11 U.S.C. § 330. In total, this Application requests allowance of compensation in the amount of $1,000,000, along with expenses incurred during the Application Period of $2,958.01, for a total requested allowance of $1,002,958.01. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 5 of 19
  6. 6. 6 #4817-7614-7739 10. The Bankruptcy Code specifically authorizes the bankruptcy court to approve the employment and compensation of special counsel on a contingency fee basis. 11 U.S.C. § 328(a); Daniels v. Barron (In re Barron), 325 F.3d 690 (5th Cir.2003) (“Under 11 U.S.C. § 330, attorneys’ fees are reviewed for their reasonableness after representation has concluded. In contrast, Section 328 ... allows an attorney seeking to represent a bankruptcy estate to obtain prior court approval of her compensation plan.”). As explained above, the Trustee (represented by LTPC) filed suit against and then settled with Mr. Adler and his law firm for $1,000,000 in cash. Upon approval of the settlement, the net monetary recovery to the Liquidating Trust will be $3,000,000, with LTPC owed a contingent fee of $1,000,000. 11. To the extent that Court considers the factors listed in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 717–19 (5th Cir. 1974) (the “Johnson Factors”) in evaluation LTPC’s requested contingent fee, those factors support the award. 12. The Time and Labor Required. LTPC’s fee was a contingent fee for the work performed. LTPC provided its services efficiently to allow the Trustee to continue this bankruptcy case without undue delay. 13. The Novelty and Difficulty of the Questions Presented. LTPC’s employment required them to perform services within their area of expertise, namely litigating business tort claims against Debtor’s former lawyer and his law firm. 14. The Skill Required to Perform the Services. LTPC believes that its skill in litigating business tort claims such as the claims alleged against Mr. Adler and his firm contributed substantially to the settlement. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 6 of 19
  7. 7. 7 #4817-7614-7739 15. Preclusion of Other Employment Due to Acceptance of the Case. While LTPC has devoted substantial time and effort to its representation of the Trustee in the adversary proceeding, LTPC has not been precluded from accepting other employment. 16. The Customary Fee. The amount of compensation sought herein has been computed pursuant to a customary contingent fee. The fee charged for LTPC’s services in this case is equal to or less than the rates charged by other professionals of similar reputation. 17. Whether the Fee is Fixed or Contingent. LTPC’s fee is set according to contingent, as previously approved by the Court. 18. Time Limitations Imposed by the Client or Other Circumstances. The best interests of the creditors were served by pushing the case and settlement forward in order to minimize expenses. 19. The Experience, Reputation, and Ability of the Applicant. LTPC submits that it is respected for its skill in litigating business disputes. It is the Applicant’s belief that its reputation is recognized and respected. 20. The “Undesirability” of the Case. Working on behalf of the Trustee in this case has not been undesirable. However, LTPC’s fee is subject to approval by the Court and is contingent upon a recovery. 21. The Nature and Length of the Professional Relationship with the Client. LTPC worked with the Trustee throughout the existence of the adversary proceeding. LTPC had no prior dealings with the Debtor or the Trustee. 22. The Amount Involved and the Results Obtained. The amount of LTPC’s contingent fee is calculated pursuant to the methodology previously approved by the Court. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 7 of 19
  8. 8. 8 #4817-7614-7739 V. COMPLIANCE WITH FED. R. BANK. P. 2016(a) 23. LTPC does not now hold or represent, and has not held or represented at any time during the Application Period or otherwise, any interest adverse to the Trustee or the Estate with respect to the matters for which it has been employed. LTPC is now, and has at all times material hereto been, a “disinterested person” as that term is used and defined in the Bankruptcy Code. 24. This is LTPC’s Third Application for payment of attorney’s fees and reimbursement of expenses. LTPC received $250,221.80 in attorney’s fees and expenses pursuant to its First and Second Applications. 25. No agreement or understanding exists between the Applicant and any other entity for sharing of compensation received or to be received for services rendered in or in connection with this Bankruptcy Case. Applicant shall not share or agree to share with any other entity the compensation awarded in connection with this Application, if any. 26. No agreement or understanding prohibited by 18 U.S.C. § 155 has been made, or will be made, by LTPC. VI. NOTICE 27. A copy of this Application, together with exhibits, is being transmitted, inter alia, (i) electronically by the Clerk of Court through the CM/ECF system to all parties receiving such notice in this Bankruptcy Case and (ii) to the Office of the United States Trustee. A copy of this Application without exhibits is being sent via regular United States mail, postage prepaid, to the parties appearing on the master mailing matrix for this case. Accordingly, all parties entitled to receive notice of this Application have received such notice. LTPC respectfully submits that no additional notice of this Application is necessary under the circumstances. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 8 of 19
  9. 9. 9 #4817-7614-7739 28. Any party that was not served with a copy of the exhibits to this Application may obtain a copy of such exhibits by mailing a written request to the undersigned counsel on or before the Objection Deadline set forth on the first page of this Application. VII. PRAYER BASED UPON THE FOREGOING, LTPC respectfully requests that the Court enter an order in substantially the form of that attached hereto as Exhibit C: i. granting this Application; ii. allowing compensation for professional services rendered by LTPC as special counsel to the Trustee during the Application Period in the total amount of $1,000,000; iii. allowing reimbursement of LTPC’s expenses in the amount of $2,958.01; and iv. awarding Applicant such other and further relief to which it may be justly entitled. Date: June 3, 2014 Respectfully submitted, /s/ John Volney Jeffrey M. Tillotson, P.C. (jmt@lynnllp.com) Texas Bar No. 20039200 Eric W. Pinker, P.C. (epinker@lynnllp.com) Texas Bar No. 16016550 John Volney (jvolney@lynnllp.com) Texas Bar No. 24003118 LYNN TILLOTSON PINKER & COX, L.L.P. 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 (214) 981-3800 Telephone (214) 981-3839 Facsimile ATTORNEYS FOR MATTHEW D. ORWIG, LIQUIDATING TRUSTEE Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 9 of 19
  10. 10. 10 #4817-7614-7739 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served either via ECF on counsel of record or via first class United States mail, prepaid, on the attached Limited Service List on June 3, 2014. /s/ John Volney John Volney Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 10 of 19
  11. 11. ERIN MARIE SCHMIDT OFFICE OF THE U.S. TRUSTEE 1100 COMMERCE ST., RM. 976 DALLAS, TX 75242 SECURITIES & EXCHANGE COMMISSION c/o ROSE L. ROMERO, REG. DIRECTOR BURNETT PLAZA, SUITE 1900 801 CHERRY STREET, UNIT 18 FORT WORTH, TX 76102 MATTHEW D. ORWIG CHAPTER 11 TRUSTEE JONES DAY 2727 NORTH HARWOOD STREET DALLAS, TEXAS 75201-1515 PETER FRANKLIN, DOUG SKIERSKI FRANKLIN SKIERSKI HAYWARD, 10501 N CENTRAL EXPY, STE 106 DALLAS, TX 75231 ARKADIY GRINSHPUN 7909 BUSTLETON AVENUE PHILADELPHIA, PA 19152 GARY B. FREEDMAN 7909 BUSTLETON AVENUE PHILADELPHIA, PA 19152 INTERNAL REVENUE SERVICE SPECIAL PROCEDURES - INSOLVENCY P.O. BOX 21126 PHILADELPHIA, PA 19114 OLSHAN GRUNDMAN FROME ROSENZWEIG &WOLOSKY LLP PARK AVENUE TOWER 65 EAST 55TH ST. NEW YORK, NY 10022 PATTON BOGGS ATTN: CASS WEILAND, ESQ. 2000 MCKINNEY AVE, SUITE 1700 DALLAS, TEXAS 75201 HULSE & STUCKI ATTN: JAY R. STUCKI 2912 WEST STORY ROAD IRVING, TX 75038 BASHEER GHORAYEB JONES DAY 2727 NORTH HARWOOD STREET DALLAS, TEXAS 75201-1515 DOWNEY BRAND LLP 427WEST PLUMB LN. RENO, NV 89509 JAMES W. PUZEY LAW OFFICES OF JAMES W. PUZEY P.O. BOX 70172 RENO, NV 89570 FIRSTLINE MORTGAGE v.RUTGERS C/O ROBERT JOHNSON LAW CORP 34197 PACIFIC COAST HIGHWAY STE 100 DANA POINT, CA 92629 SECORE &WALLER, LLP ATTN: WAYNE M. SECORE FOUR FOREST 12222 MERIT DR., #1350 DALLAS, TX 75251 JOHN CLARSON 4200 RANIER COURT FORTH WORTH, TX 76109 BUCKNO LISICKY &COMPANY ATTN: TONY BUCKNO 1524 LINDEN STREET ALLENTOWN, PA 18102-4251 RUTGERS INVESTMENT 3965 PHELAN BLVD, # 209 BEAUMONT, TX 77707-2232 PATRICK JOHN HETHCOAT 1365 WAYNE WAY SAN MATEO, CA 94403-1565 ROBERT O’NEAL 324 N. 23RD STREET BEAUMONT, TX 77707 ANGELA DODD SECURITIES AND EXCHANGE COMM 175 WEST JACKSON BLVD SUITE 900 CHICAGO, ILLINOIS 60604 GEORGE H. TARPLEY COX SMITH MATTHEWS INC. 1201 ELM ST., #3300 DALLAS, TX 75270 LAURIE SPINDLER HUFFMAN LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 2323 BRYAN STREET, SUITE 1600 DALLAS, TX 75201 JAMES P. HANSON 5824 COLD WATER DRIVE CASTRO VALLEY, CA 94552-1807 ERIC A.LIEPINS ERIC A.LIEPINS, P.C. 12770 COIT ROAD, SUITE 950 DALLAS, TEXAS 75251 MICHAEL A. MCCONNELL KELLY HART &HALLMAN PC 201 MAIN STREET, SUITE 2500 FORT WORTH, TEXAS 76102 RONALD J. MILLER 772 WESTRAY DR. WESTERVILLE, OH 43081 JERRY C. CARTER JENKINS & CARTER 501 HAMMILL LANE RENO, NV 89511 NATHAN JENKINS JENKINS & CARTER 501 HAMMILL LANE RENO, NV 89511 DANIEL J. SHERMAN SHERMAN & YAQUINTO, LLP 509 N. MONTCLAIR AVENUE DALLAS, TEXAS 75208 Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 11 of 19
  12. 12. LEPERCQ CORPORATE INCOME FUND C/O DAVID F. STABER and CLAYTON D. KETTER AKIN GUMP, ET AL., LLP 1700 PACIFIC AVE., #4100 DALLAS, TX 75201 DUSTIN L. PAYNE, ATTORNEY 6777 CAMP BOWIE BLVD., SUITE 215 FORT WORTH, TEXAS 76116 WILLIAM MAXWELL C/O WILLIAM MAXWELL, PLLC 1300 MCGOWAN HOUSTON, TX 77004 DANIEL P. ELMS, HEATHER H. JOBE BELL NUNNALLY &MARTIN LLP 1400ONE MCKINNEY PLAZA 3232 MCKINNEY AVENUE DALLAS, TEXAS 75204-2429 JAMES HANSON C/O DANIEL J. SHERMAN SHERMAN & YAQUINTO, L.L.P. 509 N. MONTCLAIR AVENUE DALLAS, TX 75208-5498 DERREL LUCE LAW OFFICE OF DERREL LUCE 4600 BOSQUE BLVD., SUITE 2B WACO, TEXAS 76710 BOWNE OF DALLAS, L.P. C/O GAIL B. PRICE, BRONWEN PRICE 2600 MISSION ST., #206 SAN MARINO, CA91108 Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 12 of 19
  13. 13. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 13 of 19 EXHIBIT A
  14. 14. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 14 of 19
  15. 15. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 15 of 19
  16. 16. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 16 of 19 EXHIBIT B
  17. 17. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 17 of 19
  18. 18. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 18 of 19 EXHIBIT C
  19. 19. Case 09-33918-hdh11 Doc 1014 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 19 of 19
  20. 20. 1 #4811-1954-2299 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In re: § Chapter 11 § FIRSTPLUS FINANCIAL GROUP, INC., § Case No. 09-33918-HDH § Debtor. § ORDER ALLOWING THIRD APPLICATION OF LYNN TILLOTSON PINKER & COX, LLP FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE PERIOD FROM SEPTEMBER 1, 2012 THROUGH APRIL 30, 2014 Came on for consideration this _____ day of _______________, 2014, the Third Application of Lynn Tillotson Pinker & Cox, LLP for Allowance of Compensation and Reimbursement of Expenses (the “Application”) filed on June 3, 2014 [Docket No. ___]. After due notice and hearing, this Court having considered such Application, the representations of Lynn Tillotson Pinker & Cox, LLP and all matters on file, the Court finds and concludes that the fees and expenses set forth in the Application are reasonable and necessary and good cause exists Case 09-33918-hdh11 Doc 1014-1 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 1 of 2
  21. 21. 2 #4811-1954-2299 for the allowance thereof. The Court finds that all necessary parties were served with notice of the Application, that no further notice need be given, and that no objection or responsive pleading was filed. It is therefore, ORDERED that Lynn Tillotson Pinker & Cox, LLP be and hereby is awarded Attorney’s Fees in the amount of $1,000,000.00 representing its contingency fee interest of the Liquidating Trust’s settlement with Olshan Frome Wolosky LLP f/k/a Olshan Grundman Frome Rozenzweig & Wolosky, LLP and David Adler. It is further ORDERED that Lynn Tillotson Pinker & Cox, LLP be and hereby is awarded Reimbursement of Expenses in the amount of $2,958.01. It is further ORDERED that the Trustee is hereby authorized to pay Lynn Tillotson Pinker & Cox, LLP the amount of $1,002,958.01 as third interim payment. ### END OF ORDER### Order drafted by: John Volney (jvolney@lynnllp.com) Lynn Tillotson Pinker & Cox, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 (214) 981-3800 Telephone (214) 981-3839 Facsimile Attorney for Matthew D. Orwig, Liquidating Trustee for the Estate of FirstPlus Financial Group, Inc. Case 09-33918-hdh11 Doc 1014-1 Filed 06/03/14 Entered 06/03/14 13:57:21 Page 2 of 2

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