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Case 12-19882 Doc 99 Filed 01/25/13 Entered 01/25/13 14:53:04 Desc Main Document Page 1 of 2 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. 1
Case 12-19882 Doc 99 Filed 01/25/13 Entered 01/25/13 14:53:04 Desc Main Document Page 2 of 2 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 2