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Case 13-30466 Document 120 Filed in TXSB on 08/30/13 Page 1 of 5


CASE NO. 13-30466 Chapter 11

DEBTOR’S APPLICATION TO EMPLOY APPRAISER, NATIONAL REALTY CONSULTANTS TO THE HONORABLE JEFF BOHM, CHIEF UNITED STATES BANKRUPTCY JUDGE: IMPERIAL PETROLEUM RECOVERY CORPORATION (“Debtor”) submits this Application to Employ Appraiser, National Realty Consultants (the “Application”) to appraise certain real estate and improvements in Dayton, Texas, in which Debtor owns a 20% interest. This Application is submitted pursuant to Fed. R. Bank. P. 2014, and, in support hereof, Debtor respectfully shows the following: I. JURISDICTION 1. This Court has jurisdiction over this proceeding pursuant to 28 U.S.C. §§ 157 and 1334.

This matter constitutes a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (O). II. PROCEDURAL HISTORY 2. On January 31, 2013 (the “Petition Date”), an involuntary petition was filed under chapter

7 of title 11 of the United States Code against Imperial Petroleum Recovery Corporation (“IPRC”) by Don Carmichael, KK & PK Family, LP, Barry Winston and Gary Emmott (“Petitioning Creditors”). 3. On March 12, 2013, IPRC filed a response to the involuntary petition (ECF Document No.

10). On April 3, 2013, an order for relief was entered and the case was converted to a chapter 11 upon motion of the Debtor (ECF Document Nos. 21 and 22). 4. On May 23, 2013, the Court entered an order approving Debtor’s applications to employ


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Pendergraft & Simon as general bankruptcy counsel and Jayson & Frisby as accountants (ECF Document Nos. 65 and 66). 5. On July 24, 2013, the Court approved Debtor’s application to employ Eric Yollick as special

counsel (ECF Document No. 109). 6. No trustee has been appointed in this case. Debtor is operating its business as debtor-in-

possession pursuant to 11 U.S.C. §§ 1107 and 1108. III. PROFESSIONAL TO BE EMPLOYED AND SERVICE TO BE RENDERED 7. Debtor seeks to employ National Realty Consultants (“NRC”), a commercial real estate

appraisal and services firm. Debtor seeks to employ NRC to prepare an appraisal of the market value of certain real estate and improvements, including a bio diesel plant, located at 138 Seaberg Industrial Road, Dayton, TX 77535, which is owned by Agribiofuels, LLC (“ABF”). 8. NRC’s offices are located at 4543 Post Oak Blace, Suite 232, Houston, TX 77027. The

telephone number is 281-497-2200 and the fax number is 713-627-8454. 9. NRC is not being retained at this time to provide expert testimony or opinions, although

Debtor is not waiving any right to retain NRC in the future as an expert witness. IV. PERIOD OF EMPLOYMENT 10. Debtor’s seeks authority to employ NRC as of the date of the filing of this application. V. NECESSITY FOR EMPLOYMENT AND REASON FOR SELECTION 11. The property to be appraised is owned by Agribiofuels, LLC, of which Debtor owns a

20% interest. Debtor requires an accurate appraisal of this property in order to properly value its interest. Debtor chose NRC to perform the appraisal because NRC is experienced in providing accurate and reliable valuations such as the one sought by Debtor in this case.


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VI. PROPOSED ARRANGEMENT FOR COMPENSATION 12. Debtor desires to employ NRC to provide the above-described services for a flat fee of

$18,000 payable as follows: $8,000 to be paid as a retainer upon approval of this application and prior to the services being provided, and $10,000 to be paid upon confirmation of the Debtor’s plan of reorganization. A copy of the proposed engagement agreement is attached hereto as Exhibit A. VII. PROFESSIONAL’S CONNECTION TO DEBTOR AND OTHERS 13. 14. NRC has no prior connection with Debtor. To the best of Debtor’s knowledge, NRC has no connection with the creditors or any

other party in interest, their respective attorneys or accountants, the United States Trustee, or any person employed in the office of the United States Trustee, other than as outlined in the attached Declaration. 15. To the best of Debtor’s knowledge, NRC represents no interest adverse to the Debtor or

to the estate in matters upon which it is to be engaged for Debtor, and its employment would be in the best interest of this estate. 16. NRC does not have any agreements or arrangements with any third parties for the

payment of any fees herein. 17. Attached hereto as Exhibit B, in support of this Application, pursuant to Federal Rule of

Bankruptcy Procedure 2014(a), is the Declaration of Ronald P. Little, MAI, the President of NRC.

WHEREFORE, the Debtor prays that it be authorized to employ NRC on the terms set forth herein to render the appraisal services as described above, with compensation and reimbursement of expenses to be paid as an administrative expense, in such amounts as set forth herein or as this Court may hereafter determine and allow, pursuant to the provisions of 11 U.S.C. § 330.


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August 30, 2013

/s/ Leonard H. Simon Leonard H. Simon, Esq. TBN: 18387400; SDOT No. 8200 THE RIVIANA BUILDING 2777 Allen Parkway, Suite 800 Houston, Texas 77019 Telephone No. (713) 528-8555 Telecopy No. (832) 202-2810 Email:

OF COUNSEL: PENDERGRAFT & SIMON, LLP THE RIVIANA BUILDING 2777 Allen Parkway, Suite 800 Houston, Texas 77019 Telephone No. (713) 528-8555 Telecopy No. (832) 202-2810


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CERTIFICATE OF SERVICE The undersigned, an attorney, hereby certifies that, pursuant to BLR 9003-1, on August 30, 2013, a true and correct copy of the above and foregoing was served electronically by the CM/ECF system on the U.S. Trustee and the attorney for the U.S. Trustee, and on all other parties receiving notice of filings in this case.

/s/ Leonard H. Simon Leonard H. Simon