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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK : Chapter 11 : : Case No. 13-10268 : : : :

In re WineCare Storage LLC, Debtor.

 

ORDER AUTHORIZING SCHULTE ROTH & ZABEL LLP TO WITHDRAW AS COUNSEL TO WINECARE STORAGE LLC Upon the amended application of Schulte Roth & Zabel LLP ("Schulte"), dated October 8, 2013 (the "Amended Application"),1 for an order authorizing Schulte to withdraw as counsel to WineCare Storage LLC ("WineCare"); and the Court having jurisdiction to consider the Amended Application and the relief requested therein pursuant to 28 U.S.C. §1334; and the Amended Application being a core proceeding under 28 U.S.C. §157(b); and venue being proper before the Court pursuant to 28 U.S.C. §§1 1408 and 1409; and due and proper notice of the Amended Application having been provided, and no other or further notice need be provided; and the Court having found that Schulte has demonstrated cause to withdraw as counsel to WineCare; and upon the record of the hearing on the Amended Application; and after due deliberation thereon; and sufficient cause appearing therefor: IT IS HEREBY ORDERED THAT 1. The Amended Application is granted.

                                                            
Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Amended Application.
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2.

Subject only to Paragraph 3 below, Schulte is authorized to withdraw as

counsel to WineCare for good cause shown under Rule 2090-1 of the Local Bankruptcy Rules for the Southern District of New York. 3. Schulte's withdrawal shall become effective, without further act by any

person or entity, upon the earlier of (a) the Substitute Counsel Effective Date, and (b) the date on which the Court enters an order providing for the protection of, and orderly access of WineCare’s clients to, the property of such clients through the implementation of a recovery plan, which may be an order authorizing the conversion of this case to a case under Chapter 7 of the Bankruptcy Code. For purposes of this paragraph, "Substitute Counsel Effective Date" shall mean the earlier to occur of (i) the date on which substitute counsel retained by WineCare files a "Notice of Substitution of Counsel" on the docket in this case, and (ii) the date on which the Court enters an order authorizing WineCare to retain substitute counsel. 4. Any retaining or charging lien asserted by Schulte against WineCare to

secure repayment of Schulte's allowed fees and expenses shall not extend to any property that is not an asset of WineCare or to any records necessary to provide WineCare's clients access to their property. 5. The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry.

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6.

This Court retains jurisdiction with respect to all matters arising from or

related to the implementation of this Order.

Dated: New York, New York November 14, 2013 s/ Robert E. Gerber UNITED STATES BANKRUPTCY JUDGE
 

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