*1 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF WASHINGTON Case No. 18-03197-11 In Re: Chapter 11 GIGA WATT INC. ORDER AUTHORIZING
COMMITTEE TO FILE Debtor in Possession ADVERSARY PROCEEDING AGAINST DOUGLAS COUNTY PUD FOR THE BENEFIT OF THE BANKRUPTCY ESTATE This matter having come on regularly for hearing on the motion of the Committee of Unsecured Creditors for the Court to authorize the Committee to file and pursue litigation against the Douglas County PUD, for the benefit of the bankruptcy estate, in lieu of the Chapter 11 Trustee (the “Motion”), the Court ORDER AUTHORIZING COMMITTEE TO PURSUE LITIGATION -
PAGE 1 18-03197-FPC7 Doc 543 Filed 04/10/20 Entered 04/10/20 01:03:39 Pg 1 of 2 *2 1 being fully advised in the premises, and having considered any objections and 2 finding cause exists to grant the Motion, THE COURT HEREBY FINDS: 3
4 1. The Committee has established that a colorable claim exists that 5 litigation against the Douglas County Public Utility District would 6 be successful;
7 8 2. The Chapter 11 Trustee has chosen not to undertake such litigation; 9 3. The Committee has identified legal counsel to prosecute such
litigation on a contingent fee basis; 4. Therefore, the Committee should be authorized to pursue this litigation in lieu of the Chapter 11 Trustee, for the benefit of the bankruptcy estate.
5. Such contingent fee employment shall be presented to the Court for approval by separate application.
///END OF ORDER///
Presented By:
SALISH SEA LEGAL PLLC
/s/ Ben Ellison Benjamin A. Ellison, WSBA #4815 ______
Attorney for the Committee
ORDER AUTHORIZING COMMITTEE TO PURSUE LITIGATION -
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