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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 1 of 11



UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION
www.flsb.uscourts.gov



In re:

ARROW AIR, INC. AND
ARROW AIR HOLDINGS CORP.1


__________________________________/


Debtors.

Chapter 11

Case No. 10-28831-BKC-AJC
Case No. 10-28834-BKC-AJC

(Jointly Administered under
Case number10-28831-AJC )



APPLICATION FOR APPROVAL OF EMPLOYMENT OF GLENN D. MOSES, ESQ.
AND THE LAW FIRM OF GENOVESE, JOBLOVE & BATTISTA, P.A., AS COUNSEL

FOR THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS

Pursuant to 11 U.S.C '' 327 and 1103, Fed. R. Bankr. P. 2014 and Local Rule 2014-1, the

Official Committee of Unsecured Creditors (the “Committee”) of the jointly administered Debtors,

Arrow Air, Inc. and Arrow Air Holdings Corp. (collectively, the “Debtors”), applies to this Court for

approval of the employment of Glenn D. Moses, Esq. and the law firm of Genovese, Joblove &

Battista, P.A. (collectively, the “Applicant”) as counsel to the Committee nunc pro tunc to July 14,

2010, the date services were first rendered, and states as follows:

1.

On June 30, 2010 (the “Petition Date”), each of the Debtors filed a voluntary petition

for relief under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the

Southern District of Florida. Since that time, the Debtors have operated as debtors-in-possession

pursuant to sections 1107 and 1108 of the Bankruptcy Code.

2.

The Debtors’ chapter 11 cases have been administratively, but not substantively,

consolidated.

3.

On July 9, 2010, the Office of the United States Trustee constituted and formed the


1 The last four digits of the taxpayer identification number for Arrow Air, Inc. is 9045 and Arrow Air Holdings
Corp. is 0895. The Debtors’ address is 1701 NW 63rd Avenue, Building 712, Miami, FL 33126.

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 2 of 11



Committee.

4.

The Committee desires to retain the Applicant as its counsel to advise and represent

the Committee in these bankruptcy cases, as more fully set forth herein.

5.

The Applicant has substantial experience and expertise in chapter 11 cases in Florida,

and throughout the United States, and is qualified to act as counsel for the Committee in these

chapter 11 cases. The Committee submits that the Applicant is uniquely qualified to serve as

counsel to the Committee, due to its experience and expertise in complex chapter 11 bankruptcy

cases and their familiarity with the facts and circumstances of these Chapter 11 cases.

6.

As set forth in the Affidavit of Glenn D. Moses, Esq. submitted herewith (the “Moses

Affidavit”), Applicant does not hold or represent any interest adverse to the Debtors or their estates.

7.

As further set forth in the Moses Affidavit, the Applicant is “disinterested” as such

term is defined in 11 U.S.C. ' 101(14) and, except as set forth therein, has no connection with the

Debtors, their creditors or any other party in interest.

8.

The services of Applicant are necessary to enable the Committee to execute faithfully

its duties. Subject to order of this Court, Applicant will be required to render, among others, the

following services to the Committee:









(a)

(b)

(c)

(d)

advise the Committee with respect to its rights, powers, and duties in these
Chapter 11 cases;

assist and advise the Committee in its consultations with the Debtors relative
to the administration of these Chapter 11 cases;

assist the Committee in analyzing the claims of the Debtors’ creditors and in
negotiating with such creditors;

assist with the Committee=s investigation of the acts, conduct, assets,
liabilities, and financial condition of the Debtor and of the operation of the
Debtors’ business;

(e)

assist the Committee in its analysis of, and negotiations with, the Debtors

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 3 of 11

and/or any third party concerning matters related to, among other things, the
use of cash collateral, debtor in possession financing, the liquidation of assets
and the terms of a plan or plans of reorganization;

assist and advise the Committee with respect to its communications with the
general creditor body regarding significant matters in these Chapter 11 cases;

represent the Committee at all hearings and other proceedings in these
Chapter 11 cases;

review and analyze all applications, motions, orders, statements of
operations, and schedules filed with the Court and advise the Committee as to
their propriety;

assist the Committee in preparing pleadings and applications as may be
necessary in furtherance of the Committee=s interests and objectives; and

perform such other legal services as may be required and are deemed to be in
the interests of the Committee in accordance with the Committee=s powers
and duties as set forth in the Bankruptcy Code.

(f)

(g)

(h)

(i)

(j)

9.

It is respectfully submitted that the retention of the Applicant is necessary and in the

best interests of the Committee and the Debtors’ estates. The Committee believes that the Applicant

is qualified to represent its interests.

10.

The Committee proposes that compensation be awarded to the Applicant after the

filing of interim and/or final application(s) and a hearing consistent with the requirements of

11U.S.C. '' 327, 330 and 331, Bankruptcy Rules 2002, 2016 and Local Rules 2016-1 and any order

of this Court.

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 4 of 11

Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 5 of 11



CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served to all parties

on the attached Master Service List, via First-Class U.S. Mail, facsimile and/or CM./ECF, this 16th

day of July, 2010.




/s/ Glenn D. Moses


Glenn D. Moses, Esq.







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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 6 of 11

Service List

Debtor
Arrow Air, Inc.
1701 NW 63rd Avenue
Building 712
Miami, FL 33126
Tax ID / EIN: 59-2929045
aka
Arrow Cargo

Counsel for Debtors
Blaine F. Bates, Esq.
Doug H. Edwards, Esq.
Kelli M. Stephenson, Esq.
Kenric D. Kattner, Esq.
Kourtney Lyda, Esq.
Haynes and Boone, LLP
1221 McKinney #2100
Houston, TX 77010

Co-Counsel for Debtors
Jordi Guso, Esq.
Berger Singerman, P.A.
200 S Biscayne Blvd #1000
Miami, FL 33131
(305) 755-9500
Email: [email protected]

U.S. Trustee
Office of the US Trustee
51 S.W. 1st Ave.
Suite 1204
Miami, FL 33130
(305) 536-7285

Notices of Appearance
Jonathan C. Vair, Esq.
[email protected]
Ileana Cruz-Bongini, Esq
[email protected]
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Miami Leasing, Inc.
Museum Tower, Suite 2200
150 West Flagler Street
Miami, Florida 33131-2335
Telephone: (305) 789-3200
Facsimile: (305) 789-3395

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 7 of 11

Service List

Andrea Horowitz Handel
United States Department of Justice
Civil Division
P.O. Box 875
Ben Franklin Station
Washington, DC 20044
Tel: (202) 307-0358
Fax: (202) 514-9163
Email: [email protected]

Melinda S. Thornton
Assistant County Attorney
County Attorney's Office
2810 Stephen P. Clark Center
111 N. W. First Street
Miami, FL 33128-1993
Telephone: (305) 375-5151
Telefax: (305) 375-5611
E-Mail (direct): [email protected]
E-Mail (CM/ECF): [email protected]

Ronald T. Bevans, Jr.
Law Offices of Ronald T. Bevans, Jr., P.A.
1221 Brickell Avenue, Suite 2660
Miami, FL 33131-3259
Tel: 305-374-7535
Fax: 305-374-9869/8403
E-mail: [email protected]


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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 8 of 11

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION
www.flsb.uscourts.gov



In re:

ARROW AIR, INC. AND
ARROW AIR HOLDINGS CORP.1


__________________________________/


Debtors.

Chapter 11

Case No. 10-28831-BKC-AJC
Case No. 10-28834-BKC-AJC

(Jointly Administered under
Case number10-28831-AJC )

AFFIDAVIT OF GLENN D. MOSES, ESQ., ON BEHALF OF GENOVESE

JOBLOVE & BATTISTA, P.A., AS PROPOSED COUNSEL FOR THE OFFICIAL

COMMITTEE OF UNSECURED CREDITORS



STATE OF FLORIDA



COUNTY OF MIAMI-DADE


)
) ss:
)

GLENN D. MOSES, being duly sworn, deposes and say:

1.

I am an attorney and shareholder in the law firm of Genovese Joblove & Battista,

P.A. (“GJB”). GJB maintains offices for the practice of law at Miami Tower, 100 Southeast Second

Street, Suite 4400, Miami, Florida 33131 and National City Center, 200 East Broward Boulevard,

Suite 1110, Fort Lauderdale, Florida 33301.

2.

I am familiar with the matters set forth herein and submit this Affidavit in support of

the Application of the Official Committee of Unsecured Creditors (the “Committee”) of the jointly

administered Debtors, Arrow Air, Inc. and Arrow Air Holdings Corp. (collectively, the “Debtors”)

for Employment of GJB as Counsel for the Committee (the “Application”).

3.

In support of the Application, I disclose the following:


1 The last four digits of the taxpayer identification number for Arrow Air, Inc. is 9045 and Arrow Air Holdings
Corp. is 0895. The Debtors’ address is 1701 NW 63rd Avenue, Building 712, Miami, FL 33126.

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 9 of 11

a.

Unless otherwise stated, this Affidavit is based upon facts of which I have

personal knowledge.

b.

In preparing this Affidavit, I have reviewed the list of all creditors and equity

security holders of the Debtors that have been made available to date. GJB maintains a

computerized conflicts check system. GJB has compared the information obtained thereby with the

information contained in its client and adverse party conflict check system. The facts stated in this

Affidavit as to the relationship between GJB and the Debtors, the Debtors’ creditors, the United

States Trustee, other persons employed by the Office of the United States Trustee, and those persons

and entities who are defined as disinterested persons in Section 101(14) of the Bankruptcy Code, are

based on the results of my review of GJB=s conflict check system. Based upon such search, GJB

does not represent any entity in any matter involving or adverse to the Debtors or which would

constitute a conflict of interest or impair the disinterestedness of GJB in respect of its representation

of the Committee herein.

4.

GJB=s client and adverse party conflicts check system is comprised of records

regularly maintained in the course of business by GJB, and it is the regular practice of GJB to make

and maintain these records. The system reflects entries that are noted at the time the information

becomes known by persons whose regular duties include recording and maintaining this information.

I am one of the persons responsible for the supervision of the department of GJB which keeps this

system up to date, and I regularly use and rely upon the information contained in the system in the

performance of my duties with GJB and in my practice of law.

5.

A search of GJB’s conflicts check system and the responses from attorneys at GJB

revealed that GJB neither holds nor represents any interest adverse to the Debtors and is a

“disinterested person” within the scope and meaning of Section 101(14) of the Bankruptcy Code.

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 10 of 11

6.

Pre-petition, GJB represented Atlantic Aviation Investments LLC, an affiliate of

LAN Airlines, S.A. (“LAN”), in a matter wholly unrelated to this case. Such representation has

concluded. LAN is an unsecured creditor of the Debtors. GJB has not and will not represent LAN

in connection with these bankruptcy proceedings.

7.

Neither I nor GJB has or will represent any other entity in connection with these

cases, and neither I nor GJB will accept any fee from any other party or parties in these cases, unless

otherwise authorized by the Court.

8.

The professional fees and costs to be incurred by GJB in the course of its

representation of the Committee in this case shall be subject in all respects to the application and

notice requirement of 11 U.S.C. '' 330 and 331 and Fed. R. Bank. P. 2014 and 2016.

9.

The hourly rates for the attorneys at GJB range from $200 to $550 per hour. The

hourly rates for the legal assistants at GJB range from $125 to $180. GJB reserves the right to

increase its hourly rates in accordance with its normal and customary business practices.

10.

There is no agreement of any nature as to the sharing of any compensation to be paid

to GJB, except between the attorneys of GJB. No promises have been received by GJB, nor any

member or associate thereof, as to compensation in connection with these cases other than in

accordance with the provisions of the Bankruptcy Code.

11.

No attorney at GJB holds a direct or indirect equity interest in the Debtors, including

stock or stock warrants, or has a right to acquire such an interest.

12.

No attorney at GJB is or has served as an officer, director or employee of the Debtors

within two years before the Petition Date.

13.

No attorney at GJB is in control of the Debtors or is a relative of a director, officer or

person in control of the Debtors.

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Case 10-28831-AJC Doc 101 Filed 07/16/10 Page 11 of 11