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Presentment Date and Time: May 21, 2012 at 12:00 p.m. Objection Deadline: May 14, 2012 at 4:00 p.m.

PACHULSKI STANG ZIEHL & JONES LLP 10100 Santa Monica, Boulevard, 11th Floor Los Angeles, California 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 James I. Stang, Esq. (admitted pro hac vice) -and780 Third Avenue, 36th Floor New York, New York 10017 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 Ilan D. Scharf, Esq. Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and Christian Brothers of Ireland, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. NOTICE OF PRESENTMENT OF APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF BERKELEY RESEARCH GROUP, LLC AS ACCOUNTANT AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS PLEASE TAKE NOTICE that the undersigned will present the annexed Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Berkeley Research Group, LLC as Accountant and Financial Advisor to the Official Committee of Unsecured Creditors (the Application) to the Honorable Robert D. Drain, United States Bankruptcy Judge, for signature on May 21, 2012 at 12:00 p.m. Case No. 11-22820 (RDD) (Jointly Administered)

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PLEASE TAKE FURTHER NOTICE that responses or objections, if any, to the Application must be in writing, must conform to the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules) and the Local Rules of the Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), must set forth the name of the objecting party, the nature and amount of claims or interests held or asserted by the objecting party against the Debtors estate or property, the basis for the objection and the specific grounds therefor and must be filed with the Bankruptcy Court, no later than May 14, 2012 at 4:00 p.m., electronically in accordance with applicable rules and orders of the Bankruptcy Court, and any objection must further be served upon and actually received by the following parties (with a copy to Chambers) no later than May 14, 2012 at 4:00 p.m.: (a) Pachulski Stang Ziehl & Jones LLP 780 Third Avenue, 36th Floor, New York, NY 10017-2024 (Attn: Ilan D. Scharf, Esq.); (b) Berkeley Research Group, LLC, 181 W. Madison St., Suite 2950, Chicago, Illinois 60602 (Attn: Adam M/ Tenenbaum, Esq.); and (c) the Office of the United States Trustee for the Southern District of New York, Office of the United States Trustee, 33 Whitehall Street, 21st Floor New York, NY 10004 (Attn: Paul K. Schwartzberg, Esq.).

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PLEASE TAKE FURTHER NOTICE that, if no objections to the Application are timely filed, served and received in accordance with this Notice, the Bankruptcy Court may approve the Application without further notice or hearing.

Dated:

New York, New York May 2, 2012

PACHULSKI STANG ZIEHL & JONES LLP /s/ Ilan D. Scharf James I. Stang, Esq. 10100 Santa Monica Boulevard, 11th Floor Los Angeles, California 90067 Telephone: (310) 277-6910 Facsimile: (310) 201-0760 - and Ilan D. Scharf, Esq. 780 Third Avenue, 36th Floor New York, New York 10017 Telephone: (212) 561-7700 Facsimile: (212) 561-7777 Counsel for the Official Committee of Unsecured Creditors of The Christian Brothers Institute and Christian Brothers of Ireland, Inc.

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Presentment Date and Time: May 21, 2012 at 12:00 p.m. Objection Deadline: May 14, 2012 at 4:00 p.m.

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Case No. 11-22820 (RDD) Debtors. (Jointly Administered)

APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF BERKELEY RESEARCH GROUP, LLC AS ACCOUNTANT AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS The Official Committee of Unsecured Creditors (the Committee) appointed in the above-captioned cases (the Cases) of The Christian Brothers Institute (CBI) and The Christian Brothers of Ireland, Inc. (CBOI and, together with CBI, the Debtors), hereby submits this Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Berkeley Research Group, LLC (BRG) as Accountant and Financial Advisor to the Official Committee of Unsecured Creditors (the Application). In support of its Application, the Committee relies on the Declaration of Adam M. Tenenbaum (the Tenenbaum Declaration) attached hereto as Exhibit A and respectfully represents as follows: I. 1. JURISDICTION

The Court has jurisdiction over this Application pursuant to 28 U.S.C.

157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue of this proceeding and this Application is proper in this District pursuant to 28 U.S.C. 1408 and 1409. The statutory bases for the relief requested herein are sections 328, 504, 1102, 1
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and 1103 of Title 11 of the United States Code (the Bankruptcy Code) and Rules 2014 and 2016 of the Federal Rule of Bankruptcy Procedure (the Bankruptcy Rules). II. 2. BACKGROUND

On April 28, 2011, the Debtors filed voluntary petitions for relief under

chapter 11 of the Bankruptcy Code. The Debtors have continued in the possession of their property and have continued to operate and manage their business as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in these Cases. 3. On May 11, 2011, the Office of the United States Trustee (the U.S.

Trustee) appointed the Committee pursuant to section 1102 of the Bankruptcy Code. The Committee retained Pachulski Stang Ziehl & Jones LLP (PSZJ) as counsel to represent the Committee in all matters during the pendency of the Cases. The Court has approved the Committees retention of PSZJ. 4. The purpose of these Cases is to address the Debtors liabilities for abuse

perpetrated by Christian Brothers or others for whom the Debtors are responsible. III. 5. RELIEF REQUESTED AND BASIS FOR RELIEF By this Application, the Committee seeks to employ and retain BRG as its

accountant and financial advisor on the terms set forth in this Application. The Committee understands that BRG will seek compensation from the Debtors estates and reimbursement of expenses incurred on the Committees behalf, subject to the applicable orders, guidelines, and procedures in these Cases. 6. The Committee is familiar with the professional standing and reputation of

BRG and understands and recognizes that BRGs professionals have a wealth of experience in 2
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providing financial advisory services in restructurings and reorganizations, and has an excellent reputation for services it has rendered in large and complex chapter 11 cases on behalf of debtors and creditors throughout the United States. Moreover, the Committee is aware that a portion of BRGs advisors who will be working on this Bankruptcy Case have prior experience in other diocesan or religious order bankruptcy cases, including (i) appointment as the accountant and consultants for the bankruptcy courts expert appointed pursuant to Federal Rule of Evidence 706 in In re The Roman Catholic Bishop of San Diego (Bankr. S.D. Cal., Case No. 07-00939LA11) (the San Diego Case) and (ii) financial advisor to the official committees of unsecured creditors in In re Society of Jesus, Oregon Province (Bankr. D. Or., Case No. 09-30938-elp11), In re Catholic Diocese of Wilmington, Inc. (Bankr. D. Del., Case No. 09-13560 (CSS)) (the Wilmington Case), and In re Archdiocese of Milwaukee (Bankr. E.D.Wis., Case No. 1120059-svk).1 R. Todd Neilson, a member of BRG, was appointed as the courts expert in the San Diego Case. In June 2010, Mr. Neilson, testified as an expert witness on behalf of the creditors committee in an adversary proceeding brought in the Wilmington Case. The committee in the Wilmington Case prevailed on its claim that more than $100 million held in trust in the Catholic dioceses investment account was property of the estate. See Official Committee of Unsecured Creditors v. Catholic Diocese of Wilmington (In re Catholic Diocese of Wilmington, Inc.), 432 B.R. 135 (Bankr. Del. 2010). 7. Based on these facts, the Committee believes that BRG is exceedingly

well-qualified to render the services described below.

During certain of these engagements, the BRG advisors were part of LECG, LLC. Effective on or about March 1, 2011, this group of advisors transferred its practice from LECG, LLC to BRG.

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8.

The professional services that BRG will render to the Committee include,

but shall not be limited to, the following: a. advising the Committee in the review of financial related disclosures

required by the Court and/or Bankruptcy Code, including the Schedules of Assets and Liabilities, the Statement of Financial Affairs, and Monthly Operating Reports; b. analyzing the Debtors accounting reports and financial statements to

assess the reasonableness of the Debtors financial disclosures; c. providing forensic accounting and investigations with respect to

transfers of the Debtors assets and recovery of property of the estate; d. advising the Committee in evaluating the Debtors ownership

interests of property alleged to be held in trust by the Debtors for the benefit of third parties and/or property alleged to be owned by non-debtor juridic entities; e. advising the Committee in the evaluation of the Debtors

organizational structure, including its relationship with the Related Entities (defined below) and other non-debtor organizations and charities; f. systems; g. liabilities; h. advising the Committee in the review of financial information that advising the Committee in analyzing the Debtors assets and advising the Committee in evaluating the Debtors cash management

the Debtors may distribute to creditors and others, including, but not limited to, cash flow projections and budgets, cash receipts and disbursement analyses, analyses of various asset and liability accounts, and analyses of proposed transactions for which Court approval is sought; 4
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i.

attendance at meetings and assistance in discussions with the

Debtors, the Committee, the U.S. Trustee, and other parties in interest and professionals hired by the above-noted parties as requested; j. advising in the review and/or preparation of information and

analyses necessary for the confirmation of a plan, or for the objection to any plan filed in these Cases which the Committee opposes; k. advising the Committee in investigating the assets, liabilities and

financial condition of the Debtors, the Debtors operations and the desirability of the continuance of any portion of those operations; l. advising the Committee with the evaluation and analysis of claims

(including any alleged pension claims and/or obligations of the Debtors), and on any litigation matters, including, but not limited to, avoidance actions for fraudulent conveyances and preferential transfers, and actions concerning the property of the Debtors estates; m. advising the Committee with respect to any adversary proceedings

that may be filed in the Debtors Cases; n. in these Cases; and o. investigating the nature of the Debtors financial relationship with providing such other services to the Committee as may be necessary

the Christian Brothers Foundation and Community Support Corporation (the Related Entities) in order to assess whether there is a basis to assert that the assets of the Related Entities maybe recovered for the benefit of the Debtors creditors.

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9.

BRG intends to work closely with the Committees other professionals to

ensure that there is no unnecessary duplication of services performed or charged to the Debtors estates. 10. The Committee submits that it is necessary to employ BRG as its

accountant and financial advisor to ensure that the interests of the Committee, and general unsecured creditors, are adequately represented in an efficient and effective manner. The Committee believes that BRG is well suited to provide accounting and financial advisory services to the Committee in these Cases because of BRGs general reorganization and bankruptcy expertise, its particularized understanding and experience in Catholic diocesan and religious order bankruptcy cases, and its understanding and knowledge of the types of issues that have arisen and are likely to arise in these Cases. IV. 11. BRGS LACK OF ADVERSE INTEREST

Neither BRG nor any of its professionals or paraprofessionals, insofar as

the Committee has been able to ascertain, represent any interest adverse to the Debtors, their estates, their creditors, and the Committee in the matters upon which BRG is to be engaged.2 12. To the best of the Committees knowledge, BRG has no prior connection

with the Debtors, their creditors, or any other party in interest, or their respective attorneys or accountants in the matters upon which it is to be engaged that would in any way disqualify it from representing the Committee. BRG has been the financial advisor to creditors committees in other bankruptcy cases of Catholic diocese or religious orders involving claims based on

The Committee notes that neither it nor its counsel have provided BRG with names of abuse claimants who have filed or may file claims in these Cases in order to preserve those claimants confidentiality. As such, BRG has not investigated whether it has a conflict with any claimant whose identity is confidential. However, the possibility of any conflict is highly remote.

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sexual abuse. Counsel to sexual abuse claimants in these Cases may have represented (or currently represent) sex abuse claimants in cases in which BRG was retained as the financial advisor to the creditors committee. 13. BRG has indicated a willingness to act as a consultant on the Committees

behalf in accordance with the terms of this Application. V. 14. COMPENSATION

Subject to Court approval in accordance with section 330(a) of the

Bankruptcy Code, compensation will be payable to BRG on an hourly basis, plus reimbursement of BRGs actual, necessary expenses and other charges it incurs. BRGs schedule of 2012 billing rates are as follows 3: a. b. c. d. e. Principals/Directors Senior Managing Consultants Consultants/Managing Consultants Associates/Senior Associates Paraprofessionals $605-785 per hour; $355-470 per hour; $270-350 per hour; $250-275 per hour; and $105-175 per hour.

These rates are set at a level designed to fairly compensate BRG for the work of its professionals and paraprofessionals, and to cover fixed and routine overhead expenses. It is BRGs policy to charge its clients in all areas of practice for all other expenses incurred in connection with the clients case. 15. Subject to Court approval in accordance with section 330(a) of the

Bankruptcy Code, compensation will be payable to BRG on an hourly basis, plus reimbursement of BRGs actual, necessary expenses and other charges it incurs. BRG periodically adjusts its
3

BRGs rates are subject to periodic adjustments to reflect economic and other conditions.

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rates to reflect economic and other conditions. BRG will provide notice to the Court of any adjustment of its hourly rates and will serve such notice upon the U.S. Trustee, the Debtors, the Committee, and any persons otherwise entitled to service. 16. BRG charges for all expenses incurred in connection with its clients

cases. These expenses include, among other things, conference call charges, mail and express mail charges, special or hand delivery charges, document retrieval charges, photocopying charges, charges for mailing supplies (including, without limitation, envelopes and labels) that BRG provides to outside copying services for use in mass mailings, travel expenses, expenses for working meals, computerized research, transcription costs, and non-ordinary overhead expenses such as secretarial overtime and other staffing overtime. BRG will bill for these expenses in a manner and at rates consistent with those charged to other clients, and in accordance with any rules, orders and guidelines applicable in these Cases. VI. 17. NOTICE

Notice of this Application has been given to (i) the U.S. Trustee; (ii)

counsel to the Debtors; and (iii) those parties requesting notice pursuant to Bankruptcy Rule 2002. The Committee submits that, in light of the nature of the relief requested, no other or further notice need be given. VII. 18. PRIOR REQUEST

The Committee has not made a similar Application in this Court or in any

other court to employ BRG in these Cases.

WHEREFORE, the Committee requests entry of an Order substantially in the form attached hereto, authorizing the Committee to employ and retain BRG as accountant and 8
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financial advisor to the Committee, and granting such other and further relief as is just and proper.

Dated: Seattle, Washington April 30, 2012

/s/ Joseph Shanks Joseph Shanks, in his capacity as Co-Chairman of the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc. /s/ Edwin Fowler Edwin Fowler, in his capacity as Co-Chairman of the Official Committee of Unsecured Creditors of The Christian Brothers Institute and The Christian Brothers of Ireland, Inc.

Dated: Newfoundland, Canada April 30, 2012

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Chapter 11 Case THE CHRISTIAN BROTHERS INSTITUTE, et al., Case No. 11-22820 (RDD) Debtors. (Jointly Administered)

DECLARATION OF ADAM M. TENENBAUM IN SUPPORT OF APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS PURSUANT TO FED. R. BANKR. P. 2014 FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF BERKELEY RESEARCH GROUP, LLC AS ACCOUNTANT AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS ADAM M. TENENBAUM, declares under penalty of perjury as follows: 1. I am Assistant General Counsel of Berkeley Research Group, LLC

(BRG). My business address is Berkeley Research Group, 181 W. Madison St., Suite 2950, Chicago, Illinois 60602. I am authorized by BRG to make this Declaration. Unless otherwise stated, I have personal knowledge of the facts stated in this Declaration. If called as a witness, I could and would testify competently to these facts, except where matters are stated on information and belief. As to those facts, I am informed and believe that they are true. 2. I submit this Declaration in support of the Application of the Official

Committee of Unsecured Creditors for Entry of an Order Authorizing and Approving the Employment of Berkeley Research Group, LLC as Accountant and Financial Advisor to the Official Committee of Unsecured Creditors (the Application). 1 3. BRG is a Nevada limited liability company headquartered in Emeryville,

California. BRG employs more than 360 persons in 19 offices across the world.
1

All terms not otherwise defined in this declaration shall have the meanings ascribed to them in the Application, defined below.

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4.

BRG is a consulting firm that provides independent expert testimony,

litigation and regulatory support, authoritative studies, strategic advice, and document and data analytics to major law firms, Fortune 500 corporations, government agencies, and regulatory bodies around the world. BRG experts and consultants specialize in the provision of sophisticated economic, financial, and analytical advice across a wide range of disciplines including antitrust and competition policy, complex damages, finance, healthcare, intellectual property, valuation, and workforce issues. In addition, BRG advises clients in major industry sectors with compliance, business process improvement, and strategy consulting. 5. The Committee has asked BRG to serve as its accountant and financial

advisor by providing professional services, including, but not limited to, the following: a. advising the Committee in the review of financial related disclosures

required by the Court and/or Bankruptcy Code, including the Schedules of Assets and Liabilities, the Statement of Financial Affairs, and Monthly Operating Reports; b. analyzing the Debtors accounting reports and financial statements to

assess the reasonableness of the Debtors financial disclosures; c. providing forensic accounting and investigations with respect to

transfers of the Debtors assets and recovery of property of the estate; d. advising the Committee in evaluating the Debtors ownership

interests of property alleged to be held in trust by the Debtors for the benefit of third parties and/or property alleged to be owned by non-debtor juridic entities; e. advising the Committee in the evaluation of the Debtors

organizational structure, including its relationship with the Related Entities (defined below) and other non-debtor organizations and charities; 2
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f. systems; g. liabilities; h.

advising the Committee in evaluating the Debtors cash management

advising the Committee in analyzing the Debtors assets and

advising the Committee in the review of financial information that

the Debtors may distribute to creditors and others, including, but not limited to, cash flow projections and budgets, cash receipts and disbursement analyses, analyses of various asset and liability accounts, and analyses of proposed transactions for which Court approval is sought; i. attendance at meetings and assistance in discussions with the

Debtors, the Committee, the U.S. Trustee, and other parties in interest and professionals hired by the above-noted parties as requested; j. advising in the review and/or preparation of information and

analyses necessary for the confirmation of a plan, or for the objection to any plan filed in these Cases which the Committee opposes; k. advising the Committee in investigating the assets, liabilities and

financial condition of the Debtors, the Debtors operations and the desirability of the continuance of any portion of those operations; l. advising the Committee with the evaluation and analysis of claims

(including any alleged pension claims and/or obligations of the Debtors), and on any litigation matters, including, but not limited to, avoidance actions for fraudulent conveyances and preferential transfers, and actions concerning the property of the Debtors estates; m. advising the Committee with respect to any adversary proceedings

that may be filed in the Debtors Cases; 3

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n. in these Cases; and o.

providing such other services to the Committee as may be necessary

investigating the nature of the Debtors financial relationship with

the Christian Brothers Foundation and Community Support Corporation (the Related Entities) in order to assess whether there is a basis to assert that the assets of the Related Entities maybe recovered for the benefit of the Debtors creditors. 6. The terms of BRGs employment agreed to with the Committee, subject to

this Courts approval, are as follows: (i) no retainer has been or will be paid to BRG; (ii) neither the Committee nor any of its members (or their representatives) shall be liable for any fees or costs that BRG incurs; (iii) BRG will charge its regular, hourly rates as set forth as follows: a. b. c. d. e. Principals/Directors Senior Managing Consultants Consultants/Managing Consultants Associates/Senior Associates Paraprofessionals $605-785 per hour; $355-470 per hour; $270-350 per hour; $250-275 per hour; $105-175 per hour; and

(iv) BRG will seek reimbursement of expenses at its cost or as otherwise allowed by the Court. 7. BRG understands that all of its fees and expenses are subject to Court

approval. BRG believes that it is qualified to represent the Committee in light of its extensive experience in chapter 11 cases and, in particular, with regard to the expertise of R. Todd Neilson and Matthew K. Babcock, and their support staff, in Catholic entity-related bankruptcy cases, including Mr. Neilsons appointment as the bankruptcy courts financial expert and his teams employment as his accountant and consultants, pursuant to Federal Rule of Evidence 706, in In re The Roman Catholic Bishop of San Diego (Bankr. S.D. Cal., Case No. 07-00939-LA11); and 4
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(ii) bankruptcy court approval of Messrs. Neilson and Babcocks team to serve as financial advisor to the official committees of unsecured creditors in In re Society of Jesus, Oregon Province (Bankr. D. Or., Case No. 09-30938-elp11), In re Catholic Diocese of Wilmington, Inc. (Bankr. D. Del., Case No. 09-13560 (CSS)), and In re the Archdiocese of Milwaukee (Bankr. E.D.Wis. Case No. 11-20059-svk).2 8. BRG has not received any retainer from any person, or any payment, nor

any promise of payment in relation to these Cases, during the one-year period prior to the filing of the Debtors petitions. No post petition compensation has been paid or promised to be paid from a source other than the estates in these Cases. Neither the Committee nor its members (or any of their representatives) are or will be liable for fees or costs incurred by BRG in its representation of the Committee. 9. BRG has made the following investigation prior to submitting this

affidavit: in connection with the proposed retention of BRG as financial advisor to the Committee, BRG was provided a list of the Debtors non-confidential creditors and other persons identified as parties in interest in the Debtors bankruptcy case. At my direction, employees of BRG processed through BRGs computerized conflict check system the Debtors names as well as the names of the Debtors non-confidential creditors and other parties of interest in these Cases (the Conflicts Search List).3 A true and correct copy of the Conflicts Search List is

During certain of these engagements, the BRG advisors were part of LECG, LLC. Effective on or about March 1, 2011, this group of advisors transferred its practice from LECG, LLC to BRG.
3

Pursuant to the Order Approving Debtors Motion For Order Establishing Deadlines For Filing Proofs of Claim and Approving Form and Manner of Notice Thereof [Docket No. 244] (the Bar Date Order), the identify of Sexual Abuse Victims (as defined in the Bar Date Order) is confidential. As such, BRG cannot perform a conflicts check with respect to Sexual Abuse Victims. BRG does not anticipate that its services will require knowledge of the identity of Sexual Abuse Victim, nor does BRG anticipate that it will render professional services in connection with the particular facts asserted by any Sexual Abuse Victims. Notwithstanding the foregoing BRG will periodically

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attached hereto as Exhibit A. BRG reviewed the results of that processing. BRG has concluded that it does not have any conflicts with any of the entities listed on the Conflicts Search List. 10. Based on the process referred to above, to the best of my knowledge,

information, and belief, I am informed and believe as follows: a. b. BRG has had no previous contact or ties with the Debtors; BRG does not provide services to any entity listed on the Conflicts

Search List that present a conflict with this engagement; c. the Debtors; d. security of the Debtors; e. BRG was not, within three years before the Petition Date, an BRG is not and was not an investment banker for any outstanding BRG is not a creditor, an equity security holder, or an insider of

investment banker for a security of the Debtors, or an accountant or consultant to such investment banker in connection with the offer, sale, or issuance of any security of the Debtors; f. BRG is not and was not, within two years before the Petition Date,

a director, officer, or employee of the Debtors or of an investment banker of the Debtors; g. BRG does not have an interest materially adverse to the interest of

the Debtors or of any class of creditors or equity security holders by reason of any direct or indirect relationship with, connection with, or interest in, the Debtors or any investment banker, or for any other reason.

review claims filed against the Debtors, including claims asserted publicly by Sexual Abuse Victims and promptly disclose any connections.

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h.

Except with respect to certain other bankruptcy engagements

where an BRG consultant acts as a trustee for a debtor or as a consultant to a trustee of a debtor, BRG has no connection with the United States Trustee or persons employed by the Office of the United States Trustee; and i. BRG was not owed any sums by the Debtors for services rendered

or costs advanced on behalf of the Debtors prior to the Petition Date. 11. Because of the size of BRGs business, it is likely that BRG has provided,

is presently providing, and may in the future provide, consulting services to parties listed on the Conflicts Search List or other creditors or parties in interest in the Debtors Cases, which services are unrelated to any matter involving these Cases. BRG understands that it will not be privy to names of abuse survivor claimants who have filed or will file confidential claims in these Cases. However, to the best of my knowledge, none of those prior and current engagements or other dealings makes BRG an interested person under the bankruptcy laws. If BRG identifies a creditor or other party in interest of the Debtors estates that BRG has or is providing consulting services to in connection with this matter, it will promptly disclose such information in writing to the Court and to the Office of the United States Trustee. 12. BRG is currently employed in unrelated cases, including bankruptcy

cases, as expert witnesses and/or consultants, for which other counsel associated with these Cases may be involved. BRG has served as financial advisor to creditors committees in other Church-related bankruptcy cases. Counsel to sexual abuse claimants in those previous engagements by BRG may also represent sexual abuse claimants in these Cases. Specifically, BRG understands the Pfau, Cochran, Vertetis & Amala Attorneys at Law and Jeff Anderson & Associates represent sexual abuse claimants in these Cases and have also represented sexual 7
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abuse claimants in other cases where BRG was retained as a professional. However, the shared representation by sexual abuse claimants in different cases does not give rise to a conflict or adverse interest between the Committee and BRG. 13. BRG and/or principals of BRG who will be involved in these Cases have

been retained in matters where PSZJ also been retained, including, but not limited to, the following: a. In re Solyndra, LLC, et al. (Bankr. D. Del., Case No. 11-12799

(MFW)) (BRG provides restructuring services to debtors; R. Todd Neilson, a member of BRG, serves as Chief Restructuring Officer; PSZJ is counsel to the debtors). b. In re Archdiocese of Milwaukee (Bankr. E.D.Wis., Case No. 11-

20059-svk) (BRG serves as accountant and financial advisor to the creditors committee; PSZJ is counsel to the creditors committee; Pfau, Cochran, Vertetis & Amala Attorneys at Law represents claimants; Jeff Anderson & Associates represents claimants); c. In re R. Esmerian, Inc., et al. (Bankr. S.D.N.Y., Case No. 10-

12719 (RDD)) (Mr. Neilson serves as examiner; BRG serves as financial advisors/accountants to the examiner; PSZJ is counsel to the examiner); d. In re Society of Jesus, Oregon Province (Bankr. D. Or. 09-30938-

elp11) (BRG is financial advisor to the creditors committee; PSZJ is counsel to the creditors committee; Pfau, Cochran, Vertetis & Amala Attorneys at Law represents claimants; Jeff Anderson & Associates represents claimants);

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e.

In re Catholic Diocese of Wilmington, Inc. (Bankr. D. Del. 09-

13560 (CSS)) (LECG was financial advisor to the creditors committee; PSZJ is counsel to the creditors committee);4 f. In re The Harris Agency, LLC (Bankr. E.D. Pa. 09-10384) (Mr.

Neilson served as chapter 11 trustee; PSZJ was counsel to Mr. Neilson); g. In re Galleria USA, Inc. (Bankr. C.D. Cal. 8:09-bk-20651 TA)

(Mr. Neilson of BRG is Chapter 11 Trustee; PSZJ is Mr. Neilsons counsel); h. In re Ezri Namvar (Bankr. C.D. Cal. 2:08-32349-BR) (Mr. Neilson

of BRG is Chapter 11 Trustee; PSZJ is Mr. Neilsons special counsel); i. In re Del Biaggio, III aka Boots Del Biaggio (Bankr. N.D. Cal.

08-30991 (TEC)) (Mr. Neilson is Chapter 11 Trustee; PSZJ represents Mr. Neilson); j. In re BDB Management, LLC (Bankr. N.D. Cal. 08-31001 (TEC))

(Mr. Neilson is Chapter 11 Trustee; PSZJ represents Mr. Neilson); k. In re BDB Management III, LLC (Bankr. N.D. Cal. 08-31002

(TEC)) (Mr. Neilson is Chapter 11 Trustee; PSZJ represents Mr. Neilson); l. In re Estate Financial, Inc. (Bankr. C.D. Cal. 9:08-bk-11457-RR)

(Thomas Jeremiassen, a member of BRG, is trustee; BRG serves as accountants to Mr. Jeremiassen; PSZJ represents Mr. Jeremiassen); m. In re The Roman Catholic Bishop of San Diego (Bankr. S.D. Cal.,

Case No. 07-00939-LA 11) (Mr. Neilson was the bankruptcy courts expert witness; LECG was accountant and consultant to Mr. Neilson; PSZJ represented the creditors committee);

During each of these engagements, the BRG advisors were part of LECG, LLC. Effective on or about March 1, 2011, this group of advisors transferred its practice from LECG, LLC to BRG.

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n.

In re Le-Natures, Inc. et al. (Bankr. W.D. Penn. 06-25454

(MBM)) (Mr. Neilson was the Chapter 11 Trustee; PSZJ represented Mr. Neilson); o. In re Death Row Records, Inc. (Bankr. C.D. Cal. 06-11205 EC)

(Mr. Neilson was the Chapter 11 Trustee; PSZJ represented the creditors committee); p. In re Michael G. Tyson (Bankr. S.D.N.Y. 03-41300) (Mr. Neilson

is currently the trustee of the MGT Liquidating plan trust; PSZJ is Mr. Neilsons counsel; BRG served as accountants to Mr. Neilson); q. In re Adelphia Communications Corporation (Bankr. S.D.N.Y. 02-

41729 RG) (BRG serves as forensic accountants to the creditors committee; PSZJ represented a separate ad hoc committee); Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct.

Dated this 26th day of April, 2012. /s/ Adam M. Tenenbaum Adam M. Tenenbaum

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EXHIBIT A
(Conflict Search List) 1. William Shanks 2. Thomas James 3. Joseph Shanks 4. Edwin Fowler 5. James J. Eason 6. William Williams 7. Patrick Cullinan 8. Christian Brothers Institute 9. Christian Brothers of Ireland 10. Edmund Rice Christian Brothers- North American Province 11. Congregation of Christian Brothers 12. Maryland Casualty Company (Zurich) 13. Pacific Indemnity Company (Chubb Group of Insurance Companies) 14. ODea High School 15. Briscoe Memorial School 16. Providence Insurance Co. 17. Konica Minolta 18. Martin Whalen 19. Canandaigua National Bank 20. Country Bank 21. Bernard Ho. 22. Christian Brothers Foundation 23. Community Support Corporation 24. Congregation of Notre Dame 25. FIA Card Services/Bank of America 26. Lynn F. Field, PhD 27. Mark Donahue 28. National Catholic Educational 29. Rev. Steven A DeMartino 30. Ridgewood Savings Bank 31. United Water 32. Alltron 33. Bishop Kearney High School 34. Canon Business Solutions 35. Castle Oil Corp.
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36. Conrad R. Catalano 37. Garrett & Mary Naylor 38. GE Capital Corp. 39. Metro Honda 40. Pitney Bowes 41. Royal Catholic Church of the Archdiocese of New Orleans 42. All Hallows Institute 43. Budden, Morris Law Offices 44. Geoff Budden 45. Andrew Martin 46. Schroeter Goldmark & Bender 47. Rebecca Roe 48. Leemon & Royer 49. Mark Leemon 50. Pfau, Cochran, Vertetis & Amala 51. Michael Pfau 52. Jason Amala 53. Jeff Anderson & Associates 54. Law Offices Of Mitchell Garabedian 55. Mitch Garabedian

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: THE CHRISTIAN BROTHERS INSTITUTE, et al., Debtors. Chapter 11 Case No. 11-22820 (RDD)

ORDER GRANTING APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS PURSUANT TO FED. R. BANKR. P. 2014 FOR ENTRY OF AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT OF BERKELEY RESEARCH GROUP, LLC AS ACCOUNTANT AND FINANCIAL ADVISOR TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS Upon consideration of the Application of the Official Committee of Unsecured Creditors Pursuant to Fed. R. Bankr. P. 2014 for Entry of an Order Authorizing and Approving the Employment of Berkeley Research Group, LLC as Accountant and Financial Advisor to the Official Committee of Unsecured Creditors (the Application),1 filed by the Official Committee of Unsecured Creditors appointed in the above-captioned case (the Committee), and upon the Declaration of Adam M. Tenenbaum (the Tenenbaum Declaration) in support of the Application; and the Court being satisfied based on the representations made in the Application and in the Tenenbaum Declaration that BRG and its professionals represent no interest adverse to the Debtors estate with respect to the matters upon which it is to be engaged, and that its employment by the Committee is necessary; and the Court having jurisdiction to consider the Application and the relief requested therein pursuant to 28 U.S.C. 157 and 1334; and this matter being a core proceeding pursuant to 28 U.S.C. 157(b)(2); and venue being proper in this District pursuant to 28 U.S.C. 1408 and 1409; and it appearing that the relief requested in the
1

Capitalized terms not otherwise defined herein shall have the meanings set forth in the Application.

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Application is in the best interests of the Committee, the Debtors and other parties in interest; and the Committee having provided adequate and appropriate notice of the Application under the circumstances; and after due deliberation and good and sufficient cause appearing therefor; and it appearing to the Court that the said Application should be approved, IT IS HEREBY ORDERED THAT: 1. 2. The Application is GRANTED as set forth herein. In accordance with sections 328, 504, 1102, and 1103 of the Bankruptcy

Code, Bankruptcy Rules 2014 and 2016 and Local Bankruptcy Rules 2014-1 and 2016-1, the Committee is authorized to employ and retain BRG as its accountant and financial advisor on the terms set forth in the Application. 3. BRG shall apply for compensation for professional services rendered and

reimbursement of expenses incurred in connection with the Debtors Cases in compliance with the applicable provisions of the Bankruptcy Code, the Bankruptcy Rules, the U.S. Trustee Guidelines, and any other applicable procedures and orders of this Court, including General Order M-389, the Order Granting Debtors Motion to Establish Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals [Docket No. 64], and such other orders as this Court may direct. 4. BRG shall provide notice to the Court of any adjustments of its hourly

rates, and shall serve such notice upon the U.S. Trustee, the Debtors, and any persons otherwise entitled to service of such notice in these Cases. 5. The Committee and BRG are authorized and empowered to take all

actions necessary to implement the relief granted in this Order. 2

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6.

The terms and conditions of this Order shall be immediately effective and

enforceable upon its entry. 7. This Court shall retain jurisdiction with respect to all matters arising from

or related to the implementation of this Order. Dated: White Plains, New York May __, 2012 UNITED STATES BANKRUPTCY JUDGE

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