LAW OFFICES OF DAVID CARLEBACH, ESQ. Lawyer or Liar

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1. I am the principal of the firm of the Law Offices of David Carlebach, Esq.
(“Carlebach”), which maintains an office for the practice of law at

40 Exchange Place, Suite 1306,
New York, New York 10005. I am fully familiar with the facts hereinafter stated, and make this
affidavit in support of the application to retain Carlebach as counsel to Consolidated

4. Furthermore, I am a disinterested party with no connections to the Debtor’s
estate, their creditors, the Office of the United States Trustee, or any other party in interest herein,
or their respective attorneys and accountants. In that connection, I have reviewed a list of parties
in interest as they are currently known, including the lists of secured and unsecured creditors and

3. On February 26, 2013, Carelbach substituted as counsel for the firm Noson A. Kopel,
Attorney-at-Law. Attached to the Application as Exhibit A is a Substitution of Counsel.
4. On or about February 24, 2013, Carlebach received a retainer of $5,000.00, from David
Bakshd, the Debtor’s President.
5. The hourly rates for partners is $550.00 – $350.00, for associates $325.00 – $165.00, and for
paralegals $205.00 – $125.00. Such rates may be adjusted from time to time. Any such

have determined to the best of knowledge and after due inquiry that Carlebach has not represented
any such entity. Additionally, Carlebach utilizes computer software, a component of the firm’s time
billing software, which automatically performs an extensive internal conflicts check with respect
to each new client. It too, did not raise any conflict with respect to Carlebach’s representation of
the Debtor.

And whats now ????

4. Nediva Schwarz personally is (a) a pre-petition creditor of the Debtor (b) a licensee of the
Debtor’s trademarks (c) has funded Carlebach’s retainer in this proceeding of $5,000.00 and
(d) has testified that she is prepared to lend the Debtor additional funds post-petition.

4. On or about February 24, 2013, Carlebach received a retainer of $5,000.00, from Nediva
Schwarz. The check was written out from Jacob Shpritzer but it was my understanding that
Mr. Shpritzer gave the check as an accommodation to Ms. Schwarz, was repaid immediately
by Ms. Schwarz and that the real funder of the Retainer was Nediva Schwarz.
Case 1-13-40350-nhl Doc 54 Filed 03/19/13 Entered 03/19/13 17:00:47
5. The hourly rates for partners is $550.00 – $350.00, for associates $325.00 – $165.00, and for
paralegals $205.00 – $125.00. Such rates may be adjusted from time to time. Any such
adjustment will be on notice to the Bankruptcy Court, the Office of the United States Truste

WHO PAID THE $ 5,000.00

Inc, the debtor (the “Debtor”), herein.

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