The debtor, Cordillera Golf Club, LLC, filed a motion seeking approval of procedures for interim compensation and reimbursement of expenses for professionals retained in the chapter 11 case. The motion requests that professionals be allowed to submit monthly fee applications for payment of 80% of fees and 100% of expenses, with interim fee applications submitted every three months. The procedures are consistent with those approved in other large chapter 11 cases and will help streamline the professional compensation process.
The debtor, Cordillera Golf Club, LLC, filed an application seeking approval to retain GA Keen Realty Advisors, LLC as its real estate advisor nunc pro tunc to the petition date. GA Keen Realty will assist the debtor by raising debt or equity capital to fund a reorganization plan, refinance properties, or sell properties. GA Keen Realty will receive transaction fees ranging from 2-6% of proceeds depending on the type of transaction closed. The application seeks to waive certain fee application requirements and employ GA Keen Realty under an incentive-based fee structure customary for its commercial real estate advisory services.
This document is an application filed in the United States Bankruptcy Court for the District of Delaware by Cordillera Golf Club, LLC seeking approval to retain GA Keen Realty Advisors, LLC as its real estate advisor. Cordillera Golf Club filed for Chapter 11 bankruptcy protection and requires assistance assessing the highest and best use of its owned real property and obtaining capital for its business. The application requests that GA Keen Realty be approved as Cordillera's real estate advisor nunc pro tunc to the petition date under the terms of a retention agreement between the two parties. GA Keen Realty has experience advising other debtors in bankruptcy cases and working with Cordillera since prior to the bankruptcy filing.
- Cordillera Golf Club, LLC filed for Chapter 11 bankruptcy and sought to retain PricewaterhouseCoopers LLP as its financial advisor.
- PwC has expertise in financial advisory services for distressed companies and experience working on bankruptcy cases.
- The application requests the court approve PwC's retention to provide services such as evaluating strategic alternatives, advising on cash flow projections, and assisting with required bankruptcy reports and schedules.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
Sulphur Moutain vs. John Redmond, et al - B238767jamesmaredmond
This document summarizes a court case involving a dispute over the sale of a home to satisfy an unpaid judgment. The plaintiff obtained a judgment against the defendants and sought to enforce it by selling their home. The defendants claimed a homestead exemption to protect part of the equity in their home. The trial court approved the sale of the home, finding the defendants could not claim the exemption again since they used it in a prior bankruptcy proceeding. The appellate court reversed, finding no basis for the plaintiff's argument that the homestead exemption can only be used once. The appellate court also found the plaintiff's lien on the property was effective as of 2002, not the later date determined by the trial court. The case was remanded for further proceedings consistent
This document is an application filed by Cordillera Golf Club, LLC (the "Debtor") in the United States Bankruptcy Court for the District of Delaware seeking approval to retain the law firm Foley & Lardner LLP ("Foley") as its general bankruptcy counsel. The application provides background on the Debtor's Chapter 11 bankruptcy filing and requests that the retention of Foley be approved nunc pro tunc to the petition date to represent the Debtor in the bankruptcy case. It describes Foley's qualifications and experience in bankruptcy matters and outlines the services Foley will provide and its proposed compensation structure including hourly billing rates.
This document is an application filed by Cordillera Golf Club, LLC (the "Debtor") requesting that the Court approve the retention of Foley & Lardner LLP ("Foley") as the Debtor's general bankruptcy counsel. The application provides background on the Debtor's Chapter 11 bankruptcy filing and describes Foley's qualifications to serve as counsel. It also discloses Foley's prior representation of the Debtor as well as certain affiliates, and requests authorization for Foley to continue representing those parties in unrelated matters, provided there is no conflict with the bankruptcy case. Notice of the application will be provided to key parties, and the Debtor requests approval of Foley's retention nunc pro tunc to the
The debtor, Cordillera Golf Club, LLC, filed an application seeking approval to retain GA Keen Realty Advisors, LLC as its real estate advisor nunc pro tunc to the petition date. GA Keen Realty will assist the debtor by raising debt or equity capital to fund a reorganization plan, refinance properties, or sell properties. GA Keen Realty will receive transaction fees ranging from 2-6% of proceeds depending on the type of transaction closed. The application seeks to waive certain fee application requirements and employ GA Keen Realty under an incentive-based fee structure customary for its commercial real estate advisory services.
This document is an application filed in the United States Bankruptcy Court for the District of Delaware by Cordillera Golf Club, LLC seeking approval to retain GA Keen Realty Advisors, LLC as its real estate advisor. Cordillera Golf Club filed for Chapter 11 bankruptcy protection and requires assistance assessing the highest and best use of its owned real property and obtaining capital for its business. The application requests that GA Keen Realty be approved as Cordillera's real estate advisor nunc pro tunc to the petition date under the terms of a retention agreement between the two parties. GA Keen Realty has experience advising other debtors in bankruptcy cases and working with Cordillera since prior to the bankruptcy filing.
- Cordillera Golf Club, LLC filed for Chapter 11 bankruptcy and sought to retain PricewaterhouseCoopers LLP as its financial advisor.
- PwC has expertise in financial advisory services for distressed companies and experience working on bankruptcy cases.
- The application requests the court approve PwC's retention to provide services such as evaluating strategic alternatives, advising on cash flow projections, and assisting with required bankruptcy reports and schedules.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
The debtor, Cordillera Golf Club, LLC, filed a motion seeking authorization to retain and pay certain professionals utilized in the ordinary course of business without requiring each professional to file a formal application for employment. The motion proposed procedures for retaining ordinary course professionals, including requiring the professionals to file declarations of disinterestedness, limiting monthly payments to $25,000 per professional absent a fee application, and requiring the debtor to file quarterly reports on payments to the professionals. The debtor argued this relief was necessary to avoid disruption to its business operations and pending litigation matters.
Sulphur Moutain vs. John Redmond, et al - B238767jamesmaredmond
This document summarizes a court case involving a dispute over the sale of a home to satisfy an unpaid judgment. The plaintiff obtained a judgment against the defendants and sought to enforce it by selling their home. The defendants claimed a homestead exemption to protect part of the equity in their home. The trial court approved the sale of the home, finding the defendants could not claim the exemption again since they used it in a prior bankruptcy proceeding. The appellate court reversed, finding no basis for the plaintiff's argument that the homestead exemption can only be used once. The appellate court also found the plaintiff's lien on the property was effective as of 2002, not the later date determined by the trial court. The case was remanded for further proceedings consistent
This document is an application filed by Cordillera Golf Club, LLC (the "Debtor") in the United States Bankruptcy Court for the District of Delaware seeking approval to retain the law firm Foley & Lardner LLP ("Foley") as its general bankruptcy counsel. The application provides background on the Debtor's Chapter 11 bankruptcy filing and requests that the retention of Foley be approved nunc pro tunc to the petition date to represent the Debtor in the bankruptcy case. It describes Foley's qualifications and experience in bankruptcy matters and outlines the services Foley will provide and its proposed compensation structure including hourly billing rates.
This document is an application filed by Cordillera Golf Club, LLC (the "Debtor") requesting that the Court approve the retention of Foley & Lardner LLP ("Foley") as the Debtor's general bankruptcy counsel. The application provides background on the Debtor's Chapter 11 bankruptcy filing and describes Foley's qualifications to serve as counsel. It also discloses Foley's prior representation of the Debtor as well as certain affiliates, and requests authorization for Foley to continue representing those parties in unrelated matters, provided there is no conflict with the bankruptcy case. Notice of the application will be provided to key parties, and the Debtor requests approval of Foley's retention nunc pro tunc to the
This document is a motion filed in United States Bankruptcy Court requesting an order to shorten the notice period for a hearing on the appointment of a trustee. The motion was filed by petitioning creditors against Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.), who were recently subject to involuntary bankruptcy petitions. The motion argues that exigent circumstances exist due to conflicts of interest and mismanagement by the company's controlling shareholder, Yucaipa, that threaten creditor interests. As such, an expedited hearing is requested to consider appointing a trustee to assume control of the debtors.
The document is a court order authorizing the assumption of a Restructuring Support Agreement between Devonshire PGA Holdings, LLC and its affiliates (the "Debtors") and ELP West Palm, LLC as Senior Lender ("ELP") in the Debtors' Chapter 11 bankruptcy cases. The order approves the Debtors' assumption of the Restructuring Support Agreement effective upon entry of the order. The order also provides that the Restructuring Support Agreement is binding on the parties, modifies the automatic stay to allow termination of the agreement if applicable, and retains jurisdiction for the court to resolve any disputes regarding implementation of the order.
The Official Committee of Unsecured Creditors appointed in Cordillera Golf Club, LLC's Chapter 11 bankruptcy case filed an application seeking approval to retain Munsch Hardt Kopf & Harr, PC as its counsel. The Committee selected Munsch Hardt due to the firm's experience in bankruptcy matters and hospitality/real estate issues relevant to the case. The application requests approval of Munsch Hardt's hourly rates and reimbursement of expenses, and asserts that the firm is disinterested and does not hold interests adverse to the Committee. Notice of the application will be provided to parties in interest. A hearing on the application is scheduled for July 27, 2012.
The Official Committee of Unsecured Creditors appointed in Cordillera Golf Club, LLC's Chapter 11 bankruptcy case filed an application seeking court approval to retain Munsch Hardt Kopf & Harr, PC as its legal counsel. The Committee selected Munsch Hardt due to the firm's experience in bankruptcy matters and issues relevant to the case. The application requests approval of Munsch Hardt's hourly rates and reimbursement of expenses, and asserts that the firm is qualified and disinterested to represent the Committee. Notice of the application will be provided to parties in the bankruptcy case. A hearing on the application is scheduled for July 27, 2012.
Bp settlement final_order_and_judgment_on_economic_class_settlementMichael J. Evans
This order grants final approval of the Economic and Property Damages Settlement Agreement relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It confirms certification of the Economic Class for settlement purposes and confirms the appointments of class counsel, claims administrators, and trustees. The order finds that class notice was adequate, dismisses class members' related claims with prejudice, and retains jurisdiction to implement and enforce the settlement.
The Official Committee of Unsecured Creditors appointed in the Cordillera Golf Club bankruptcy case filed an application to retain Saul Ewing LLP as its co-counsel. Saul Ewing would serve alongside the Committee's lead counsel, Munsch Hardt Kopf & Harr, P.C. The application provides background on the bankruptcy filing and Committee formation. It also describes the services Saul Ewing would provide, including advising the Committee, investigating claims and transactions, and representing the Committee's interests in the case. The application attaches Saul Ewing's billing rates and a declaration by Mark Minuti attesting that the firm does not hold interests adverse to the estate.
The Official Committee of Unsecured Creditors appointed in the chapter 11 bankruptcy case of Cordillera Golf Club, LLC filed an application to retain the law firm of Saul Ewing LLP as its co-counsel. Saul Ewing would represent the Committee's interests regarding all matters related to the Debtor's chapter 11 case, along with the Committee's lead counsel Munsch Hardt Kopf & Harr, P.C. The application provides background on the bankruptcy case, the Committee, and Saul Ewing's qualifications. It also discloses Saul Ewing's hourly billing rates and reimbursement policies.
The tax court case involved whether commissions Howard Slater received for transferring his annuity accounts qualified for nonqualified deferred compensation treatment under section 409A. The court found that the commissions did not meet the requirements of section 409A as they were not conditioned on future services and the plans did not meet the election requirements. Therefore, the commissions were required to be included in the Slaters' gross income for the 2005 tax year.
This document summarizes a Tax Court memorandum opinion regarding the IRS's determination to maintain a tax lien against the petitioner. The petitioner proposed two offers-in-compromise and a partial payment installment agreement to settle his unpaid tax liabilities from 2000-2002, totaling around $65,000. The Tax Court found that the settlement officer did not abuse their discretion in rejecting the petitioner's collection alternatives because the offers-in-compromise were both less than the petitioner's reasonable collection potential as calculated under IRS guidelines, and the installment agreement lacked specified payment details. The court also found the settlement officer properly included the cash surrender value of the petitioner's life insurance policies as an asset in determining reasonable collection potential.
This document summarizes a Tax Court case regarding Walter and Carol Selph's challenge to tax liabilities and penalties for tax years 1999, 2000, and 2001. The Tax Court found that the Selphs were entitled to challenge their underlying tax liabilities for those years. Additionally, the court found that the Selphs were liable for failure-to-pay penalties for 1999 but not 2000 and 2001 due to Mrs. Selph's health issues those years which constituted reasonable cause for failure to timely file.
This appeal involves post-judgment orders from a legal malpractice case brought by Sulphur Mountain Land and Livestock Co., Malibu Broadbeach L.P., and Pacific Coast Management against Knapp, Petersen & Clarke and several individuals. The trial court granted Sulphur and Malibu's motion for attorney's fees and costs, denied the defendants' motion for fees and motion to tax costs, finding Sulphur and Malibu were the prevailing parties. The defendants appeal, arguing: 1) the trial court failed to properly determine the prevailing party under Civil Code §1717 before considering C.C.P. §998; 2) even if it had, it abused its discretion in finding Sulphur and
The Official Committee of Unsecured Creditors filed an application seeking approval to retain Munsch Hardt Kopf & Harr, PC as its legal counsel. Munsch Hardt has extensive experience representing committees and debtors in bankruptcy cases. If approved, Munsch Hardt would provide legal services to assist the Committee in exercising its duties, including investigating the debtor's financial affairs and negotiating a plan of reorganization. Munsch Hardt's hourly rates for attorneys working on the case range from $200 to $685 per hour.
The Official Committee of Unsecured Creditors (the "Committee") in the chapter 11 bankruptcy case of Cordillera Golf Club, LLC (the "Debtor") filed an application seeking approval to retain the law firm Munsch Hardt Kopf & Harr, PC ("Munsch Hardt") as counsel. The Committee selected Munsch Hardt due to its experience in bankruptcy cases and matters relevant to the case such as real estate and hospitality. Munsch Hardt will represent the Committee and provide legal advice regarding the Debtor and case administration. The application provides notice of the request for approval of Munsch Hardt's employment and discloses certain prior relationships between Munsch Hardt and potential
This document summarizes a Tax Court case regarding whether the court has jurisdiction to redetermine penalties assessed under Section 6707A of the Internal Revenue Code. The Tax Court ruled that it does not have jurisdiction over Section 6707A penalties in a deficiency proceeding. Section 6707A penalties are assessed for failing to disclose involvement in certain tax avoidance transactions known as reportable transactions.
This document is an objection filed by petitioning creditors BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Ltd., and Spectrum Investment Partners, LP in response to a motion by alleged debtors Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.) to transfer venue of involuntary bankruptcy cases from the U.S. Bankruptcy Court for the District of Delaware to the U.S. Bankruptcy Court for the Northern District of Georgia. The petitioning creditors argue that the motion to transfer venue is procedurally defective and substantively objectionable. They assert the motion is premature until an order for relief is entered, and the alleged debtors have not met their burden to show transfer is in the
This document is a stipulation for dismissal with prejudice of a civil rights lawsuit filed by the American Civil Liberties Union of Hawaii and Pamela Lichty against Dean H. Seki, Comptroller of the Department of Accounting and General Services for the State of Hawaii. It includes a settlement agreement requiring the defendant to pay attorneys fees and costs, cease enforcement of certain permit requirements for expressive activities on state property, revise relevant administrative rules and policies, and provide periodic updates on implementation to plaintiffs' counsel. The purpose is to ensure individuals can engage in expressive activities on state property with constitutional time, place and manner restrictions.
The plaintiffs, Stephen Gaggero and additional judgment debtors, appeal from a trial court order granting the defendants' motion for postjudgment enforcement costs and accrued interest. The trial court awarded the defendants over $87,000 in enforcement costs and over $569,000 in accrued interest, which was incorporated into a third amended judgment. The plaintiffs argue that many of the costs awarded were not reasonably related to enforcement of the judgment. However, the appellate court affirms the trial court's order, finding that the defendants incurred the costs and fees while reasonably attempting to enforce the underlying judgment against plaintiffs and their alter ego entities.
Dixie Holdings filed an ex parte application seeking an extension of time to respond to Medical Marijuana Inc.'s petition to compel arbitration. Medical Marijuana Inc. opposed the application, arguing that Dixie is actually seeking relief from default as its time to respond had expired over two weeks prior. Medical Marijuana Inc. argued that Dixie failed to meet the requirements under CCP 473(b) to obtain relief from default, as Dixie did not provide specific facts demonstrating mistake, inadvertence, surprise or excusable neglect. Medical Marijuana Inc. also argued that Dixie made misstatements in its application and that there is no good cause to grant the relief sought.
The debtor, Cordillera Golf Club, LLC, filed an application seeking approval to retain the law firm of Young Conaway Stargatt & Taylor, LLP ("Young Conaway") as its Delaware bankruptcy counsel. Young Conaway has extensive experience in bankruptcy matters and represented the debtor pre-petition. The application discloses Young Conaway's hourly rates, retention agreement with the debtor, and that the firm does not hold any interest adverse to the debtor or the bankruptcy estate. The debtor believes that retaining Young Conaway as Delaware bankruptcy counsel is in the best interests of the estate. A hearing on the application will be held on July 27, 2012.
This document is the Debtor's objection to motions filed by various parties to transfer venue of the bankruptcy case from Delaware to Colorado. It argues that Delaware is the proper venue because the Debtor's reorganization efforts rely on contacts with financial markets in New York and the Northeast, not locally in Colorado. While the Debtor operates in Colorado, most of its members reside outside of Colorado and the success of the bankruptcy case relies on participation of parties located on the East Coast, including a proposed DIP lender. The document asserts that a transfer of venue would prejudice creditors by making reorganization more expensive and less efficient.
This document is the Debtor's objection to motions filed by various parties to transfer venue of the bankruptcy case from Delaware to Colorado. It argues that Delaware is the proper venue because the Debtor's reorganization efforts rely on contacts with financial markets in New York and the Northeast, not locally in Colorado. While the Debtor operates in Colorado, most of its members reside outside of Colorado and the success of the bankruptcy case relies on participation of parties located on the East Coast, including a proposed DIP lender. The document asserts that a transfer of venue would prejudice creditors by making reorganization more expensive and less efficient.
This document is a motion filed in United States Bankruptcy Court requesting an order to shorten the notice period for a hearing on the appointment of a trustee. The motion was filed by petitioning creditors against Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.), who were recently subject to involuntary bankruptcy petitions. The motion argues that exigent circumstances exist due to conflicts of interest and mismanagement by the company's controlling shareholder, Yucaipa, that threaten creditor interests. As such, an expedited hearing is requested to consider appointing a trustee to assume control of the debtors.
The document is a court order authorizing the assumption of a Restructuring Support Agreement between Devonshire PGA Holdings, LLC and its affiliates (the "Debtors") and ELP West Palm, LLC as Senior Lender ("ELP") in the Debtors' Chapter 11 bankruptcy cases. The order approves the Debtors' assumption of the Restructuring Support Agreement effective upon entry of the order. The order also provides that the Restructuring Support Agreement is binding on the parties, modifies the automatic stay to allow termination of the agreement if applicable, and retains jurisdiction for the court to resolve any disputes regarding implementation of the order.
The Official Committee of Unsecured Creditors appointed in Cordillera Golf Club, LLC's Chapter 11 bankruptcy case filed an application seeking approval to retain Munsch Hardt Kopf & Harr, PC as its counsel. The Committee selected Munsch Hardt due to the firm's experience in bankruptcy matters and hospitality/real estate issues relevant to the case. The application requests approval of Munsch Hardt's hourly rates and reimbursement of expenses, and asserts that the firm is disinterested and does not hold interests adverse to the Committee. Notice of the application will be provided to parties in interest. A hearing on the application is scheduled for July 27, 2012.
The Official Committee of Unsecured Creditors appointed in Cordillera Golf Club, LLC's Chapter 11 bankruptcy case filed an application seeking court approval to retain Munsch Hardt Kopf & Harr, PC as its legal counsel. The Committee selected Munsch Hardt due to the firm's experience in bankruptcy matters and issues relevant to the case. The application requests approval of Munsch Hardt's hourly rates and reimbursement of expenses, and asserts that the firm is qualified and disinterested to represent the Committee. Notice of the application will be provided to parties in the bankruptcy case. A hearing on the application is scheduled for July 27, 2012.
Bp settlement final_order_and_judgment_on_economic_class_settlementMichael J. Evans
This order grants final approval of the Economic and Property Damages Settlement Agreement relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. It confirms certification of the Economic Class for settlement purposes and confirms the appointments of class counsel, claims administrators, and trustees. The order finds that class notice was adequate, dismisses class members' related claims with prejudice, and retains jurisdiction to implement and enforce the settlement.
The Official Committee of Unsecured Creditors appointed in the Cordillera Golf Club bankruptcy case filed an application to retain Saul Ewing LLP as its co-counsel. Saul Ewing would serve alongside the Committee's lead counsel, Munsch Hardt Kopf & Harr, P.C. The application provides background on the bankruptcy filing and Committee formation. It also describes the services Saul Ewing would provide, including advising the Committee, investigating claims and transactions, and representing the Committee's interests in the case. The application attaches Saul Ewing's billing rates and a declaration by Mark Minuti attesting that the firm does not hold interests adverse to the estate.
The Official Committee of Unsecured Creditors appointed in the chapter 11 bankruptcy case of Cordillera Golf Club, LLC filed an application to retain the law firm of Saul Ewing LLP as its co-counsel. Saul Ewing would represent the Committee's interests regarding all matters related to the Debtor's chapter 11 case, along with the Committee's lead counsel Munsch Hardt Kopf & Harr, P.C. The application provides background on the bankruptcy case, the Committee, and Saul Ewing's qualifications. It also discloses Saul Ewing's hourly billing rates and reimbursement policies.
The tax court case involved whether commissions Howard Slater received for transferring his annuity accounts qualified for nonqualified deferred compensation treatment under section 409A. The court found that the commissions did not meet the requirements of section 409A as they were not conditioned on future services and the plans did not meet the election requirements. Therefore, the commissions were required to be included in the Slaters' gross income for the 2005 tax year.
This document summarizes a Tax Court memorandum opinion regarding the IRS's determination to maintain a tax lien against the petitioner. The petitioner proposed two offers-in-compromise and a partial payment installment agreement to settle his unpaid tax liabilities from 2000-2002, totaling around $65,000. The Tax Court found that the settlement officer did not abuse their discretion in rejecting the petitioner's collection alternatives because the offers-in-compromise were both less than the petitioner's reasonable collection potential as calculated under IRS guidelines, and the installment agreement lacked specified payment details. The court also found the settlement officer properly included the cash surrender value of the petitioner's life insurance policies as an asset in determining reasonable collection potential.
This document summarizes a Tax Court case regarding Walter and Carol Selph's challenge to tax liabilities and penalties for tax years 1999, 2000, and 2001. The Tax Court found that the Selphs were entitled to challenge their underlying tax liabilities for those years. Additionally, the court found that the Selphs were liable for failure-to-pay penalties for 1999 but not 2000 and 2001 due to Mrs. Selph's health issues those years which constituted reasonable cause for failure to timely file.
This appeal involves post-judgment orders from a legal malpractice case brought by Sulphur Mountain Land and Livestock Co., Malibu Broadbeach L.P., and Pacific Coast Management against Knapp, Petersen & Clarke and several individuals. The trial court granted Sulphur and Malibu's motion for attorney's fees and costs, denied the defendants' motion for fees and motion to tax costs, finding Sulphur and Malibu were the prevailing parties. The defendants appeal, arguing: 1) the trial court failed to properly determine the prevailing party under Civil Code §1717 before considering C.C.P. §998; 2) even if it had, it abused its discretion in finding Sulphur and
The Official Committee of Unsecured Creditors filed an application seeking approval to retain Munsch Hardt Kopf & Harr, PC as its legal counsel. Munsch Hardt has extensive experience representing committees and debtors in bankruptcy cases. If approved, Munsch Hardt would provide legal services to assist the Committee in exercising its duties, including investigating the debtor's financial affairs and negotiating a plan of reorganization. Munsch Hardt's hourly rates for attorneys working on the case range from $200 to $685 per hour.
The Official Committee of Unsecured Creditors (the "Committee") in the chapter 11 bankruptcy case of Cordillera Golf Club, LLC (the "Debtor") filed an application seeking approval to retain the law firm Munsch Hardt Kopf & Harr, PC ("Munsch Hardt") as counsel. The Committee selected Munsch Hardt due to its experience in bankruptcy cases and matters relevant to the case such as real estate and hospitality. Munsch Hardt will represent the Committee and provide legal advice regarding the Debtor and case administration. The application provides notice of the request for approval of Munsch Hardt's employment and discloses certain prior relationships between Munsch Hardt and potential
This document summarizes a Tax Court case regarding whether the court has jurisdiction to redetermine penalties assessed under Section 6707A of the Internal Revenue Code. The Tax Court ruled that it does not have jurisdiction over Section 6707A penalties in a deficiency proceeding. Section 6707A penalties are assessed for failing to disclose involvement in certain tax avoidance transactions known as reportable transactions.
This document is an objection filed by petitioning creditors BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Ltd., and Spectrum Investment Partners, LP in response to a motion by alleged debtors Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.) to transfer venue of involuntary bankruptcy cases from the U.S. Bankruptcy Court for the District of Delaware to the U.S. Bankruptcy Court for the Northern District of Georgia. The petitioning creditors argue that the motion to transfer venue is procedurally defective and substantively objectionable. They assert the motion is premature until an order for relief is entered, and the alleged debtors have not met their burden to show transfer is in the
This document is a stipulation for dismissal with prejudice of a civil rights lawsuit filed by the American Civil Liberties Union of Hawaii and Pamela Lichty against Dean H. Seki, Comptroller of the Department of Accounting and General Services for the State of Hawaii. It includes a settlement agreement requiring the defendant to pay attorneys fees and costs, cease enforcement of certain permit requirements for expressive activities on state property, revise relevant administrative rules and policies, and provide periodic updates on implementation to plaintiffs' counsel. The purpose is to ensure individuals can engage in expressive activities on state property with constitutional time, place and manner restrictions.
The plaintiffs, Stephen Gaggero and additional judgment debtors, appeal from a trial court order granting the defendants' motion for postjudgment enforcement costs and accrued interest. The trial court awarded the defendants over $87,000 in enforcement costs and over $569,000 in accrued interest, which was incorporated into a third amended judgment. The plaintiffs argue that many of the costs awarded were not reasonably related to enforcement of the judgment. However, the appellate court affirms the trial court's order, finding that the defendants incurred the costs and fees while reasonably attempting to enforce the underlying judgment against plaintiffs and their alter ego entities.
Dixie Holdings filed an ex parte application seeking an extension of time to respond to Medical Marijuana Inc.'s petition to compel arbitration. Medical Marijuana Inc. opposed the application, arguing that Dixie is actually seeking relief from default as its time to respond had expired over two weeks prior. Medical Marijuana Inc. argued that Dixie failed to meet the requirements under CCP 473(b) to obtain relief from default, as Dixie did not provide specific facts demonstrating mistake, inadvertence, surprise or excusable neglect. Medical Marijuana Inc. also argued that Dixie made misstatements in its application and that there is no good cause to grant the relief sought.
The debtor, Cordillera Golf Club, LLC, filed an application seeking approval to retain the law firm of Young Conaway Stargatt & Taylor, LLP ("Young Conaway") as its Delaware bankruptcy counsel. Young Conaway has extensive experience in bankruptcy matters and represented the debtor pre-petition. The application discloses Young Conaway's hourly rates, retention agreement with the debtor, and that the firm does not hold any interest adverse to the debtor or the bankruptcy estate. The debtor believes that retaining Young Conaway as Delaware bankruptcy counsel is in the best interests of the estate. A hearing on the application will be held on July 27, 2012.
This document is the Debtor's objection to motions filed by various parties to transfer venue of the bankruptcy case from Delaware to Colorado. It argues that Delaware is the proper venue because the Debtor's reorganization efforts rely on contacts with financial markets in New York and the Northeast, not locally in Colorado. While the Debtor operates in Colorado, most of its members reside outside of Colorado and the success of the bankruptcy case relies on participation of parties located on the East Coast, including a proposed DIP lender. The document asserts that a transfer of venue would prejudice creditors by making reorganization more expensive and less efficient.
This document is the Debtor's objection to motions filed by various parties to transfer venue of the bankruptcy case from Delaware to Colorado. It argues that Delaware is the proper venue because the Debtor's reorganization efforts rely on contacts with financial markets in New York and the Northeast, not locally in Colorado. While the Debtor operates in Colorado, most of its members reside outside of Colorado and the success of the bankruptcy case relies on participation of parties located on the East Coast, including a proposed DIP lender. The document asserts that a transfer of venue would prejudice creditors by making reorganization more expensive and less efficient.
This document is a motion filed in a US bankruptcy court requesting permission to file an unredacted version of a response under seal. It summarizes that the response contains sensitive commercial information about the debtors' financial condition and restructuring negotiations. The debtors argue the information could harm ongoing negotiations and business operations if disclosed publicly. They seek to file the unredacted version under seal and make it available only to specific parties.
This document provides notice of Patriot Coal Corporation's motion seeking court approval to conduct rights offerings as part of its chapter 11 reorganization plan. Specifically, the motion seeks authorization to enter into a backstop purchase agreement with certain funds to ensure sufficient proceeds are raised in the rights offerings. The rights offerings will allow eligible creditors to purchase new senior secured notes and warrants. The motion also seeks approval of the proposed rights offerings procedures. Objections to the motion are due by October 30, with a hearing scheduled for November 6.
This document is a joinder by the Official Committee of Unsecured Creditors in two motions to transfer venue of the bankruptcy case from the United States Bankruptcy Court for the District of Delaware to the District of Colorado. The debtor operates a golf club and community in Colorado and most of its creditors, including secured creditors, unsecured creditors, and equity holders are located in Colorado. The committee argues that transferring the case to Colorado would promote the efficient administration of the estate and be more convenient for the parties given the location of witnesses, assets, and ongoing related litigation in Colorado state courts.
This document is a joinder by the Official Committee of Unsecured Creditors in two motions to transfer venue of the bankruptcy case from the United States Bankruptcy Court for the District of Delaware to the District of Colorado. The debtor operates a golf club and community in Colorado and most of its creditors, including secured creditors, unsecured creditors, and equity holders are located in Colorado. The committee argues that transferring the case to Colorado would promote the efficient administration of the estate and be more convenient for the parties given the location of witnesses, assets, records, and ongoing related litigation in Colorado state courts.
The Alleged Debtors filed a motion requesting the court's permission to file an unredacted version of their Motion to Transfer Venue under seal. They argue the unredacted version contains sensitive commercial information regarding their financial condition and restructuring negotiations that could harm their business if disclosed publicly. The Alleged Debtors state they have publicly filed a redacted version, and the unredacted version would only be available to the court and specific receiving parties subject to confidentiality restrictions. They believe this balancing of interests appropriately protects their sensitive information while still allowing for consideration of the merits of their transfer motion.
This document is a fee application cover sheet and application from Robbins Tapp Cobb & Associates, PLLC seeking approval of $122,783.48 in accounting fees and expenses for services provided to the Trustee from July 2011 to February 2012 in the Chapter 11 bankruptcy case of FirstPlus Financial Group, Inc. The application provides details of services rendered, hourly rates, fees already approved, and argues that the fees and expenses requested meet legal standards and should be approved.
This document is a certificate of service for a response filed by Allied Systems Holdings, Inc. and Allied Systems, Ltd. (L.P.) regarding a motion by petitioning creditors BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Adviser L.L.C., and Spectrum Investment Partners LP to shorten time for a hearing on appointing a trustee. The certificate lists the parties that were served the response by mail or hand delivery on May 21, 2012.
Doc770 order confirming trustee's amended plan of liquidation for the debtormalp2009
This order confirms the Trustee's Amended Plan of Liquidation for the debtor FirstPlus Financial Group, Inc. The order finds that:
1) The Plan complies with the applicable provisions of the Bankruptcy Code.
2) All parties received proper notice of the Plan and Confirmation Hearing.
3) The classification of claims and interests under the Plan satisfies the requirements of the Bankruptcy Code.
4) The Trustee has met his burden of proof to confirm the Plan.
This document is an objection filed by the United States Trustee to motions filed by Petitioning Creditors and Alleged Debtors to seal certain documents filed with the court. The U.S. Trustee does not oppose sealing documents pending a ruling on whether the bankruptcy cases will proceed, but argues that any sealing should end if the court finds cause to open bankruptcy cases, as the information would then become public. The U.S. Trustee asserts that bankruptcy law favors public disclosure of information relevant to creditors and parties in interest.
1) The US District Court for Northern California granted final approval of a class action settlement between plaintiffs and the City of Oakland.
2) Under the settlement, the City of Oakland will pay $1.025 million to class members, representatives, and counsel.
3) The court approved changes to Oakland police policies regarding citations, record sealing, and crowd control procedures.
This document is an affidavit from Mark Weinsten in support of LodgeNet Interactive Corporation filing for Chapter 11 bankruptcy and the relief sought in various first day motions. It provides background on LodgeNet's financial difficulties and proposed restructuring, including a $60 million investment from Colony Capital in exchange for 100% ownership of reorganized LodgeNet under a prepackaged Chapter 11 plan that has already received creditor support. The affidavit also summarizes various motions seeking court approval of procedures to allow LodgeNet to continue operating in bankruptcy with minimal disruption.
This document discusses a bankruptcy court case regarding the sale of an internet domain name. The key points are:
1) The debtor (Heath Global) had agreed to purchase the "Invest.com" domain name from Jim Magner for $2 million in installments over two years.
2) After Heath Global missed an installment payment, Magner sent a notice purporting to terminate the agreement based on a clause allowing termination if a payment was not cured within 7 days.
3) Before the 7-day cure period expired, Heath Global filed for bankruptcy. The bankruptcy court found the agreement had automatically terminated pre-petition.
4) On appeal, the district court found that the agreement
Doc962 freeman group motion compromise & settlement_ a walk-awaymalp2009
The Trustee filed a motion seeking court approval of a compromise and settlement agreement between the Trustee and the Freeman Parties. The agreement provides that Robert Freeman and David Ward will withdraw their respective $92,500 proof of claims against the estate with prejudice, and the Trustee will dismiss the Freeman Parties from an adversary proceeding. The agreement achieves a walk-away settlement and full mutual release of claims between the parties. The Trustee believes the settlement is in the best interest of creditors and the estate by avoiding substantial time and costs of litigation, despite believing there are good objections to the proof of claims.
This document is a motion filed in bankruptcy court by Flat Out Crazy, LLC and affiliated debtors seeking authorization to pay prepetition employee wages, salaries, benefits and related obligations. The debtors operate Asian restaurants and stir fry restaurants employing around 1,185 employees. The motion argues that paying prepetition employee obligations is essential to maintaining employee morale and productivity during the bankruptcy process to prevent disruption of business operations and pursue a successful reorganization.
Doc1037 robert oneil paul ballard_todd hickman_seeking approval_settlement & ...malp2009
This document is a Trustee's Motion to Approve Compromise and Settlement with Defendants Robert O'Neal, Paul Ballard and Todd Hickman in an Adversary proceeding. The Trustee is seeking the court's approval of a settlement agreement between the Trustee and the Defendants that would allow portions of the Defendants' claims against the Debtor's estate and resolve all claims between the parties. Key terms of the settlement include allowing 75% of O'Neal's claim, 60% of Ballard's claim, and 60% of Hickman's claim. The Trustee believes the settlement is in the best interest of the estate to avoid costly and uncertain litigation.
EKEJIJA- NVC FUND-SEC SETTLEMENT SOLUTION
CASE: 2:20-cv-08985-ODW-DFM
Case No.: 2:20-cv-08985-FWS-DFM
Dear John F. Libby,
As requested by Judge Fred W. Slaughter, the undersigned, frank-ojogwa: Ekejija, comes now to submit in good faith for your favorable consideration a graceful workable solution to settle and resolve the above-referenced egregious case (the “Case”), according to the requirement of Rule 1 of the Federal Rules of Civil Procedure (“FRCP”), that “all civil actions and proceedings in the United States district courts … be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”
The purpose of my proposal is to achieve the complete, final, fair, and equitable resolution of all of the financial, civil rights, and reputational damages and other civil claims I am holding against the U.S. Securities and Exchange Commission, an agency of the federal government (the “SEC”), arising out of and suffered in connection with the extreme quantifiable and unquantifiable economic and wrongs, injuries, damages, defamations, prejudices, and injustices done to our companies and me, by the SEC’s egregious, willful, wrongful, meritless, reckless, abusive, and vindictive crusade, undertaken under color of law and constitutes a gross breach of fidelity, over the past 11 years. That the SEC persisted in misusing and abusing its government authority, compounding these many wrongs long after it knew or should have known that its allegations were meritless, and the resulting compounding of its wrongful behavior, and that such conduct exposed the SEC and the federal government to ridicules, substantial financial and other liability, makes the situation even more outrageous.
Notwithstanding the foregoing, I am willing to settle and resolve this matter upon the terms and conditions summarized below. You will see that my proposal satisfies each of the requirements of FRCP Rule 1. Indeed, I am proposing to achieve the intended result by underwriting the financial elements of my claims out of our assets and at no cost to the government. Moreover, the structure and mechanisms of this proposal are eminently fair and reasonable by design and within your authority as a federal judge to implement.
The document discusses the history and development of a new technology called blockchain. Blockchain was originally developed for the digital currency Bitcoin as a way to record transactions in a secure, decentralized manner without the need for a central authority. It has since grown in popularity and found applications beyond digital currencies, with many now exploring how the technology could be used to support areas like banking, supply chain management, and digital identity verification.
Flat Out Crazy, LLC filed a voluntary Chapter 11 bankruptcy petition on January 25, 2013 in the Southern District of New York. The petition provides basic information about the debtor, including its legal name and address, tax identification number, and the chapter of bankruptcy under which relief is sought. It also discloses that on the same date, three affiliated entities including the debtor filed Chapter 11 petitions in the same court, and the debtors intend to request joint administration of the cases.
LodgeNet Interactive Corporation, a corporation based in Sioux Falls, South Dakota, filed for Chapter 11 bankruptcy protection on January 27, 2013. LodgeNet provides interactive television services and listed its estimated assets as between $100,001 and $500,000 and estimated liabilities as between $100,001 and $500,000. The petition included basic information about the company and the bankruptcy filing.
This document is an amended plan of reorganization filed in the United States Bankruptcy Court for LodgeNet Interactive Corporation and its affiliates, who are debtors in Chapter 11 bankruptcy cases. The plan proposes reorganizing the debtors' capital structure and financial obligations under Chapter 11 of the Bankruptcy Code. It defines key terms used in the plan and establishes classes of claims and interests to determine how prepetition obligations will be treated under the plan.
This document is a disclosure statement regarding LodgeNet Interactive Corporation's plan of reorganization under Chapter 11 bankruptcy. Key points:
1) LodgeNet intends to file for Chapter 11 bankruptcy in order to implement a restructuring plan agreed upon with major lenders and investor Colony Capital.
2) The plan involves Colony Capital investing $60 million for new ownership of LodgeNet, and lenders converting debt into exit financing loans and equity.
3) If approved, the plan aims to pay all creditors in full and allow LodgeNet to continue operations with new ownership and reduced debt. A hearing will be held to seek final approval of the plan from the bankruptcy court.
This document is an affidavit filed in support of Flat Out Crazy LLC and its affiliated debtors filing for Chapter 11 bankruptcy. It provides background information on the debtors' business operations as two Asian-inspired restaurant chains with 26 locations. It describes the debtors' capital structure including senior secured debt of $5.9 million and equipment financing. The debtors have experienced losses in recent years due to economic conditions and unsuccessful expansion, putting strain on their cash flow and relationships with creditors.
This document is a motion filed with the United States Bankruptcy Court for the Southern District of New York by Atari, Inc. and its affiliates seeking authorization to pay certain prepetition claims of critical vendors, including game developers and one game licensor, that are essential to the debtors' ongoing operations. Specifically, the debtors request authority to pay $233,300 in claims owed to four foreign or small game development companies for work on games that are major revenue sources, as well as to maintain an important licensing agreement for the RollerCoaster Tycoon franchise. The motion argues that nonpayment of these claims could cause irreparable harm to the debtors' business operations and value.
Atari, Inc. filed for Chapter 11 bankruptcy protection in New York. Atari is a video game company incorporated in Delaware with its principal place of business in New York City. Atari estimates that it has assets of $50-100 million and liabilities of $100-500 million. Atari intends to reorganize its business and debts under Chapter 11 bankruptcy.
This document is a voluntary bankruptcy petition filed by Lyon Workspace Products, L.L.C. in the Northern District of Illinois. The petition provides basic information about the debtor such as addresses, tax identification numbers, the nature of debts as primarily business debts, and estimated assets and liabilities. It also lists no prior bankruptcy cases filed by the debtor or its affiliates in the last 8 years.
This document is a motion filed in bankruptcy court by Lyon Workspace Products, L.L.C. and related entities seeking authorization to pay prepetition employee wage and benefit obligations. Specifically, the debtors are requesting permission to pay approximately $130,000 in accrued but unpaid wages, $200,000 in accrued but unpaid sales commissions, $300,000 in accrued vacation time, $12,000 in unreimbursed expenses, and $400,000 in upcoming health insurance claims. The debtors also want to continue deducting amounts from employee paychecks for items such as taxes, insurance premiums, and 401(k) contributions and to honor these obligations going forward.
This document is a bench ruling from a bankruptcy judge on a motion to compel arbitration related to a debtor's cash collateral motion. The judge analyzes applicable case law and determines that:
1) Whether a debtor has authority to use cash collateral is fundamentally a bankruptcy issue, not a contractual dispute.
2) The parties did not agree to arbitrate issues relating to a debtor's rights under the Bankruptcy Code, as those rights were created by Congress and differ from pre-bankruptcy contractual rights.
3) Therefore, the motion to compel arbitration of the debtor's cash collateral motion is denied, as use of cash collateral is a core bankruptcy issue not subject to the arbitration agreement.
The document lists the potential witnesses and exhibits that the debtor intends to present at a hearing scheduled for July 16, 2012 regarding a motion to transfer venue of the bankruptcy case. The two potential witnesses listed are Daniel L. Fitchett, Jr. and Harold Bordwin. The document then lists 17 potential exhibits, which include declarations, documents filed with the court, notices, orders from other court cases, and other documents relevant to the venue transfer motion.
This document is a notice filed in the United States Bankruptcy Court for the District of Delaware regarding a hearing on motions seeking to transfer venue of a bankruptcy case. It lists potential witnesses and exhibits that may be presented by the Official Committee of Unsecured Creditors at the hearing, including the CEO of the debtor, various objectors, proposed lenders, and exhibits such as pleadings and documents filed in the bankruptcy case. The notice reserves the right to supplement the witness and exhibit lists before the hearing.
The Official Committee of Unsecured Creditors for Cordillera Golf Club, LLC filed an application to employ the law firm Munsch Hardt Kopf & Harr, PC as counsel. This notice states that the application is being withdrawn. It was signed by Mark Minuti of Saul Ewing LLP, proposed counsel for the Official Committee of Unsecured Creditors.
The Official Committee of Unsecured Creditors for Cordillera Golf Club, LLC filed an application to employ the law firm Munsch Hardt Kopf & Harr, PC as counsel. This notice states that the application is being withdrawn. It was signed by Mark Minuti of Saul Ewing LLP, proposed counsel for the Official Committee of Unsecured Creditors.
This document is a joinder filed by Joseph Perry, a member of Cordillera Golf Club, in the Delaware Bankruptcy Court. Mr. Perry opposes transferring the bankruptcy case from Delaware. As a member located in Illinois, he believes the case can best be handled in Delaware for the benefit of all members. He also thinks an economically-driven reorganization will be more efficient in Delaware and it is more convenient for him to travel to Delaware for hearings than other locations.
The notice provides information about exhibits that were inadvertently omitted from two declarations filed in support of an objection to motions to transfer venue in the bankruptcy case of Cordillera Golf Club, LLC. Specifically, it states that curriculum vitae for Daniel Fitchett and Harold Bordwin were omitted from their respective declarations and are now being filed as Exhibits 1 and 2 to provide background information on their professional experience and qualifications.
This document is a notice of appearance filed by Duane Morris LLP in the bankruptcy case of Cordillera Golf Club, LLC. Duane Morris LLP represents David A. Wilhelm in the case and requests that all notices and filings be served on them. The notice reserves all rights of David A. Wilhelm, including the right to a jury trial, withdrawal of reference, and any defenses or claims allowed under law or equity.
This document is a joinder filed by Joseph Perry, a member of Cordillera Golf Club, in the Delaware Bankruptcy Court. Mr. Perry opposes transferring the bankruptcy case from Delaware. As a member located in Illinois, he believes the case can best be handled in Delaware for the benefit of all members. He also thinks an economically-driven reorganization will be more efficient in Delaware and it is more convenient for him to travel to Delaware for hearings than other locations.
David A. Wilhelm filed a joinder to the objection of Cordillera Golf Club, LLC to motions filed by various parties to transfer venue of the bankruptcy case from Delaware to Colorado. Wilhelm is a substantial equity owner and secured creditor of the Debtor. He argues that retaining venue in Delaware is in the best interests of the Debtor, its estate, creditors, and other parties. Wilhelm incorporates the Debtor's arguments opposing transfer of venue and requests that the venue transfer motions be denied.
1. IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Inre: Chapter 11
Cordillera Golf Club, LLC, 1 Case No. 12-11893 (CSS)
dba The Club at Cordillera,
Hearing Date: July 27, 2012 at 1:00 p.m. (ET)
Debtor. Obj. Deadline: July 20, 2012 at 4:00p.m. (ET)
MOTION OF THE DEBTOR FOR AN ORDER ESTABLISHING
PROCEDURES FOR INTERIM COMPENSATION AND
REIMBURSEMENT OF EXPENSES OF PROFESSIONALS
Cordillera Golf Club, LLC, the debtor and debtor in possession in the above-
captioned case (the "Debtor"), by and through its proposed undersigned counsel, hereby moves
this Court (the "Motion") for entry of an order substantially in the form attached hereto as
Exhibit A (the "Order") pursuant to sections 105(a) and 331 of title 11 of the United States Code
(the "Bankruptcy Code"), Rule 2016 of the Federal Rules of Bankruptcy Procedure (the
"Bankruptcy Rules"), and Rule 2016-1 of the Local Rules of Bankruptcy Practice and Procedure
of the United States Bankruptcy Court for the District of Delaware (the "Local Rules")
establishing procedures for the interim compensation and reimbursement of expenses of
professionals. In support of this Motion, the Debtor respectfully states as follows:
JURISDICTION
1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157
and 1334 and the Amended Standing Order ofReference from the United States District Court
for the District of Delaware, dated as of February 29, 2012. This is a core proceeding pursuant
to 28 U.S.C. § 157(b)(2), and the Court may enter a final order consistent with Article III of the
1
The Debtor in this chapter 11 case, and the last four digits of its employer tax identification number, is: XX-
XXX1317. The corporate headquarters address for the Debtor is 97 Main Street, Suite E202, Edwards, CO 81632.
01:12260145.6
2. United States Constitution. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1408 and
1409. The statutory and legal predicates for the relief requested herein are sections 105(a) and
331 of the Bankruptcy Code, Bankruptcy Rule 2016, and Local Rule 2016-1.
BACKGROUND
2. On June 26, 2012 (the "Petition Date"), the Debtor filed a voluntary
petition for relief under chapter 11 of the Bankruptcy Code. The Debtor has continued in
possession of its properties and has continued to operate and maintain its business as a debtor in
possession pursuant to sections 11 07 (a) and 1108 of the Bankruptcy Code.
3. On July 6, 2012, the Office of the United States Trustee for the District of
Delaware (the "U.S. Trustee") appointed an official committee of unsecured creditors (the
"Committee") [Docket No. 86]. No request has been made for the appointment of a trustee or
examiner in this case.
4. A description of the Debtor's business, the reasons for commencing this
chapter 11 case, and the relief sought from the Court to allow for a smooth transition into chapter
11 are set forth in the Declaration ofDanielL. Fitchett, Jr. in support of Chapter 11 Petitions
and First Day Relief[Docket No.2] (the "First Day Declaration"), filed on the Petition Date and
incorporated by reference herein?
RETENTION OF PROFESSIONALS
5. The Debtor has filed or will file applications to retain, among others:
Foley & Lardner LLP, as bankruptcy counsel; Young Conaway Stargatt & Taylor, LLP, as
Delaware bankruptcy and conflicts counsel; GA Keen Realty Advisors, LLC, as real estate
advisor/consultant; and PricewaterhouseCoopers LLC, as financial advisors. The Debtor
2
Capitalized terms not otherwise defined herein shall have the meaning attributed to them in the First Day
Declaration.
01:12260145.6
2
3. anticipates that, as this case progresses, it may need to retain other professionals in connection
with its chapter 11 efforts. In addition, the Committee will likely retain counsel, and possibly
other professionals, to assist them in fulfilling its obligations in this case.
RELIEF REQUESTED
6. By this Motion, the Debtor seeks entry of an order, substantially in the
form attached hereto as Exhibit A, authorizing and establishing procedures for the compensation
and reimbursement of court-approved professionals (each a "Professional" and collectively, the
"Professionals") on a monthly basis, on terms comparable to the procedures established in other
large chapter 11 cases. Such an order will streamline the professional compensation process and
enable the Court and all other parties to monitor more effectively the professional fees incurred
in this chapter 11 case.
7. Specifically, the Debtor proposes that, except as otherwise provided in an
order of the Court authorizing the retention of a particular Professional, the Professionals be
permitted to seek interim payment of compensation and reimbursement of expenses in
accordance with the following procedures (collectively, the "Compensation Procedures"):
a) No earlier than the 5th day of each month following the month for
which compensation is sought, each Professional seeking interim allowance of its fees
and expenses may file an application (including the relevant time entry and description
and expense detail) with the Court for interim allowance of compensation for services
rendered and reimbursement of expenses incurred during the preceding month (a
"Monthly Fee Application"), and serve such Monthly Fee Application on the following
parties: (i) the Debtor, Cordillera Golf Club, LLC, 97 Main Street, Suite E202,
Edwards, CO 81632 (Attn: Alfred Siegel, ChiefRestructuring Officer); (ii) counsel to
the Debtor, Foley & Lardner LLP, 402 West Broadway, Suite 2100, San Diego,
California 92101 (Attn: Christopher Celentino) and Young Conaway Stargatt & Taylor,
LLP, Rodney Square, 1000 North King Street, Wilmington, DE 19801 (Attn: Travis G.
Buchanan); (iii) the Office of the United States Trustee, 844 King St., Suite 2207,
Wilmington, DE 19801 (Attn: Mark Kenney); (iv) counsel to the Office of the United
States Attorney for the District of Delaware; (v) counsel to the Official Committee of
Unsecured Creditors; (vi) counsel to the prepetition secured lenders; (vii) counsel to the
proposed post-petition secured lender; and (viii) all parties requesting notice pursuant to
01:12260145.6
3
4. Bankruptcy Rule 2002 (each a "Notice Party" and collectively, the "Notice Parties").
All Monthly Fee Applications shall comply with the Bankruptcy Code, the Bankruptcy
Rules, and the Local Rules.
b) Each Notice Party will have fifteen (15) days after service of a
Monthly Fee Application to object thereto (the "Objection Deadline"). If no objections
are raised prior to the expiration of the Objection Deadline, the Professional submitting
the Monthly Fee Application shall file a certificate of no objection with the Court, after
which the Debtor shall be authorized to pay such Professional an amount equal to 80%
of the fees and 100% ofthe expenses requested in its Monthly Fee Application (the
"Maximum Interim Payment"). If an objection is properly filed pursuant to
subparagraph (c) below, the Debtor shall be authorized to pay the Professional 80% of
the fees and 100% of the expenses not subject to an objection (the "Actual Interim
Payment"). The first Monthly Fee Application submitted by each Professional shall
cover the period from the Petition Date through and including July 31, 2012.
c) If any Notice Party objects to a Professional's Monthly Fee
Application, such Notice Party must, on or before the expiration of the Objection
Deadline, file with the Court and serve on such Professional and each other Notice Party
a written objection (the "Objection") so as to be received on or before the Objection
Deadline. Any such Objection shall identify with specificity the objectionable fees
and/or expenses, including the amount of such objected to fees and/or expenses, and the
basis for such Objection. Thereafter, the objecting party and the affected Professional
may attempt to resolve the Objection on a consensual basis. If the parties are unable to
reach a resolution within 20 days after service of the Objection, the affected Professional
may either: (i) file a response to the Objection with the Court, together with a request for
payment of the difference, if any, between the Maximum Interim Payment and the
Actual Interim Payment made to such Professional (the "Incremental Amount"); or
(ii) forego payment of the Incremental Amount until the next interim or final fee
application hearing, at which time the Court will consider and rule on the Objection if
requested by the parties.
d) Beginning with the approximate three month period from the
Petition Date and ending on September 30, 2012, and at each three month period
thereafter, each Professional shall file with the Court and serve on the Notice Parties an
application (an "Interim Fee Application") for interim allowance of compensation and
reimbursement of expenses sought in the Monthly Fee Applications filed during such
three month period (the "Interim Fee Period") pursuant to section 331 of the Bankruptcy
Code. The Interim Fee Application must identify the covered Monthly Fee Applications
and include any other information requested by the Court or required by the Local
Rules. Interim Fee Applications shall be filed with the Court and served on the Notice
Parties within 45 days after the end of the applicable Interim Fee Period. Each
Professional shall file its first Interim Fee Application on or before November 14, 2012,
and the first Interim Fee Application shall cover the Interim Fee Period from the Petition
Date through and including September 30, 2012.
01:12260145.6
4
5. e) The Debtor shall request that the Court schedule a hearing on
Interim Fee Applications at least once every six (6) months or at such other intervals as
the Court deems appropriate.
f) The pendency of an Objection to payment of compensation or
reimbursement of expenses shall not disqualify a Professional from the future payment
of compensation or reimbursement of expenses pursuant to the Compensation
Procedures.
g) Neither (i) the payment of or the failure to pay, in whole or in
part, monthly interim compensation and reimbursement of expenses under the
Compensation Procedures, nor (ii) the filing of or the failure to file an Objection to any
Monthly Fee Application or Interim Fee Application will bind any party in interest or
the Court with respect to the allowance of interim or final applications for compensation
for services rendered and reimbursement of expenses of Professionals. All fees and
expenses paid to Professionals in accordance with the Compensation Procedures are
subject to disgorgement until final allowance by the Court.
8. The Debtor also requests that each member of the Committee be permitted
to submit statements of expenses (excluding the fees and expenses of third-party counsel to
individual Committee members) and supporting vouchers to the Committee's counsel, which
counsel will collect and submit the Committee members' requests for reimbursement in
accordance with the Compensation Procedures. Approval of these Compensation Procedures,
however, will not authorize payment of such expenses to the extent such authorization does not
exist under the Bankruptcy Code, applicable Third Circuit law, the Bankruptcy Rules, the Local
Rules, or the practices of this Court.
9. In addition, the Debtor further requests that the Court limit service of the
Monthly Fee Applications, Interim Fee Applications, final fee applications and Hearing Notices
(as defined herein) as follows: (i) the Notice Parties shall be entitled to receive the Monthly Fee
Applications, Interim Fee Applications, final fee applications, and notices of any hearing thereon
(the "Hearing Notices") and (ii) the parties in interest requesting notice pursuant to Bankruptcy
Rule 2002 shall be entitled to receive only the Interim Fee Applications and Hearing Notices.
01:12260145.6
5
6. Providing notice of fee applications in this manner will permit the parties most active in this
chapter 11 case to monitor the fees and expenses incurred by Professionals and will avoid
unnecessary duplication and mailing expenses.
BASIS FOR RELIEF REQUESTED
10. Section 331 ofthe Bankruptcy Code provides, in relevant part, as follows:
A trustee, an examiner, a debtor's attorney, or any professional
person employed under section 327 or 1103 ofthis title may apply
to the court not more than once every 120 days after an order for
relief in a case under this title, or more often if the court permits,
for such compensation for services rendered before the date of
such an application or reimbursement for expenses incurred before
such date as is provided under section 330 of this title. After
notice and a hearing, the court may allow and disburse to such
applicant such compensation or reimbursement.
11 U.S.C. § 331. Absent an order of this Court, section 331 limits Professionals rendering
services in this chapter 11 case to payment of fees and expenses only three times per year.
11. Congress' intent in enacting section 331 is expressed unequivocally in the
House and Senate Reports accompanying enactment of the Bankruptcy Code:
The court may permit more frequent applications if the
circumstances warrant, such as in very large cases where the legal
work is extensive and merits more frequent payments. The court is
authorized to allow and order disbursement to the applicant of
compensation and reimbursement that is otherwise allowable under
section 330.
H.R. Rep. No. 595, 95th Cong. 1st Sess. 330 (1977); S. Rep. No. 989, 95th Cong., 2d Sess.
41-42 (1978).
12. Section 105(a) of the Bankruptcy Code provides, in pertinent part, that
"[t]he court may issue any order, process, or judgment that is necessary or appropriate to carry
out the provisions of this title." 11 U.S.C. § 105(a). As set forth below, courts have regularly
01:12260145.6
6
7. entered orders, in accordance with section 105(a) of the Bankruptcy Code, establishing
procedures providing for the interim compensation and expense reimbursement of professionals
on a monthly basis. Factors generally considered by the courts in determining whether such
relief is warranted include "the size of [the] reorganization cases, the complexity of the issues
involved, and the time required on the part of the attorneys for the debtors-in-providing services
necessary to achieve a successful reorganization of the debtors." In re Int'l Horizons, Inc., 10
B.R. 895, 897-98 (Bankr. N.D. Ga. 1981). In considering these factors, courts have determined
that interim compensation procedures are appropriate to avoid having the professionals fund the
debtor's reorganization proceedings. See id. at 897.
13. The Debtor submits that the Compensation Procedures are appropriate and
consistent with interim compensation procedures established in other chapter 11 cases in this
District. See,~' In re William Lyon Homes, Case No. 11-14019 (CSS) (Bankr. D. Del. Jan.
10, 2012); In re SP Newsprint Holdings LLC, Case No. 11-13649 (CSS) (Bankr. D. Del. Dec. 7,
2011); In re Leslie Controls, Inc., Case No. 10-12199 (CSS) (Bankr. D. Del. Aug. 9, 2010); In re
Am. Home Mortg. Holdings, Inc., Case No. 07-11047 (CSS) (Bankr. D. Del. Sept. 3, 2007).
14. The Debtor further submits that the efficient administration ofthis chapter
11 case will be significantly aided by implementing the Compensation Procedures.
15. For the foregoing reasons, the Debtor believes that granting the relief
requested herein is appropriate and in the best interests of its estate and creditors.
NOTICE
16. Notice of this Motion has been provided to: (i) the Office of the United
States Trustee; (ii) the Office of the United States Attorney for the District of Delaware; (iii)
counsel to the Official Committee ofUnsecured Creditors; (iv) counsel to prepetition secured
01:12260145.6
7
8. lenders; (v) counsel to proposed post-petition secured lender; and (vi) all parties requesting
notice pursuant to Bankruptcy Rule 2002. In light of the nature of the relief requested herein, the
Debtor submits that no other or further notice is necessary.
NO PRIOR REQUEST
17. The Debtor has not previously sought the relief requested herein from this
or any other court.
WHEREFORE, the Debtor respectfully seeks entry of an order substantially in the
form attached hereto as Exhibit A granting the requested relief and such other and further relief
as it deems just and proper.
Dated: Wilmington, Delaware FOLEY & LARDNER LLP
July 10,2012 Christopher Celentino
Erika Moribita
Mikel Bistrow
Admitted Pro Hac Vice
402 West Broadway, Suite 2100
San Diego, California 92101
Telephone: (619) 234-6655
Facsimile: (619) 234-3510
-and-
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Is/ Donald J Bowman Jr.
Michael R. Nestor (No. 3526)
Joseph M. Barry (No. 4221)
Donald J. Bowman, Jr. (No. 4383)
Justin P. Duda (No. 5478)
Rodney Square
1000 N. King Street
Wilmington, Delaware 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
Proposed Counsel for Debtor and Debtor in Possession
01:12260145.6
8
9. IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
Cordillera Golf Club, LLC, 1 Case No. 12-11893 (CSS)
dba The Club at Cordillera,
Hearing Date: July 27, 2012 at 1:00p.m. (ET)
Debtor. Obj. Deadline: July 20, 2012 at 4:00p.m. (ET)
NOTICE OF MOTION
TO: (A) THE OFFICE OF THE UNITED STATES TRUSTEE; (B) THE OFFICE OF THE
UNITED STATES ATTORNEY FOR THE DISTRICT OF DELAWARE; (C)
COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS; (D)
COUNSEL TO PREPETITION SECURED LENDERS; (E) COUNSEL TO PROPOSED
POST-PETITION SECURED LENDER; AND (F) ALL PARTIES THAT HAVE
REQUESTED NOTICE PURSUANT TO FEDERAL RULE OF BANKRUPTCY
PROCEDURE 2002
PLEASE TAKE NOTICE that the above-captioned debtor and debtor in
possession (the "Debtor") filed the attached Motion of the Debtor for an Order Establishing
Procedures for Interim Compensation and Reimbursement of Expenses of Professionals (the
"Motion").
PLEASE TAKE FURTHER NOTICE that responses, if any, to the Motion
must be filed with the United States Bankruptcy Court for the District of Delaware, 824 N.
Market Street, 3rd Floor, Wilmington, Delaware 19801 on or before July 20, 2012, at 4:00P.M.
(ET) (the "Objection Deadline"). At the same time, you must serve a copy of your response
upon the undersigned counsel.
PLEASE TAKE FURTHER NOTICE THAT A HEARING ON THE
MOTION WILL BE HELD ON JULY 27, 2012, AT 1:00 P.M. (ET) BEFORE THE
HONORABLE CHRISTOPHER S. SONTCHI IN THE UNITED STATES BANKRUPTCY
COURT FOR THE DISTRICT OF DELAWARE, 824 N. MARKET STREET, 5TH FLOOR,
COURTROOM NO. 6, WILMINGTON, DELAWARE 19801.
PLEASE TAKE FURTHER NOTICE THAT IF YOU FAIL TO RESPOND
TO THE MOTION IN ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT
THE RELIEF REQUESTED THEREIN WITHOUT FURTHER NOTICE OR A HEARING.
1
The Debtor in this chapter 11 case, and the last four digits of its employer tax identification number, is: XX-
XXX1317. The corporate headquarters address for the Debtor is 97 Main Street, Suite E202, Edwards, CO 81632.
01:12260145.6
10. Dated: Wilmington, Delaware FOLEY & LARDNERLLP
July 10, 2012 Christopher Celentino
Erika Moribita
Mikel Bistrow
Admitted Pro Hac Vice
402 West Broadway, Suite 2100
San Diego, California 92101
Telephone: (619) 234-6655
Facsimile: (619) 234-3510
-and-
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Is/ Donald J Bowman, Jr.
Michael R. Nestor (No. 3526)
Joseph M. Barry (No. 4221)
Donald J. Bowman, Jr. (No. 4383)
Justin P. Duda (No. 5478)
Rodney Square
1000 N. King Street
Wilmington, Delaware 19801
Telephone: (302) 571-6600
Facsimile: (302) 571-1253
Proposed Counsel for Debtor and Debtor in Possession
01:12260145.6
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12. IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
Cordillera Golf Club, LLC, 1 Case No. 12-11893 (CSS)
dba The Club at Cordillera,
Ref. Docket No.
Debtor.
ORDER AUTHORIZING PROCEDURES FOR INTERIM COMPENSATION
AND REIMBURSEMENT OF EXPENSES OF PROFESSIONALS
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Upon the Motion of the debtor and debtor in possession in the above-captioned
case (the "Debtor") for entry of an order (the "Order") pursuant to sections 105(a) and 331 of the
Bankruptcy Code, Bankruptcy Rule 2016, and Local Rule 2016-1, establishing procedures for
the interim compensation and reimbursement of expenses of professionals; and upon
consideration of the Motion and all pleadings related thereto, including the First Day
Declaration; and due and proper notice of this Motion having been given; and it appearing that
no other or further notice is required; and it appearing that the Court has jurisdiction to consider
the Motion in accordance with 28 U.S.C. §§ 157 and 1334; and it appearing that this is a core
proceeding pursuant to 28 U.S.C. § 157(b)(2); and it appearing that venue of this proceeding and
this Motion is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that the relief
requested is in the best interest of the Debtor, its estate, and creditors and after due deliberation,
and sufficient cause appearing therefor,
IT IS HEREBY ORDERED THAT:
1. The Motion is granted.
1
The Debtor in this chapter 11 case, and the last four digits of its employer tax identification number, is: XX-
XXX1317. The corporate headquarters address for the Debtor is 97 Main Street, Suite E202, Edwards, CO 81632.
2
All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Motion.
01:12260145.6
13. 2. Except as otherwise provided in an order of the Court authorizing the
retention of a particular professional, the professionals specifically retained pursuant to an order
of the Court in this case (each a "Professional" and collectively, the "Professionals") may seek
interim payment of compensation and reimbursement of expenses in accordance with the
following procedures (collectively, the "Compensation Procedures"):
a) No earlier than the 5th day of each month following the month for
which compensation is sought, each Professional seeking interim allowance of its fees
and expenses may file an application (including the relevant time entry and description
and expense detail) with the Court for interim allowance of compensation for services
rendered and reimbursement of expenses incurred during the preceding month (a
"Monthly Fee Application"), and serve such Monthly Fee Application on the following
parties: (i) the Debtor, Cordillera Golf Club, LLC, 97 Main Street, Suite E202,
Edwards, CO 81632 (Attn: Alfred Siegel, ChiefRestructuring Officer); (ii) counsel to
the Debtor, Foley & Lardner LLP, 402 West Broadway, Suite 2100, San Diego,
California 92101 (Attn: Christopher Celentino) and Young Conaway Stargatt & Taylor,
LLP, Rodney Square, 1000 North King Street, Wilmington, DE 19801 (Attn: Travis G.
Buchanan); (iii) the Office of the United States Trustee, 844 King St., Suite 2207,
Wilmington, DE 19801 (Attn: Mark Kenney); (iv) counsel to the Office of the United
States Attorney for the District of Delaware; (v) counsel to the Official Committee of
Unsecured Creditors; (vi) counsel to the prepetition secured lenders; (vii) counsel to the
proposed post-petition secured lender; and (viii) all parties requesting notice pursuant to
Bankruptcy Rule 2002 (each a "Notice Party" and collectively, the "Notice Parties").
All Monthly Fee Applications shall comply with the Bankruptcy Code, the Bankruptcy
Rules, and the Local Rules.
b) Each Notice Party will have fifteen (15) days after service of a
Monthly Fee Application to object thereto (the "Objection Deadline"). If no objections
are raised prior to the expiration of the Objection Deadline, the Professional submitting
the Monthly Fee Application shall file a certificate of no objection with the Court, after
which the Debtor shall be authorized to pay such Professional an amount equal to 80%
ofthe fees and 100% ofthe expenses requested in its Monthly Fee Application (the
"Maximum Interim Payment"). If an objection is properly filed pursuant to
subparagraph (c) below, the Debtor shall be authorized to pay the Professional 80% of
the fees and 100% of the expenses not subject to an objection (the "Actual Interim
Payment"). The first Monthly Fee Application submitted by each Professional shall
cover the period from the Petition Date through and including July 31, 2012.
c) If any Notice Party objects to a Professional's Monthly Fee
Application, such Notice Party must, on or before the expiration of the Objection
Deadline, file with the Court and serve on such Professional and each other Notice Party
a written objection (the "Objection") so as to be received on or before the Objection
Deadline. Any such Objection shall identity with specificity the objectionable fees
01:12260145.6
2
14. and/or expenses, including the amount of such objected to fees and/or expenses, and the
basis for such Objection. Thereafter, the objecting party and the affected Professional
may attempt to resolve the Objection on a consensual basis. If the parties are unable to
reach a resolution within 20 days after service of the Objection, the affected Professional
may either: (i) file a response to the Objection with the Court, together with a request for
payment of the difference, if any, between the Maximum Interim Payment and the
Actual Interim Payment made to such Professional (the "Incremental Amount"); or
(ii) forego payment of the Incremental Amount until the next interim or final fee
application hearing, at which time the Court will consider and rule on the Objection if
requested by the parties.
d) Beginning with the approximate three month period from the
Petition Date and ending on September 30, 2012, and at each three month period
thereafter, each Professional shall file with the Court and serve on the Notice Parties an
application (an "Interim Fee Application") for interim allowance of compensation and
reimbursement of expenses sought in the Monthly Fee Applications filed during such
three month period (the "Interim Fee Period") pursuant to section 331 of the Bankruptcy
Code. The Interim Fee Application must identify the covered Monthly Fee Applications
and include any other information requested by the Court or required by the Local Rules.
Interim Fee Applications shall be filed with the Court and served on the Notice Parties
within 45 days after the end of the applicable Interim Fee Period. Each Professional
shall file its first Interim Fee Application on or before November 14, 2012, and the first
Interim Fee Application shall cover the Interim Fee Period from the Petition Date
through and including September 30, 2012.
e) The Debtor shall request that the Court schedule a hearing on
Interim Fee Applications at least once every six (6) months or at such other intervals as
the Court deems appropriate.
f) The pendency of an Objection to payment of compensation or
reimbursement of expenses shall not disqualify a Professional from the future payment
of compensation or reimbursement of expenses pursuant to the Compensation
Procedures.
g) Neither (i) the payment of or the failure to pay, in whole or in
part, monthly interim compensation and reimbursement of expenses under the
Compensation Procedures, nor (ii) the filing of or the failure to file an Objection to any
Monthly Fee Application or Interim Fee Application will bind any party in interest or
the Court with respect to the allowance of interim or final applications for compensation
for services rendered and reimbursement of expenses of Professionals. All fees and
expenses paid to Professionals in accordance with the Compensation Procedures are
subject to disgorgement until final allowance by the Court.
3. Each member of the Committee is permitted to submit statements of
expenses (excluding the fees and expenses of third-party counsel to individual Committee
01:12260145.6
3
15. members) and supporting vouchers to the Committee's counsel, which counsel shall collect and
submit the Committee members' requests for reimbursement in accordance with the
Compensation Procedures; provided that approval of these Compensation Procedures does not
authorize payment of such expenses to the extent that such authorization does not exist under the
Bankruptcy Code, applicable Third Circuit law, the Bankruptcy Rules, the Local Rules, or the
practices of this Court.
4. Service of the Monthly Fee Applications, Interim Fee Applications, final
fee applications and Hearing Notices (as defined herein) in this chapter 11 case in the following
manner is hereby authorized and approved: (i) the Notice Parties shall be entitled to receive the
Monthly Fee Applications, Interim Fee Applications, final fee applications, and notices of any
hearing thereon (the "Hearing Notices") and (ii) the parties in interest requesting notice pursuant
to Bankruptcy Rule 2002 shall be entitled to receive only the Interim Fee Applications and
Hearing Notices.
5. All time periods reference in this Order shall be calculated in accordance
with Bankruptcy Rule 9006(a).
6. This Court shall retain jurisdiction with respect to all matters arising from
or related to the implementation and interpretation of this Order.
Dated: Wilmington, Delaware
July _ _ , 2012
Christopher S. Sontchi
United States Bankruptcy Judge
01:12260145.6
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