smb Doc 117 Filed 09/28/17 Entered 09/28/17 17:00:54 Main Document Pg 1 of 3

Transcription

1 smb Doc 117 Filed 09/28/17 Entered 09/28/17 17:00:54 Main Document Pg 1 of 3 Windels Marx Lane & Mittendorf, LLP 156 West 56th Street New York, New York Tel: (212) Howard L. Simon (hsimon@windelsmarx.com) Kim M. Longo (klongo@windelsmarx.com) John J. Tepedino (jtepedino@windelsmarx.com) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Applicant, Ad Pro. No (SMB) SIPA LIQUIDATION (Substantively Consolidated) BERNARD L. MADOFF INVESTMENT SECURITIES LLC, In re: BERNARD L. MADOFF, Defendant. Debtor. IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Ad Pro. No (SMB) Plaintiff, MILES Q. FITERMAN REVOCABLE TRUST; MARITAL TRUST; TOWERS MANAGEMENT COMPANY LLC; FITERMAN GST EXEMPT MARITAL TRUST; MILES FITERMAN FAMILY TRUST; SHIRLEY FITERMAN, individually, and in her capacity as Trustee for the MILES Q. FITERMAN REVOCABLE TRUST and the MARITAL TRUST; STEVEN FITERMAN, individually, and in his capacity as Trustee for

2 smb Doc 117 Filed 09/28/17 Entered 09/28/17 17:00:54 Main Document Pg 2 of 3 the MILES Q. FITERMAN REVOCABLE TRUST and the MILES Q. FITERMAN NONEXEMPT MARITAL TRUST; VALERIE HERSCHMAN, individually, and in her capacity as Trustee for the MILES Q. FITERMAN REVOCABLE TRUST and the MILES Q. FITERMAN NON-EXEMPT MARITAL TRUST; KAREN WASSERMAN; LYNN GUEZ; STEPHANIE ROSENTHAL; MILES Q. FITERMAN II; AND MATTHEW FITERMAN, Defendants. CERTIFICATE OF NO OBJECTION REGARDING TRUSTEE S MOTION FOR ENTRY OF AN ORDER PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE AND RULES 2002 AND 9019 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE APPROVING A SETTLEMENT AGREEMENT BY AND BETWEEN THE TRUSTEE AND THE DEFENDANTS Irving H. Picard (the Trustee ), as trustee for the substantively consolidated liquidation of Bernard L. Madoff Investment Securities LLC and the chapter 7 estate of Bernard L. Madoff, by and through his undersigned counsel, submits this certificate pursuant to Local Bankruptcy Rule , and respectfully represents: 1. On August 29, 2017, the Trustee filed the Motion for Entry of an Order Pursuant to Section 105(a) of the Bankruptcy Code and Rules 2002 and 9019 of the Federal Rules of Bankruptcy Procedure Approving a Settlement Agreement By and Between the Trustee and the Defendants in the above-captioned proceeding (the Motion ) (ECF No. 115) The deadline for filing objections to the Motion expired on September 26, 2017 at 5:00 p.m. A hearing on the Motion has been scheduled for October 3, 2017 at 10:00 a.m. 3. Notice of Motion was provided by U.S. Mail, postage prepaid or to (i) defendants in this adversary proceeding; (ii) all parties included in the Master Service List as defined in the Order Establishing Notice Procedures (ECF No. 4560); (iii) all parties that have filed a notice of appearance in these cases; (iv) the SEC; (v) the IRS; (vi) the Acting United 1 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion. 2

3 smb Doc 117 Filed 09/28/17 Entered 09/28/17 17:00:54 Main Document Pg 3 of 3 States Attorney for the Southern District of New York; and (vii) SIPC, pursuant to the Order Establishing Notice Procedures (ECF No. 4560). 4. Counsel has reviewed the Court s docket not less than forty-eight (48) hours after expiration of the time to file an objection and, to date, no objection, responsive pleading, or request for a hearing with respect to the Motion appears thereon. Additionally, no party has indicated to the Trustee that it intends to oppose the relief requested in the Motion. 5. An electronic copy of the proposed order (the Order ), that is substantially in the form of the proposed order that was annexed to the Motion will be submitted to the Court, along with this certificate. 6. Pursuant to Local Bankruptcy Rule , the Trustee respectfully requests that the Order be entered without a hearing. Respectfully submitted, Dated: New York, New York September 28, 2017 By: /s/ Howard L. Simon Howard L. Simon (hsimon@windelsmarx.com) Kim M. Longo (klongo@windelsmarx.com) John J. Tepedino (jtepedino@windelsmarx.com) Windels Marx Lane & Mittendorf, LLP 156 West 56th Street New York, New York Telephone: (212) Facsimile: (212) Special Counsel for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and Bernard L. Madoff 3

4 smb Doc Filed 09/28/17 Entered 09/28/17 17:00:54 Proposed Order Pg 1 of 3 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Applicant, Ad Pro. No (SMB) SIPA LIQUIDATION (Substantively Consolidated) BERNARD L. MADOFF INVESTMENT SECURITIES LLC, In re: BERNARD L. MADOFF, Defendant. Debtor. IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Ad Pro. No (SMB) Plaintiff, MILES Q. FITERMAN REVOCABLE TRUST; MARITAL TRUST; TOWERS MANAGEMENT COMPANY LLC; FITERMAN GST EXEMPT MARITAL TRUST; MILES FITERMAN FAMILY TRUST; SHIRLEY FITERMAN, individually, and in her capacity as Trustee for the MILES Q. FITERMAN REVOCABLE TRUST and the MARITAL TRUST; STEVEN FITERMAN, individually, and in his capacity as Trustee for the MILES Q. FITERMAN REVOCABLE TRUST and the MILES Q. FITERMAN NONEXEMPT MARITAL TRUST; VALERIE HERSCHMAN, individually, and in her capacity as Trustee for the MILES Q. FITERMAN REVOCABLE TRUST and the MILES Q.

5 smb Doc Filed 09/28/17 Entered 09/28/17 17:00:54 Proposed Order Pg 2 of 3 FITERMAN NON-EXEMPT MARITAL TRUST; KAREN WASSERMAN; LYNN GUEZ; STEPHANIE ROSENTHAL; MILES Q. FITERMAN II; AND MATTHEW FITERMAN, Defendants. ORDER PURSUANT TO SECTION 105(a) OF THE BANKRUPTCY CODE AND RULES 2002 AND 9019 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE APPROVING A SETTLEMENT AGREEMENT BY AND BETWEEN THE TRUSTEE AND THE DEFENDANTS Upon the motion (ECF Number 115, the Motion ) 1 of Irving H. Picard, Esq. (the Trustee ) as trustee for the substantively consolidated liquidation of Bernard L. Madoff Investment Securities LLC and the chapter 7 estate of Bernard L. Madoff, seeking entry of an order, pursuant to section 105(a) of the United States Bankruptcy Code, 11 U.S.C. 101 et seq., and Rules 2002 and 9019 of the Federal Rules of Bankruptcy Procedure, approving the agreement, by and between the Trustee and the Defendants as more particularly set forth in the agreement annexed thereto (the Agreement ); and it appearing that due and sufficient notice has been given to all parties in interest as required by Rules 2002 and 9019 of the Federal Rules of Bankruptcy Procedure and the Order Establishing Notice Procedures (SIPA Proceeding, ECF No. 4560); and the Court having considered the Affidavit of Irving H. Picard in support of the Motion; and no objection having been filed; and the Trustee having filed a Certificate of No Objection pursuant to Local Bankruptcy Rule representing that no objection, responsive pleading, or request for a hearing with respect to the Motion has been made; and it further appearing that this Court has jurisdiction to consider the Motion and the relief requested therein pursuant to 28 U.S.C. 157 and 1334; and after due deliberation; and sufficient cause appearing therefor; it is ORDERED, that the Motion is granted; and it is further 1 All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion. 2

6 smb Doc Filed 09/28/17 Entered 09/28/17 17:00:54 Proposed Order Pg 3 of 3 ORDERED, that the Agreement between the Trustee and the Defendants is hereby approved and authorized; and it is further ORDERED, that the Trustee and the Defendants shall each comply with and carry out the terms of the Agreement; and it is further ORDERED, that this Court shall have exclusive jurisdiction over any and all disputes between or among the Parties arising out of or relating to the Agreement, as set forth more fully in the Agreement. Dated: New York, New York, 2017 HONORABLE STUART M. BERNSTEIN UNITED STATES BANKRUPTCY JUDGE 3