IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN

Transcription

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: ARCHDIOCESE OF MILWAUKEE, Debtor. Case No svk Chapter 11 Hon. Susan V. Kelley MOTION FOR AN ORDER TO SHORTEN TIME TO OBJECT TO DEBTOR S MOTION FOR AN ORDER AUTHORIZING DEBTOR TO ASSUME CERTAIN NONRESIDENTIAL REAL PROPERTY LEASES The Archdiocese of Milwaukee, debtor and debtor in possession (the Debtor or Archdiocese ) moves the Court pursuant to Federal Rule of Bankruptcy Procedure 9006(c)(1) for an order shortening the time for a hearing on the Motion for an Order Authorizing Debtor to Assume Certain Nonresidential Real Property Leases (the Motion ), and respectfully states as follows: 1. As further explained in the Motion, pursuant to the lease attached as Exhibit A to the Motion (the Cousins Center Lease ), and the lease amendment attached as Exhibit B to the Motion (the Amendment ), De Sales Preparatory Seminary, Inc. leases the Archbishop Cousins Center (the Cousins Center ) to the Archdiocese. The Archdiocese subleases a portion of the Cousins Center (the Premises ) to the Milwaukee Bucks, LLC (the Bucks ). The Premises are used by the Bucks as a training facility for its professional basketball team. Daryl L. Diesing Bruce G. Arnold Francis H. LoCoco Iana A. Vladimirova WHYTE HIRSCHBOECK DUDEK S.C. 555 East Wells Street, Suite 1900 Milwaukee, Wisconsin Telephone: (414) Facsimile: (414) flococo@whdlaw.com Case svk Doc 3165 Filed 06/24/15 Page 1 of 3

2 2. The parties have been negotiating an Amendment since the beginning of this case. The negotiations were complicated by the sale of the Bucks approximately one year ago and negotiations between the Bucks and state and local officials over the construction of a new basketball arena and state of the art practice facility in downtown Milwaukee as mandated by the National Basketball Association. 3. The Amendment will increase the annual rental payment (the Rent ) for the Premises which is a benefit to the Chapter 11 estate. 4. Training for professional basketball teams regularly begins in early September. 6. In anticipation of the beginning of training, the Bucks plan to remodel a portion of the Premises. 7. The Bucks will not be able to begin such construction until the Cousins Center Lease and the Amendment are approved by the Court. 8. To meet the Bucks deadlines, remodeling and construction should have already begun. Consequently, approval of the Cousins Center Lease and the Amendment are critical so the remodeling and construction can begin as soon as possible. 9. Accordingly, the Debtor respectfully requests that the Court enter an order in substantially the form attached hereto as Exhibit 1, requiring any objections to the Motion be filed no later than July 2, 2015, at 5:00 p.m. (Central Time) and further requests that a hearing on this matter be set for no later than July 10, The Debtor is authorized to state that counsel for the Bucks and counsel for De Sales have no objection to the shortened objection period. WHD/ Case svk Doc 3165 Filed 06/24/15 Page 2 of 3

3 Dated this 24th day of June, Respectfully submitted, ARCHDIOCESE OF MILWAUKEE Debtor and Debtor-in-Possession by its counsel, Whyte Hirschboeck Dudek S.C. P.O. ADDRESS: 555 East Wells Street, Suite 1900 Milwaukee, Wisconsin Telephone: (414) Facsimile: (414) By: /s/ Daryl L. Diesing Daryl L. Diesing Bruce G. Arnold Francis H. LoCoco Iana A. Vladimirova WHD/ Case svk Doc 3165 Filed 06/24/15 Page 3 of 3

4 Exhibit 1 Case svk Doc Filed 06/24/15 Page 1 of 3

5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF WISCONSIN In re: ARCHDIOCESE OF MILWAUKEE, Debtor. Case No svk Chapter 11 Hon. Susan V. Kelley ORDER SHORTENING TIME TO OBJECT TO DEBTOR S MOTION FOR AN ORDER AUTHORIZING DEBTOR TO ASSUME CERTAIN NONRESIDENTIAL REAL PROPERTY LEASES This matter having come before the Court on the Debtor s Motion for an Order to Shorten the Time to Object to Debtor s Motion For an Order Authorizing Debtor to Assume the Certain Nonresidential Real Property Leases (the Motion ) 1 ; the Court having reviewed the Motion and found that notice of the Motion was sufficient under the circumstances; and the 1 All capitalized terms not defined herein shall have the same meaning ascribed to them in the Motion. Daryl L. Diesing Bruce G. Arnold Francis H. LoCoco Iana A. Vladimirova Whyte Hirschboeck Dudek S.C. 555 East Wells Street, Suite 1900 Milwaukee, Wisconsin Telephone: (414) Facsimile: (414) ddiesing@whdlaw.com Case svk Doc Filed 06/24/15 Page 2 of 3

6 Court being fully advised in the premises and having determined that the legal and factual basis set forth in the Motion establish just cause for the relief granted herein; NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. All objections to the Motion must be filed no later than July 2, 2015, at 5:00 p.m. (Central Time). ##### WHD/ Case svk Doc Filed 06/24/15 Page 3 of 3