Case Doc 28 Filed 01/10/18 Page 1 of 16. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division
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- Loraine Caldwell
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1 Case Doc 28 Filed 01/10/18 Page 1 of 16 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1 Case No Chapter 11 JOINT CHAPTER 11 PLAN OF (I THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, AND (II AHH16 DEVELOPMENT, LLC, DATED AS OF JANUARY 10, 2018 The Condominium Association of the Lynnhill Condominium, as debtor and debtor-inpossession, and AHH16 Development, LLC hereby file this Chapter 11 Plan ( Plan pursuant to section 1121(a of the Bankruptcy Code. Article 1 Defined Terms For purposes of this Plan, the following terms have the meanings set forth below: 1.1 Administrative Bar Date means thirty (30 calendar days after the Confirmation Date and is the day when all requests for allowance of Administrative Claims incurred through the Confirmation Date must be filed with the Court or be waived and forever barred. Notice of confirmation of this Plan shall be deemed sufficient and adequate notice of the Administrative Bar Date. 1.2 Administrative Claim means an Allowed Claim for costs and expenses of administering and preserving the Estate pursuant to section 503(b of the Bankruptcy Code, including fees of Professionals approved by the Court and any and all fees payable to the U.S. Trustee by the Debtor under 28 U.S.C. 1930(a( AHH means AHH16 Development, LLC, in its capacity as purchaser of the Property, or its designee. 1.4 Allowed Claim means a claim (as defined in section 101(5 of the Bankruptcy Code against the Debtor: 1 The Debtor s federal identification number is v6
2 Case Doc 28 Filed 01/10/18 Page 2 of 16 a. for which a Proof of Claim was filed with the Court on or before February 9, 2018, or for Governmental Units on or before July 9, 2018, the applicable period of limitations fixed by the Court (see Doc. ; b. listed in Schedules D, E or F filed by the Debtor with the Court, including any amendments thereto, and that is not listed as disputed, contingent, or unliquidated; or c. for which an application has been filed pursuant to sections 329 and 330 of the Bankruptcy Code; and, as to any such claim, either no objection to the allowance thereof has been filed or, if an objection to the allowance thereof has been filed, the Court has overruled such objection or fixed the amount of such claim. 1.5 Bankruptcy Case means the above-captioned bankruptcy case filed by the Debtor. 1.6 Bankruptcy Code means the Bankruptcy Reform Act of 1978, as codified in title 11 of the United States Code, 11 U.S.C , together with all amendments and modifications thereto that were subsequently made applicable to bankruptcy cases, and such other sections of the United States Code as are applicable to bankruptcy cases. Case. 1.7 Bankruptcy Judge means the bankruptcy judge presiding over the Bankruptcy 1.8 Bankruptcy Rules means (a the Federal Rules of Bankruptcy Procedure, and (b the Local Rules of the U.S. Bankruptcy Court for the District of Maryland, both as now in effect or as hereafter amended. 1.9 Broker means Transwestern Carey Winston, L.L.C. d/b/a Transwestern, the real estate broker retained by the Debtor with the Court s approval in connection with the sale of the Property pursuant to the Exclusive Sales Listing Agreement (see Doc Claim means a claim against the Debtor as defined in section 101(5 of the Bankruptcy Code, including any claims arising from the Debtor s rejection of unexpired leases and executory contracts Class means a category of Holders of Claims pursuant to section 1122(a of the Bankruptcy Code, as described in Articles 3 and 4 of this Plan Closing means the closing of the Sale pursuant to the terms of this Plan, which shall occur within fifteen (15 business days after entry of the Confirmation Order Closing Date means the date on which the Closing occurs v6
3 Case Doc 28 Filed 01/10/18 Page 3 of Confirmation Date means the date on which the Court enters the Confirmation Order Confirmation Hearing means the hearing held by the Court to consider confirmation of this Plan pursuant to sections 1128 and 1129 of the Bankruptcy Code, as may be adjourned or continued from time to time Confirmation Order means the order entered by the Court confirming this Plan that will, among other things, (i provide that (a the Property no longer maintains the status of a condominium; (b the Property no longer operates as a condominium; (c the Property is released from any condominium regime; and (d any and all condominium plans relating to the Property are deemed permanently abandoned; (ii unifies title to all of the Residential Units and the Property, and vests the unified title in the Debtor for purposes of selling the Property to AHH at Closing in accordance with this Plan free and clear of all liens and encumbrances; (iii approve the Sale; and (iv provide that any and all existing liens on the Property or the Residential Units will attach to the Sale Proceeds or the Fractional Sale Proceeds, respectively, with the same priority, validity, force and effect as they now have against the Property or the Residential Units, respectively; provide that the Property be sold to AHH in accordance with section 1146 of the Bankruptcy Code Court means the U.S. Bankruptcy Court for the District of Maryland Debtor means the Condominium Association of the Lynnhill Condominium Debtor s Counsel means Pillsbury Winthrop Shaw Pittman LLP Debtor s Sale Proceeds means that portion of the Net Sale Proceeds allocable to the Debtor for each Residential Unit s unpaid condominium fees and assessments DIP Claims means the Allowed Claims of the DIP Lender under the DIP Loan DIP Loan means that certain senior secured superpriority postpetition loan made by the DIP Lender to the Debtor in the principal amount of $1,250, pursuant to the Amended Commitment Letter of AHH16 Development, LLC or its Designee to Be Purchaser of the Property and Post-Petition Secured Lender in Connection with Lynnhill Condominium Bankruptcy Case and the DIP Orders DIP Lender means AHH16 Development, LLC, in its capacity as lender under the DIP Loan, or any assignee thereof DIP Orders means the interim and final orders entered by the Court approving the DIP Loan and granting the DIP Lender priming liens, superpriority claims and related relief for the senior secured superpriority postpetition loan made by the DIP Lender to the Debtor in the principal amount of $1,250, plus interest and fees (see Docs. and Disputed Claim means (a a Claim as to which an objection has been filed in accordance with Rule 3007 of the Bankruptcy Rules and which has not been resolved by the v6
4 Case Doc 28 Filed 01/10/18 Page 4 of 16 Court; and (b a Claim listed on the Schedules as disputed, contingent or unliquidated and as to which no Proof of Claim has been filed Distribution Date means such date(s as the Debtor shall establish for making Distributions to the Holders of Allowed Claims in accordance with this Plan Distributions means the property required by this Plan to be distributed to the Holders of Allowed Claims Effective Date means the Closing Date Estate means the bankruptcy estate created on the Petition Date pursuant to section 541 of the Bankruptcy Code and includes the Property Executory Contract means any contract to which the Debtor is a party that is subject to assumption or rejection under section 365 of the Bankruptcy Code Former Resident means, with respect to a Residential Unit, the person(s who owned the Residential Unit immediately prior to title to that Residential Unit vesting in the Debtor Former Resident s Claim means any Allowed Claim of a Former Resident on account of his/her property interest in a Residential Unit Fractional Sale Proceeds means that portion of the Net Sale Proceeds allocable to each Residential Unit based on the fractional interests identified on Exhibit C to the Master Deed of the Lynnhill Condominium, which is attached as Exhibit General Unsecured Claim means any Allowed Claim that is not an Administrative Claim, Priority Claim or Secured Claim Governmental Unit has the meaning of such term under section 101(27 of the Bankruptcy Code Holder means the legal or beneficial holder of an Allowed Claim (and, when used in conjunction with a Class or type of Claim, means a Holder of a Claim in such Class or of such type Lien means an attached interest in or charge against the Property or the Residential Units securing payment of a debt or satisfaction of an obligation Net Sale Proceeds means the Sale Proceeds remaining after subtracting all of the costs associated with the Sale and all of the administrative expenses of this Bankruptcy Case, and funding the Professional Fee Reserve and the UST Reserve v6
5 Case Doc 28 Filed 01/10/18 Page 5 of Petition Date means January 10, 2018, the date on which the Debtor filed the petition for relief under chapter 11 of the Bankruptcy Code Post-Confirmation Professional Claims means a claim for compensation or reimbursement of expenses pursuant to sections 327, 328, 330, 331 or 503(b of the Bankruptcy Code relating to services of Professionals performed after the Effective Date, which are to be paid from the Net Sale Proceeds Priority Claims means any and all Priority Tax Claims and Priority Non-Tax Claims Priority Non-Tax Claim means an Allowed Claim accorded priority in right of payment under section 507(a of the Bankruptcy Code, other than a Priority Tax Claim Priority Tax Claim means an Allowed Claim of a Governmental Unit of the kind specified in section 507(a(8 of the Bankruptcy Code Professional means an attorney, accountant, engineer, architect or other professional retained or to be compensated pursuant to an order of the Court entered under sections 327, 328, 330, 503(b or 1103 of the Bankruptcy Code Professional Fee Reserve means the reserve established at Closing for the benefit of Professionals retained as of the Confirmation Date. The Professional Fee Reserve shall be funded in an amount sufficient to pay in full the accrued, but unpaid, fees and expenses of Professionals and will be held in escrow by the Title Company Proof of Claim means a proof of claim filed with the Court pursuant to section 501 of the Bankruptcy Code, Part III of the Bankruptcy Rules or otherwise Property means the real property and improvements thereon located at 3103 and 3107 Good Hope Avenue, Temple Hills, Maryland 20748, which consists of two 7-story buildings with 219 residential units, a parking lot and common areas Purchase Agreement means the agreement pursuant to which the Debtor will sell the Property to AHH at closing for $13.2 million, minus a credit for all amounts advanced and accrued under the DIP Loan and a $1 million credit for certain life, health, and safety requirements of the County in connection with rehabbing the Property. The form of the Purchase Agreement is attached as Exhibit Residential Unit means one of the 219 residential units of the Property Sale means the sale of the Property to AHH pursuant to the terms of this Plan and the Purchase Agreement v6
6 Case Doc 28 Filed 01/10/18 Page 6 of Sale Costs includes the fee payable to the Broker pursuant to the Exclusive Sales Listing Agreement, the fee payable to the Title Company, and all other customary transaction costs incurred by the Debtor in connection with the Sale of the Property Sale Proceeds means the proceeds from the Sale payable at the time of the Closing Schedules means the schedules of assets and liabilities and the statement of financial affairs filed by the Debtor with the Court in accordance with section 521(1 of the Bankruptcy Code and Rule 1007 of the Bankruptcy Rules, and any amendments thereto Secured Claim means any Allowed Claim that is (i secured by a valid, perfected, enforceable and non-avoidable Lien on the Property or any unit or portion thereof, or (ii subject to setoff under section 553 of the Bankruptcy Code Title Company means Madison Title Agency, or such other title insurance company that will provide services at Closing and will serve as escrow agent to hold the Net Sale Proceeds, the Professional Fee Reserve and the UST Reserve Unexpired Lease means a lease to which the Debtor is a party that is subject to assumption or rejection under section 365 of the Bankruptcy Code Unit Lienholder means any holder of a Secured Claim that is secured by a valid, perfected, enforceable and non-avoidable Lien on a Residential Unit UST Reserve means the reserve established at Closing to pay any fees due to the Office of the U.S. Trustee within one year after the Effective Date. The UST Reserve shall be funded in an amount sufficient to pay in full any and all estimated fees that may be due to the U.S. Trustee within one year after the Effective Date and will be held in escrow by the Title Company U.S. Trustee means the Office of the United States Trustee for Region 4. Article 2 Classification of Claims In accordance with section 1122(a of the Bankruptcy Code, a Claim is placed in a particular Class only to the extent that the Claim falls within the description of that Class, and is classified in other Classes to the extent that any portion of the Claim falls within the description of such other Classes. A Claim is also placed in a particular Class for the purpose of receiving Distributions pursuant to this Plan only to the extent that such Claim is an Allowed Claim in that Class and such Claim has not been paid, released, or otherwise settled prior to the Effective Date. In accordance with section 1123(a(1 of the Bankruptcy Code, Administrative Claims, Priority Tax Claims and certain other claims have not been classified, and the treatment of such unclassified Claims is set forth below in Article 3 of this Plan. For purposes of this Plan, Claims v6
7 Case Doc 28 Filed 01/10/18 Page 7 of 16 are unclassified or classified as follows in accordance with sections 1122(a and 1123(a(1 of the Bankruptcy Code: 2.1 Unclassified Claims a. Administrative Claims b. Priority Tax Claims c. DIP Claims 2.2 Classified Claims a. Class 1. Class 1 consists of all Priority Non-Tax Claims, if any. b. Class 2. Class 2 consists of all Secured Claims. A Secured Claim is capped at the value of the collateral securing that Claim. c. Class 3. Class 3 consists of all General Unsecured Claims, excluding the Former Residents Claims. d. Class 4. Class 4 consists of all of the Former Residents Claims. Article 3 Treatment of Unclassified Claims 3.1 Administrative Claims. Each Administrative Claim will be paid in full on the Effective Date from the Sale Proceeds. Any Administrative Claims of Professionals approved by the Court after the Effective Date shall be paid upon entry of an order approving such Professional s Administrative Claim from the Professional Fee Reserve or from the Net Sale Proceeds if there are insufficient funds in the Professional Fee Reserve. 3.2 Priority Tax Claims. Each Priority Tax Claim will be paid in full on the Distribution Date from the Fractional Sale Proceeds allocable to the Residential Unit on which the tax was levied. The only known Priority Tax Claims are property taxes of the kind specified in section 507(a(8(B of the Bankruptcy Code. 3.3 DIP Claims. In exchange for the sale of the Property to AHH, the DIP Claims will be deemed satisfied in full on the Closing Date and will be credited against the Purchase Price. Article 4 Treatment of Classified Claims 4.1 Class 1 Priority Non-Tax Claims. Each Priority Non-Tax Claim will be paid in full from the Debtor s Sale Proceeds on the Distribution Date. The Debtor is not aware of any v6
8 Case Doc 28 Filed 01/10/18 Page 8 of 16 Priority Non-Tax Claims. Pursuant to sections 1124 and 1126(f of the Bankruptcy Code, Class 1 is an unimpaired Class and conclusively presumed to have accepted this Plan. 4.2 Class 2 Secured Claims. On the Distribution Date, each Secured Claim will be paid in full (up to the value of its collateral from the Fractional Sale Proceeds allocable to the portion of the Property that secures the Secured Claim. Where more than one Secured Claim is secured by the same collateral, the relevant Secured Claims will be paid in accordance with their relative priorities. Class 2 is an impaired Class and entitled to vote on this Plan. 4.3 Class 3 General Unsecured Claims. On the Distribution Date, each General Unsecured Claim will be paid pro rata from cash resulting from the Sale and held by the Debtor after satisfaction of Class 2 Claims and payment of the net sums due, if any, Class 4 Claims (i.e., after satisfaction by netting of sums due the Debtor by the Holders of Class 4 Claims. Class 3 is an impaired Class and entitled to vote on this Plan. 4.4 Class 4 Former Residents Claims. On the Distribution Date, each Former Resident will be paid the net remaining Fractional Sale Proceeds allocable to the Residential Unit that the Former Resident owned. The amount paid a Class 4 Creditor will be reduced by the sum the Class 4 Creditor owes the Debtor. Class 4 is an impaired Class and entitled to vote on this Plan. Article 5 Means for Execution of the Plan 5.1 Generally. This Plan will be executed and implemented pursuant to a sale of the Property to AHH free and clear of all liens, claims (including the Claims addressed in the Plan, encumbrances, rights and other interests pursuant to section 363(f of the Bankruptcy Code and on an as is, where is basis, without representations or warranties of any kind, nature or description. All members of Class 4 will have consented (or will be deemed to have consented to unifying title to all of the Residential Units and the Property. Upon confirmation of the Plan and Closing of the Sale (which shall occur within fifteen (15 business days after entry of the Confirmation Order: (a the Property will no longer maintain its status as a condominium (the condominium regime will be extinguished to the extent not already so; (b the Property will no longer be operated as a condominium; (c the Property shall be released from any condominium regime; (d any and all condominium plans relating to the Property shall be deemed permanently abandoned; (e title to the Property (including but not limited to all of the Residential Units shall, to the extent not already accomplished, vest in the Debtor in a unified fashion (i.e., one title and one deed for purposes of selling and conveying fee simple absolute ownership of the Property to AHH at Closing in accordance with this Plan and the Purchase Agreement; (f any and all existing liens on the Property or the Residential Units will attach to the Net Sale Proceeds or the Fractional Sale Proceeds, respectively, with the same priority, validity, force and effect as they now have against the Property or the Residential Units, respectively; provided, however, that the Debtor and other parties in interest will retain the right to challenge any such liens. 5.2 Execution of Purchase Agreement and Other Sale Documents. Upon confirmation of this Plan, to the extent (if any that it has not already occurred, title to the v6
9 Case Doc 28 Filed 01/10/18 Page 9 of 16 Property and the Residential Units will unify and vest in the Debtor for purposes of selling the Property to AHH at Closing. The Debtor will be vested with the authority to perform under the Purchase Agreement and to execute and perform under any other customary, necessary or appropriate Sale documents at Closing. Any such documents the Debtor executes shall be valid and enforceable, grant AHH unified fee simple absolute title to the Property, and be recognized and honored by all parties that deal with sales and transfers of real property in Maryland. 5.3 Recordation and Other Taxes Covered by Section 1146(a. Pursuant to section 1146(a of the Bankruptcy Code, the making or delivery of an instrument of transfer under this Plan (including the transfer and sale of the Property in connection with the Sale will not be subject to any stamp, real estate transfer, mortgage recording or other similar tax. 5.4 Broker s Fees and Customary Transaction Costs. At Closing, the Sale Costs, including the fee payable to the Broker pursuant to the Exclusive Sales Listing Agreement, the fee payable to the Title Company and all other customary transaction costs incurred by the Debtor in connection with the Sale, will be paid from the Sale Proceeds. 5.5 Escrow Agent. The Title Company will serve as escrow agent and maintain an escrow account to ensure the safe handling of the Sale Proceeds and the Professional Fee Reserve in strict accordance with this Plan and the Confirmation Order; provided, however, that the Debtor retains the right to change the Title Company upon filing a notice with the Court. 5.6 Professional Fee Reserve. At Closing, the Debtor shall establish a reserve in an amount sufficient to pay in full all of the accrued, but unpaid, fees and expenses of all Professionals retained as of Closing, including Debtor s Counsel and Mr. William Johnson. The Professional Fee Reserve will be held in escrow by the Title Company. Upon entry of an order of this Court approving a Professional s fees and expenses, the Title Company shall disburse funds to that Professional in accordance with the Court s order. The Professional Fee Reserve will be exclusively for the benefit of Professionals retained as of the Confirmation Date. 5.7 UST Reserve. At Closing, the Debtor shall also establish a reserve in an amount sufficient to pay in full any and all estimated fees that may be due to the Office of the U.S. Trustee within one year after the Effective Date. 5.8 Post-Confirmation Retention and Compensation of Professionals. Upon confirmation of this Plan, the Debtor will have the right to (i retain Professionals (subject to the Court s approval to implement the terms of the Plan, including to assist with the reconciliation of Claims and the making of Distributions, and (ii pay the Post-Confirmation Professional Claims of such retained Professionals from the Net Sale Proceeds. At Closing, the Debtor will provide Debtor s Counsel with a $300, retainer as security for post-confirmation services to be provided in connection with the implementation of this Plan. 5.9 Distributions to Creditors. Distributions to Holders of Allowed Claims will be sent: (a to the address set forth on the Proof of Claim filed by each Holder; (b to the address set forth in any subsequent notice of change of address filed with the Court; (c to the address reflected in the Schedules if no Proof of Claim or notice of change of address is filed; or v6
10 Case Doc 28 Filed 01/10/18 Page 10 of 16 (d pursuant to the written instructions of the Holder of the Allowed Claim sent to and received by the Debtor no later than five (5 business days prior to the next Distribution Date. Distributions to Holders of Allowed Claims will not be made until all Disputed Claims have been finally resolved and all Post-Confirmation Professional Claims have been paid in full. The Debtor reserves the right to seek further court approval to make Distributions that are not inconsistent with applicable priority law Undeliverable Distributions. If a Distribution to any Holder is returned as undeliverable, the Debtor shall use reasonable efforts to determine such Holder s then current address. If the Debtor cannot determine, or is not notified of, a Holder s then current address within three (3 months after the Distribution Date, the Distribution reserved for such Holder shall be deemed an unclaimed Distribution, and Section 5.8 of this Plan shall be applicable thereto Unclaimed Distributions. If the current address for a Holder of an Allowed Claim entitled to a Distribution under this Plan has not been determined by the Distribution Date or such Holder has otherwise not been located, then such Holder (i shall no longer be a Holder and (ii shall be deemed to have released such Allowed Claim Remaining Debtor Sale Proceeds. After payment of the Allowed Claims in Class 3, any remaining proceeds will be distributed to the Former Residents based on the fractional interests identified on Exhibit Duties and Retained Rights and Powers. The Debtor will continue to exist until the Plan has been substantially consummated and the Bankruptcy Case is closed. Upon confirmation of this Plan, the Debtor will retain all of its rights and powers under the Bankruptcy Code, including, but not limited to, the right to prosecute and resolve all avoidance and other causes of actions and all other rights and powers under sections 505, 506, 541, 542, 543, 544, 547, 548, 549, 550, and 553 of the Bankruptcy Code. Additionally, any and all claims and causes of action of the Debtor as of the Confirmation Date, including against Potomac Electric Power Company (PEPCO and Washington Gas Light Company, are expressly preserved and retained by the Debtor. Upon confirmation of the Plan, the Debtor will be responsible for the implementation of this Plan and all post-confirmation responsibilities, including Claims reconciliation, coordinating and making Distributions, filing quarterly and other reports with the Court and the U.S. Trustee, paying the U.S. Trustee s fees, wind-up of the Debtor s affairs, the dissolution of the Debtor and closing this Bankruptcy Case U.S. Trustee s Post-Confirmation Fees. Any fees due to the Office of the U.S. Trustee after the Effective Date shall be payable from UST Reserve, and after the UST Reserve has been exhausted, from the Net Sale Proceeds. Article 6 Executory Contracts and Unexpired Leases 6.1 Plan Constitutes Motion to Reject. Except for any insurance policies under which the insurer has a continuing obligation to pay the Debtor or a third party on behalf of the v6
11 Case Doc 28 Filed 01/10/18 Page 11 of 16 Debtor, the Debtor has claims or causes of action against the insurer, or as may be otherwise set forth in this Plan, all Executory Contracts and Unexpired Leases not assumed by the Debtor previously shall be deemed rejected on the Closing Date. Entry of the Confirmation Order shall constitute approval of such rejections under sections 365 and 1123 of the Bankruptcy Code. 6.2 Claims Arising From Rejection. Any Claim arising from the rejection of an Unexpired Lease or Executory Contract shall be filed with the Court no later than thirty (30 calendar days after entry of the Confirmation Order. If not timely filed, then such Claim will be waived and forever barred. Any Allowed Claim arising from the rejection of an Executory Contract or an Unexpired Lease will be a Class 3 Claim. Article 7 Administrative Bar Date 7.1 Administrative Bar Date. All requests for payment of unpaid Administrative Claims, including applications of Professionals for compensation and expense reimbursement for services rendered or expenses incurred through the Confirmation Date, shall be filed with the Court no later than thirty (30 calendar days after the Confirmation Date. If not timely filed, then such Administrative Claims will be waived and forever barred. Any payment made or to be made by the Debtor for services or for costs and expenses incurred during this Bankruptcy Case through the Confirmation Date, or in connection with this Plan and incident to this Bankruptcy Case, is subject to the Court s approval as reasonable. 7.2 Disallowance of Improperly Filed Administrative Claims. Requests for payments of Administrative Claims included within a proof of claim are of no force and effect, and are disallowed in their entirety as of the Effective Date, and shall be satisfied only to the extent such Administrative Claim is subsequently filed in a timely fashion as provided in section 7.1 and subsequently becomes an Allowed Claim. Article 8 Disputed Claims 8.1 No Distribution on Claim Unless an Allowed Claim. Notwithstanding any other provision of this Plan, no cash or property will be distributed under this Plan on account of the disputed portion of any Claim or any Disputed Claim, unless and until the disputed portion of such claim becomes an Allowed Claim. 8.2 Objections to Claims. The Debtor retains the right to file objections to Claims. The Debtor retains the discretion to litigate any such objections to a final determination by the Court or to compromise, settle, or otherwise resolve any such objection subject to the Court s approval; provided, however, that the Debtor may settle any Claims without prior court approval if the allowed amount of the Claim does not exceed $25, and if the U.S. Trustee and the 20 largest unsecured creditors fail to object after ten (10 business days notice of such settlement v6
12 Case Doc 28 Filed 01/10/18 Page 12 of Allowance of Disputed Claims. If any portion of a Disputed Claim is allowed, then distributions to the Holder of such Claim will be made, within a reasonable time, in the amount that such Holder would have been entitled to receive under this Plan if such Claim had been an Allowed Claim on the Distribution Date without interest or present value adjustment. Article 9 Effect of Confirmation 9.1 Binding Effect. On and after the Confirmation Date, the provisions of this Plan shall bind any holder of a Claim, including the Former Residents, the Debtor and the Unit Lienholders. 9.2 Limitation of Liability. Only to the extent permitted by Section 1125(e of the Bankruptcy Code, neither the Debtor, nor any professionals employed by the Debtor shall have or incur any liability to any person for any act taken or omission made in good faith in connection with or related to formulating, soliciting, implementing, confirming or consummating this Plan, the Disclosure Statement or any contract, instrument, release or other agreement or document created in connection with this Plan. 9.3 No Discharge. In accordance with section 1141(d(3 of the Bankruptcy Code, the Debtor is not receiving a discharge in the Bankruptcy Case because the Debtor is selling all or substantially all of the property of the Estate and the Debtor will not engage in business after consummation of this Plan. 9.4 Injunction. The confirmation of this Plan will satisfy all Claims or causes of action arising out of any Claim addressed by the terms of this Plan and will operate as an injunction against all persons of the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, the Debtor, the Estate and the Property, except as provided in this Plan. 9.5 General Releases by Holders of Claims. Without limiting any other applicable provisions of, or releases contained in, this Plan or the Bankruptcy Code, as of the Effective Date, in consideration for, among other things, the Debtor s obligations under this Plan, cash and other contracts, instruments, releases, agreements or documents to be entered into or delivered in connection with this Plan, each Holder of a Claim (a voting to accept the Plan or (b abstaining from voting on the Plan and electing not to opt out of the release contained in this paragraph, will be deemed to unconditionally agree to the release provisions contained in this Plan; other than as expressly provided herein, each such Holder shall be deemed to forever release, waive and discharge all liabilities in any way relating to the Debtor, the Plan sponsors, the DIP Lender, the Bankruptcy Case or this Plan that such person has, had or may have against the Debtor and its respective present or former directors, officers, employees, attorneys, accountants, underwriters, investment bankers, financial advisors and agents, acting in such capacity; provided, however, that the releases described in this paragraph shall not include any act, omission or occurrence that was the result of gross negligence or willful misconduct v6
13 Case Doc 28 Filed 01/10/18 Page 13 of 16 Article 10 Modification of Plan 10.1 Pre-Confirmation Modification. The Plan Proponents reserve the right, in accordance with the Bankruptcy Code, to amend or modify this Plan or the treatment of any Claim prior to the Confirmation Date; provided, however, that the Plan Proponents must mutually agree to modifications relating to the Property or the DIP Loan and that the Debtor has the right to unilaterally make modifications to the Plan for any and all disputes unrelated to the Property, including disputes with any Existing Lienholders Post-Confirmation Modification. After the Confirmation Date, the Plan Proponents may amend or modify this Plan in accordance with section 1127(b of the Bankruptcy Code, or remedy any defect or omission, or reconcile any inconsistency in this Plan, in such a manner as may be necessary to carry out the purpose and intent of this Plan; provided, however, that the Plan Proponents must mutually agree to modifications relating to the Property or the DIP Loan and that the Debtor has the right to unilaterally make modifications to the Plan for any and all disputes unrelated to the Property, including disputes with any Existing Lienholders. Article 11 Retention of Jurisdiction 11.1 Pre-Confirmation. Prior to confirmation of this Plan, the Court shall retain its existing jurisdiction, including jurisdiction over the Debtor and the Debtor s assets Post-Confirmation. After confirmation of this Plan, the Court shall retain jurisdiction necessary to ensure that the terms of this Plan are carried out. The Court s jurisdiction shall be over any and all disputes and litigation pending on the Confirmation Date, any controversies that may arise thereafter, and any controversies that may affect the consummation of this Plan, including but not limited to: a. The classification of Claims, the re-examination of Claims which have been allowed for purposes of voting, and any Claim objections that may be filed. b. The determination of all causes of action, controversies, disputes and conflicts involving or relating to the Debtor or her assets, arising prior to or after the Confirmation Date, whether or not subject to an action pending as of the Confirmation Date, between the Debtor and any other party. c. The modification of this Plan after confirmation to correct any defect, to cure any omission, or to reconcile any inconsistency in this Plan or in the Confirmation Order, as may be necessary or otherwise appropriate to carry out or clarify the intended purposes of this Plan or the Confirmation Order. d. Applications for compensation of services rendered to the Debtor and the Estate by Professionals pursuant to section 330(a of the Bankruptcy Code v6
14 Case Doc 28 Filed 01/10/18 Page 14 of 16 e. The enforcement and interpretation of the terms and conditions of this Plan, including any agreement regarding the payment or satisfaction of an Allowed Claim. f. The existence, extent or priority of any Liens, encumbrances, or interests in property of the Debtor or the Estate. g. All matters concerning local, state and federal taxes in accordance with sections 346, 505 and 1146 of the Bankruptcy Code. h. Issue orders or take any action as may be necessary to enjoin interference with the implementation or the consummation of this Plan. i. Entry of an order concluding and terminating the Bankruptcy Case. Article 12 General Provisions 12.1 General Rules of Interpretation. For purposes of this Plan, the following rules of interpretation apply: a. Construction of Terms. Except as otherwise provided herein, this Plan shall be construed in conformance with section 102 of the Bankruptcy Code. Whenever it is appropriate because of the form or the context, each term whether stated in the masculine, feminine or neuter gender, shall include the masculine, feminine and the neuter gender, and each term stated in either the singular or the plural includes the singular and the plural. Any capitalized term used in this Plan that is not defined in this Plan but that is used in the Bankruptcy Code or the Bankruptcy Rules shall have the meaning assigned to such term in the Bankruptcy Code or the Bankruptcy Rules, as the context requires. b. Referenced Documents. Any reference in this Plan to a contract, instrument, release, or other agreement or document being in a particular form or on particular terms and conditions means that such document shall be substantially in such form or substantially on such terms and conditions. Any reference in this Plan to an existing document or exhibit filed or to be filed means such document or exhibit, as it may have been or may be amended, modified or supplemented. c. Captions and Headings. Captions and headings in articles and sections are inserted for convenience of reference only and are not intended to be a part of or to affect the interpretation of this Plan. Unless otherwise specified, all references in this Plan to sections, articles or exhibits are references to sections, articles and exhibits of or to this Plan v6
15 Case Doc 28 Filed 01/10/18 Page 15 of Governing Law. Except to the extent the Bankruptcy Code, the Bankruptcy Rules or other federal law applies, the rights and obligations arising under this Plan shall be governed by, and construed and enforced in accordance with, the laws of Maryland, without giving effect to the principles of conflicts of law of such jurisdiction Reservation of Rights Regarding Claims. Except as otherwise explicitly provided in the Plan, nothing herein shall affect the Debtor s rights and defenses, both legal and equitable, with respect to any Claims, including, but not limited to, all rights with respect to legal and equitable defenses to alleged rights of setoff or recoupment Successors and Assigns. The rights, benefits and obligations of any entity named or referred to in this Plan shall be binding on, and shall inure to the benefit of, any heir, executor, administrator, successor or assign of such entity Closing Bankruptcy Case. When all Disputed Claims filed against the Debtor have become Allowed Claims or have been disallowed, and all distributions required under this Plan have been completed, the Debtor will file a notice advising the Court and all parties in interest of the substantial consummation of this Plan Waiver of Applicable Stays. Any and all automatic stays, including those in Rules 3020(e and 6004(h of the Bankruptcy Rules, are waived and the Confirmation Order will provide as such. In the absence of an affirmative order entered by the Court granting a motion to stay the Confirmation Order, the Debtor will be entitled to immediately implement this Plan. Dated: January 10, 2018 The Condominium Association of the Lynnhill Condominium /s/ Stanley Briscoe Stanley Briscoe Acting President AHH16 Development, LLC /s/ Jonathan Hook Jonathan Hook v6
16 Case Doc 28 Filed 01/10/18 Page 16 of 16 Pillsbury Winthrop Shaw Pittman LLP Patrick J. Potter (Bar No Seventeenth Street, NW Washington, DC Tel ( Fax ( Dania Slim (Bar No Royal Palm Way, Suite 220 Palm Beach, FL Tel ( Fax ( Jason S. Sharp (pro hac vice admission pending 2 Houston Center 909 Fannin, Suite 2000 Houston, TX Tel ( Fax ( jason.sharp@pillsburylaw.com Proposed Counsel for the Debtor SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A. Michael J. Lichtenstein 2505 Park Potomac Avenue, 6th Floor Potomac, MD Counsel for the Plan Co-Proponent v6
17 Case Doc 28-1 Filed 01/10/18 Page 1 of 30 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1 Case No Chapter 11 ORDER (I FINALLY APPROVING DISCLOSURE STATEMENT, (II CONFIRMING DEBTOR S CHAPTER 11 PLAN AND (III AUTHORIZING THE SALE OF THE LYNNHILL CONDOMINIUM FREE AND CLEAR OF ALL LIENS, CLAIMS AND INTERESTS Upon further consideration of the Condominium Association of the Lynnhill Condominium s (the Debtor Disclosure Statement and upon consideration of the Debtor s Chapter 11 Plan dated January 10, 2018 (the Plan ; 2 and the Court having held a hearing (the Confirmation Hearing on February 13, 2018, to consider final approval of the Disclosure Statement and confirmation of the Plan; and upon the record of the Confirmation Hearing and of this entire chapter 11 case, and the evidence proffered and the arguments of counsel at the Confirmation Hearing, and after due deliberation and consideration; the Court makes the following findings and conclusions, and orders as follows: 1 The Debtor s federal identification number is Capitalized terms used but not defined in this Order have the meanings given such terms in the Plan v6
18 Case Doc 28-1 Filed 01/10/18 Page 2 of Pursuant to 28 U.S.C. 157 and 1334, the Court has jurisdiction to hear and rule on the Debtor s request to grant final approval of the Disclosure Statement and to confirm the Plan, grant the relief requested in and in connection with the Plan, and enter this Order confirming the Plan (collectively, the Confirmation Request. Venue is proper in this District under 28 U.S.C This is a core proceeding within the meaning of 28 U.S.C. 157(b(2. The statutory predicates for the relief sought include sections 105, 363, 365, 1129 and 1146(a of the U.S. Bankruptcy Code ( Bankruptcy Code and Rules 2002, , 6004, 9006, 9014, and 9019 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules. 2. Proper, timely and adequate notice of the Confirmation Request, the Confirmation Hearing, and the request for entry of this Order has been provided in accordance with section 102(1 of the Bankruptcy Code and Rules 2002, 6004, and 9006 of the Bankruptcy Rules, and no other or further notice is required. 3. On January 10, 2018, the Debtor filed a voluntary petition under chapter 11 of the Bankruptcy Code. The Debtor continues to manage and preserve its property as debtor-inpossession pursuant to sections 1107(a and 1108 of the Bankruptcy Code. No trustee, examiner, or committee has been appointed in this chapter 11 case. 4. On January [12], 2018, the Court entered an order (the DS Order conditionally approved the Disclosure Statement and setting the hearing for final approval of the Disclosure Statement for February [13], 2018 at 10:00 a.m. (the Final DS Hearing. Subsequently, Holders of Claims were sent and cast ballots on the Plan. 5. Pursuant to the DS Order, the Court also set February [13], 2018 at 10:00 a.m. as the date and time for the Confirmation Hearing on the Plan v6
19 Case Doc 28-1 Filed 01/10/18 Page 3 of The certificate of service filed with the Court on January [ ], 2018 (Doc. reflects that the Plan and Disclosure Statement, together with notice of the Confirmation Hearing, Final DS Hearing and the deadlines for filing objections were served on all parties in interest, including all known creditors, Former Residents, Unit Lienholders and persons having filed a notice of appearance and request for documents. 7. Additionally, the certificate of publication of notice filed with the Court on January [ ], 2018 (Doc. reflects that the Debtor published notice of the Confirmation Hearing, Final DS Hearing and the Sale in the form approved by the Court. See Doc.. The Court finds that the Debtor provided adequate notice and that no other or further notice is required to grant and enter this Order. 8. No objection has been filed to the final approval of the Disclosure Statement or confirmation of the Plan, and no party that appeared at the Confirmation Hearing objected to the Plan. 9. The Disclosure Statement meets the standards for final approval under the Bankruptcy Code, and the Plan meets the standards for confirmation under section 1129(a of the Bankruptcy Code. 10. The Disclosure Statement and the Plan comply with the applicable provisions of the Bankruptcy Code, as mandated by, among other sections, section 1129(a(1 of the Bankruptcy Code. 11. The Debtor, as the proponent of the Disclosure Statement and the Plan, has complied with the applicable provisions of the Bankruptcy Code, as mandated by, among other sections, section 1129(a(2 of the Bankruptcy Code v6
20 Case Doc 28-1 Filed 01/10/18 Page 4 of The Disclosure Statement and the Plan have been proposed in good faith and not by any means forbidden by law as required by section 1129(a(3 of the Bankruptcy Code. 13. Any payment made or to be made by the Debtor or any person issuing securities or acquiring property under the Plan, for services or for costs and expenses in or in connection with this chapter 11 case, or in connection with the Plan and incident to this chapter 11 case, has been approved by, or is subject to the approval of, the Court as reasonable, as required by section 1129(a(4 of the Bankruptcy Code. 14. The Debtor, as the proponent of the Plan, has made the applicable disclosures required by section 1129(a(5(A and (B of the Bankruptcy Code and the subjects of such disclosures are consistent with the interest of the Debtor s creditors and public policy, as required by section 1129(a(5(A(ii of the Bankruptcy Code. 15. Section 1129(a(6 of the Bankruptcy Code is inapplicable to this chapter 11 case. 16. The ballot tally was filed with the Court on February 12, 2018 (Doc Under the Plan, all classes of Claims are impaired, except for Class Considering only timely cast votes, Class [ ] voted unanimously to accept the Plan, Class [ ] voted to reject the Plan, and no votes were cast for Class [ ]. 19. With respect to each impaired Class of Claims, each Holder of a Claim of such Class (i has accept the Plan, or (ii will receive payments in amounts that exceed those that such Holders would receive if the Debtor and its estate were liquidated under chapter 7, thereby satisfying section 1129(a(7(A of the Bankruptcy Code. 20. Except to the extent the Holder of a particular Claim has agreed to a different treatment, the Plan provides that the Holders of Claims of the kinds specified in sections v6
21 Case Doc 28-1 Filed 01/10/18 Page 5 of (a(2 and 507(a(8 of the Bankruptcy Code will receive the treatment mandated by section 1129(a(9 of the Bankruptcy Code. 21. At least one impaired class of Claims has accepted the Plan, determined without including acceptance of the Plan by any insider, as required by section 1129(a(10 of the Bankruptcy Code. 22. Confirmation of the Plan is not likely to be followed by the liquidation or the need for further financial reorganization of the Debtor, and therefore section 1129(a(11 of the Bankruptcy Code is satisfied. 23. All fees due and payable under section 1930 of title 28 of the United States Code have been paid or will be paid pursuant to the Plan, as required by section 1129(a(12 of the Bankruptcy Code. 24. Section 1129(a(13 of the Bankruptcy Code (addressing retiree benefits is inapplicable to this chapter 11 case. 25. Section 1129(a(14 of the Bankruptcy Code (addressing domestic support obligations is inapplicable to this chapter 11 case. 26. Section 1129(a(15 of the Bankruptcy Code (applicable where the debtor is an individual is inapplicable to this chapter 11 case. 27. Section 1129(a(16 of the Bankruptcy Code (addressing transfers of property by a corporation or trust is inapplicable to this chapter 11 case. 28. [With respect to the Holders of Claims in Class [ ] who rejected the Plan and Holders of Claims in Class [ ] who did not vote, the Plan does not discriminate unfairly and is fair and equitable within the meaning of section 1129(b(2(B(ii of the Bankruptcy Code v6
22 Case Doc 28-1 Filed 01/10/18 Page 6 of 30 because no holder of any junior Claim will receive or retain any property under the Plan on account of such junior Claim.] The Debtor s decisions regarding assumption and rejection of executory contracts and unexpired leases are based on and within the Debtor s sound business judgment, and are in the best interests of the Debtor and its estate. 30. Pursuant to the applicable provisions of the Bankruptcy Code and other applicable law, including sections 105 and 1123 of the Bankruptcy Code and Rule 9019(a of the Bankruptcy Rules, the settlements, releases, compromises, setoffs, waivers, discharges and injunctions set forth in the Plan (including without limitation in Article 9 are approved as integral parts of the Plan, and are hereby approved as fair, equitable, reasonable, and in the best interests of the Debtor, its estate and creditors. 31. The Court finds that the provisions and terms contained in the Plan are fair and reasonable, were negotiated as part of an arm s-length transaction, and are in the best interests of the Debtor, its estate and creditors. 32. All transfers, assignments, conveyances, and sales of real or personal property provided for in the Plan or this Order or undertaken to carry out the Plan, are essential to the confirmation and implementation of the Plan. 33. Confirmation of the Plan and the entry of this Order is consistent with (and in furtherance of the Debtor s obligations under that certain Amended Commitment Letter of AHH16 Development, LLC or its Designee to Be Purchaser of the Property and Post-Petition Secured Lender in Connection with Lynnhill Condominium Bankruptcy Case dated December 18, 2017 (the Commitment, between the Debtor and the DIP Lender. 3 To be used if there are rejecting or non-voting Classes v6
Case Doc 162 Filed 02/12/18 Page 1 of 19. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division
Case 18-10334 Doc 162 Filed 02/12/18 Page 1 of 19 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor.
Case Doc 227 Filed 02/26/18 Page 1 of 18. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division
Case 18-10334 Doc 227 Filed 02/26/18 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor.
Case Doc 26 Filed 01/10/18 Page 1 of 51. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division. Chapter 11 Debtor.
Case 18-10334 Doc 26 Filed 01/10/18 Page 1 of 51 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Case No.
Case Doc 169 Filed 02/14/18 Page 1 of 8. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division. Chapter 11 Debtor.
Case 18-10334 Doc 169 Filed 02/14/18 Page 1 of 8 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Case No.
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division)
Entered: July 14, 2008 Case 07-21814 Doc 840 Filed 07/14/08 Page 1 of 28 Signed: July 11, 2008 SO ORDERED IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division) In re:
Case: jtg Doc #:596 Filed: 09/08/17 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN.
Case:17-00612-jtg Doc #:596 Filed: 09/08/17 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: MICHIGAN SPORTING GOODS DISTRIBUTORS, INC., Debtor. Chapter 11 Bankruptcy
Case Document 3084 Filed in TXSB on 05/12/14 Page 1 of 37 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
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Case cec Doc 326 Filed 10/30/14 Entered 10/31/14 10:01:10
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re: SUFFOLK REGIONAL OFF-TRACK BETTING CORPORATION, Chapter 9 Case No. 12-43503-CEC Debtor. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
rbk Doc#57 Filed 10/25/16 Entered 10/25/16 00:04:43 Main Document Pg 1 of 20
16-51419-rbk Doc#57 Filed 10/25/16 Entered 10/25/16 00:04:43 Main Document Pg 1 of IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION IN RE : COWBOYS FAR WEST,
Case Doc 310 Filed 08/20/18 Page 1 of 9. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division. Chapter 11 Debtor.
Case 18-10334 Doc 310 Filed 08/20/18 Page 1 of 9 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Case No.
Case rfn11 Doc 298 Filed 07/01/16 Entered 07/01/16 17:18:06 Page 1 of 50
Case 16-40273-rfn11 Doc 298 Filed 07/01/16 Entered 07/01/16 17:18:06 Page 1 of 50 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION In re: Chapter 11 FOREST PARK
UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION PLAN OF LIQUIDATION
UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION IN RE: WOODLAKE PARTNERS, LLC, DEBTOR CASE NO. 14 81035 CHAPTER 11 PLAN OF LIQUIDATION Woodlake Partners, LLC (the
ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET
Case 14-32821-sgj11 Doc 800 Filed 03/06/15 Entered 03/06/15 13:57:20 Page 1 of 157 U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S
Case hdh11 Doc 434 Filed 01/17/17 Entered 01/17/17 20:15:16 Page 1 of 52
Case 16-33437-hdh11 Doc 434 Filed 01/17/17 Entered 01/17/17 20:15:16 Page 1 of 52 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In re: Chapter 11 TPP ACQUISITION,
Case 8:17-bk SC Doc 492 Filed 05/31/18 Entered 05/31/18 16:35:51 Desc Main Document Page 1 of 40
Main Document Page of 0 0 SMILEY WANG-EKVALL, LLP Lei Lei Wang Ekvall, State Bar No. 0 lekvall@swelawfirm.com Kyra E. Andrassy, State Bar No. 0 kandrassy@swelawfirm.com Robert S. Marticello, State Bar
Case Document 763 Filed in TXSB on 11/06/18 Page 1 of 18
Case 18-30197 Document 763 Filed in TXSB on 11/06/18 Page 1 of 18 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 LOCKWOOD HOLDINGS, INC., et
Case KJC Doc 317 Filed 08/29/16 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 16-10284-KJC Doc 317 Filed 08/29/16 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: WAVE SYSTEMS CORP., Case No. 16-10284 (KJC) Debtor. Chapter 11 NOTICE OF (I)
Signed July 27, 2018 United States Bankruptcy Judge
Case 17-44642-mxm11 Doc 937 Filed 07/27/18 Entered 07/27/18 10:08:48 Page 1 of 16 The following constitutes the ruling of the court and has the force and effect therein described. Signed July 27, 2018
Signed November 1, 2016 United States Bankruptcy Judge
Case 15-40289-rfn11 Doc 3439 Filed 11/01/16 Entered 11/01/16 10:39:45 Page 1 of 50 The following constitutes the ruling of the court and has the force and effect therein described. Signed November 1, 2016
rdd Doc 1001 Filed 09/11/14 Entered 09/11/14 14:52:49 Main Document Pg 1 of 54
14-22503-rdd Doc 1001 Filed 09/11/14 Entered 09/11/14 145249 Main Document Pg 1 of 54 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------
IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) ) ) ) )
IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION IN RE: AMERICAN HISTORIC RACING MOTORCYCLE ASSOCIATION, LTD., Debtor. BK No. 06-06626-MH3-11 ORDER CONFIRMING
rdd Doc 381 Filed 09/01/17 Entered 09/01/17 17:18:41 Main Document Pg 1 of 27
Pg 1 of 27 Christopher Marcus, P.C. James H.M. Sprayregen, P.C. John T. Weber William A. Guerrieri (admitted pro hac vice) KIRKLAND & ELLIS LLP Alexandra Schwarzman (admitted pro hac vice) KIRKLAND & ELLIS
IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION
Document Page 1 of 131 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION In re: XINERGY LTD., et al., Debtors. 1 Chapter 11 Case No. 15-70444 (PMB) (Jointly Administered)
mkv Doc 458 Filed 04/12/17 Entered 04/12/17 14:12:28 Main Document Pg 1 of 5 : : : : : : : )
Pg 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re DACCO Transmission Parts (NY), Inc., et al., 1 Debtors. ) Chapter 11 Case No. 16-13245 (MKV) (Jointly Administered) NOTICE OF
Case Doc 1443 Filed 06/08/17 Entered 06/08/17 13:49:03 Main Document Pg 1 of 91
Case 16-41161 Doc 1443 Filed 06/08/17 Entered 06/08/17 13:49:03 Main Document Pg 1 of 91 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: ABENGOA BIOENERGY US HOLDING,
Case LSS Doc 166 Filed 07/31/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : : : : : : Chapter 11
Case 17-11249-LSS Doc 166 Filed 07/31/17 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re FIRSTRAIN, INC., Debtor. 1 Chapter 11 Case No. 17-11249 (LSS) Re Dkt Nos. 12,
BENEFICIAL HOLDER BALLOT FOR ACCEPTING OR REJECTING THE DEBTORS JOINT CHAPTER 11 PLAN OF REORGANIZATION CLASS 4 ADDITIONAL NOTES CLAIMS
Global A&T Electronics Ltd., et al. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) Chapter 11 In re: ) GLOBAL A&T ELECTRONICS LTD., et al., 1 ) ) ) Debtors. ) ) ) IMPORTANT: No chapter
Case Doc 92 Filed 01/22/18 Page 1 of 6. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division
Case 18-10334 Doc 92 Filed 01/22/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1
Case Document 19 Filed in TXSB on 04/14/16 Page 1 of 42
Case 16-31959 Document 19 Filed in TXSB on 04/14/16 Page 1 of 42 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ----------------------------------------------------------------
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
1 Entered on Docket December 11, 2015 EDWARD J. EMMONS, CLERK U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 2 3 Signed and Filed: December 11, 2015 4 5 6 7 HANNAH L. BLUMENSTIEL U.S. Bankruptcy
Case bjh11 Doc 957 Filed 04/16/19 Entered 04/16/19 14:24:44 Page 1 of 12
Case 18-33967-bjh11 Doc 957 Filed 04/16/19 Entered 04/16/19 14:24:44 Page 1 of 12 The following constitutes the ruling of the court and has the force and effect therein described. Signed April 16, 2019
Chapter 11: Reorganization
Chapter 11: Reorganization This chapter has numerous sections relevant to reorganizations, including railroad reorganizations. Committees, trustees and examiners, conversion and dismissal, collective bargaining
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. Chapter 11
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: DYNAVOX INC., et al., Debtors. Chapter 11 Case No. 14-10791 (PJW) (Jointly Administered) Hearing Date: December 22, 2014 at 2:00
Case ast Doc 631 Filed 08/23/17 Entered 08/24/17 14:27:44. (Jointly Administered)
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------x In re Chapter 11 LONG BEACH MEDICAL CENTER, et al., Debtors. -----------------------------------------------------------x
Case BLS Doc 4 Filed 05/13/14 Page 1 of 25 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE : : : : : : : :
Case 14-11216-BLS Doc 4 Filed 05/13/14 Page 1 of 25 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re Refco Public Commodity Pool, L.P. f/k/a S&P Managed Futures Index Fund, LP, 1 Debtor. : : :
Case Doc 1 Filed 01/10/18 Page 2 of 14
Case 18-10334 Doc 1 Filed 01/10/18 Page 1Docket of 14 #0001 Date Filed: 1/10/2018 1 q#b2!!1«1810334180109000000000001 Case 18-10334 Doc 1 Filed 01/10/18 Page 2 of 14 Case 18-10334 Doc 1 Filed 01/10/18
mew Doc 354 Filed 08/19/16 Entered 08/19/16 10:23:03 Main Document Pg 1 of 15
Pg 1 of 15 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re: HHH Choices Health Plan, LLC, et al., 1 Debtors. - -
Case BLS Doc 314 Filed 03/26/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : :
Case 17-12377-BLS Doc 314 Filed 03/26/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------x : In re: : : ExGen
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. x : : : : : : : : x
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ------------------------------------------------------------- In re CITY OF DETROIT, MICHIGAN, Debtor. -------------------------------------------------------------
Case LSS Doc 90 Filed 06/22/17 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : : : : : : : Chapter 11
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Debtors. (Jointly Administered)
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 MEMORIAL PRODUCTION Case No. 17-30262 PARTNERS LP, et al., Debtors. (Jointly Administered) BENEFICIAL
Case: MER Doc#:1679 Filed:07/14/10 Entered:07/14/10 17:12:43 Page1 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO.
Case:08-23125-MER Doc#:1679 Filed:07/14/10 Entered:07/14/10 17:12:43 Page1 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO In re MERCURY COMPANIES, INC. Debtor. Bankruptcy Case No. 08-23125 Chapter
scc Doc 591 Filed 07/26/17 Entered 07/26/17 14:35:45 Main Document Pg 1 of 222
Pg 1 of 222 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) BCBG MAX AZRIA GLOBAL HOLDINGS, ) Case No. 17-10466 (SCC) LLC, et al., 1 ) ) Debtors. ) (Jointly Administered)
Case Document 482 Filed in TXSB on 01/10/17 Page 1 of 53 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS
Case 16-32689 Document 482 Filed in TXSB on 01/10/17 Page 1 of 53 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS In re: ) Chapter 11 ) LINC USA GP, et al. ) Case No. 16-32689
(Jointly Administered)
Garfunkel Wild, P.C. 111 Great Neck Road Great Neck, New York 11021 Telephone: (516) 393-2200 Burton S. Weston Afsheen A. Shah Adam T. Berkowitz Counsel for Debtors and Debtors in Possession UNITED STATES
Case Document 563 Filed in TXSB on 03/08/18 Page 1 of 298 ENTERED 03/08/2018
Case 17-36709 Document 563 Filed in TXSB on 03/08/18 Page 1 of 298 ENTERED 03/08/2018 Case 17-36709 Document 563 Filed in TXSB on 03/08/18 Page 2 of 298 Case 17-36709 Document 563 Filed in TXSB on 03/08/18
Case KJC Doc 423 Filed 08/27/18 Page 1 of 51 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 17-12913-KJC Doc 423 Filed 08/27/18 Page 1 of 51 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 ) Dex Liquidating Co. (f/k/a Dextera ) Surgical Inc.), 1 ) Case
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------------------------------x : In re : Chapter 11 : INTERNATIONAL ALUMINUM : Case No. 10- ( ) CORPORATION,
Case KG Doc 127 Filed 12/10/13 Page 1 of 39
Case 13-13087-KG Doc 127 Filed 12/10/13 Page 1 of 39 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 FISKER AUTOMOTIVE HOLDINGS, INC., et al., 1 ) ) Case No. 13-13087
mew Doc 550 Filed 08/03/18 Entered 08/03/18 18:30:08 Main Document Pg 1 of 40
Pg 1 of 40 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x In re: : : Chapter 11 BICOM NY, LLC, et al., 1 : : Case
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )
This document was signed electronically on December 19, 2016, which may be different from its entry on the record. IT IS SO ORDERED. Dated: December 19, 2016 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
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