Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION IN RE: PROVIDENCE FINANCIAL INVESTMENTS, INC., PROVIDENCE FIXED INCOME FUND, LLC, Debtors. / Case No. 16-20516-AJC Chapter 7 (Jointly Administered) Case No. 16-20517-AJC TRUSTEE S EX PARTE MOTION TO PAY PROCESS SERVER Maria Yip, the Chapter 7 Trustee for the bankruptcy estate of Providence Financial Investments, Inc. and Providence Fixed Income Fund, LLC, by and through its undersigned counsel, files this Motion to Pay Process Service (the Motion ). In support of the Motion, the Trustee states, as follows: 1. On April 12, 2018, the Trustee filed her Motion for Substantive Consolidation [ECF No. 153] (the Sub Con Motion ), as to, among other entities, Providence Investment Funds PCC Limited, Providence Investment Management International Limited, Providence Bonds PLC, and Providence Bonds II, PLC (together the Service Recipients ). The Service Recipients were located in the Bailiwick of Guernsey and in the United Kingdom. 2. The Sub Con Motion sought to consolidate the estates of the Debtors with those of the Service Recipients, among other entities, due to the global nature of the underlying Ponzi scheme perpetrated by Antonio Buzaneli and others which involved these entities and the Debtors. 3. The Trustee therefore, in order to perfect service on the Service Recipients pursuant to the Hague Convention, utilized the services of the Carey Olsen LLP firm( Carey Olsen ), for that discreet and limited purpose. 4. Attached to this Motion as Exhibit A is an invoice from Carey Olsen detailing their costs and fees in perfecting service of the Sub Con Motion and other related pleadings on the Service Recipients.
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 2 of 10 5. The Trustee asserts that these services were necessary to perfect service under the Hague Convention and that as a result of the motion practice, the Estates reached a resolution with the Administrators of the Service Recipients that provided the Estates' with access to certain financial discovery the Estates were unable to obtain absent the Sub Con Motion. 6. The Trustee therefore respectfully requests that the Court allow her to pay the Carey Olsen firm their costs and fees, totaling 8,734.75 (approximately $11,000) for their limited role in perfecting service pursuant to the Hague Convention on the Service Recipients. WHEREFORE, the Trustee respectfully requests the entry of an Order, substantially in the form attached hereto as Exhibit B granting this Motion and allowing her to pay Carey Olsen their fees and costs. Dated: April 2, 2019 Respectfully submitted, /s/ Eyal Berger Eyal Berger, Esq. Florida Bar Number: 0011069 Email: eyal.berger@akerman.com Luis R. Casas, Esq. Florida Bar Number: 0094222 Email: luis.casasmeyer@akerman.com AKERMAN LLP Las Olas Centre II, Suite 1600 350 East Las Olas Boulevard Fort Lauderdale, FL 33301-2999 Phone: (954) 463-2700/ Fax: (954) 463-2224 Attorney for Trustee, Maria Yip CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was furnished on April 2, 2019 to all parties receiving electronic notice via CM/ECF in this bankruptcy case. /s/eyal Berger Eyal Berger, Esq.
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 3 of 10 EXHIBIT "A"
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 4 of 10 Invoice Our Ref: Inv No: Date: 10407/1066242.0001 1085983 11 June 2018 FAO: Maria Yip as Chapter 7 Trustee for the Bankruptcy Estates of Providence Financial Investments, Inc and Providence Fixed Income Fund, LLC Yip Associates 1 East Broward Boulevard Suite 700 Fort Lauderdale, FL 33301 USA Re: Serving U.S. proceedings Charges for our professional services rendered to 11 June 2018. 8,087.50 Disbursements: Miscellaneous/Sundry (Petty Cash Jersey Viscount's Department) 80.00 HM Sheriff fees 332.00 Hand deliveries (Viscount's Department) 30.00 Court Stamps 200.00 Photocopying 5.25 TOTAL BALANCE DUE 8,734.75 With Compliments PARTNERS: A Alexander C Anderson A Boyce T Carey R Clark T Corfield D Crosland M Dunster K Friedlaender E Gray J Greenfield N Kapp T Lane K Le Cras D Le Marquand B Morgan J Morgan CONSULTANTS: N Carey M Eades G Hall The Guernsey limited liability partnership known as Carey Olsen (Guernsey) LLP is a limited liability partnership incorporated in Guernsey on 1 March 2018 with its registered office at Carey House, Les Banques, St Peter Port GY1 4BZ and registration number 95 (which until 28 February 2018 operated as a legal partnership in Guernsey under the name "Carey Olsen").
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 5 of 10 Re: Serving U.S. proceedings Date: 11 June 2018 Our Ref: Inv No: 10407/1066242.0001 1085983 Services Rendered - Detailed Date Fee Earner Narrative Worked Hours Billed Hours Amount 14/05/18 Schaefer, Julia Review / Perusal of emails from client and 0.50 0.50 175.00 meeting with JPG re same; reviewing position of service in Guernsey. Ed Davis Referral matter. 17/05/18 Schaefer, Julia Review of the documentation received from 3.80 3.80 1,330.00 the U.S. and reviewing position to serve under Guernsey law. Discuss with JPG. Emails with client. Reviewing position of service in England and Jersey. Organising service in all three jurisdictions. 17/05/18 Hoare, Samantha E-mails with Julia on this. 0.30 0.30 127.50 17/05/18 Greenfield, John E-mail documents for service. 1.00 1.00 550.00 17/05/18 Greenfield, John E-mail exchanges with legal team. 0.50 0.50 275.00 18/05/18 Hayden, Maria Attending generally - preparing bundles, 1.90 1.90 522.50 cover letters, serving bundles. 18/05/18 Hoare, Samantha Prepare service packs, letters to the 2.60 2.60 1,105.00 Viscount, check bundles and take package downstairs to messengers. Call with Viscount to arrange service. Call with viscount checking service has been effected, receive call from viscount re whether we want an affidavit or normal record. e-mails to team. Review letters sent by Maria in London office and field call from Maria. 18/05/18 Schaefer, Julia Drafting Significations and letters for service; 2.50 2.50 875.00 liaising with Jersey and London office re service there; arranging for service through HM Sergeant to serve today; emails to client re same. Re-issuing client engagement letter and CDD documentation. 18/05/18 Greenfield, John E-mail exchanges with client/co team for service. 0.50 0.50 275.00
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 6 of 10 Re: Serving U.S. proceedings Date: 11 June 2018 Our Ref: Inv No: 10407/1066242.0001 1085983 Date Fee Earner Narrative Worked Hours Billed Hours Amount 18/05/18 Greenfield, John Filing/signing service papers/email 0.80 0.80 440.00 exchanges with legal team. 21/05/18 Greenfield, John E-mail exchanges with client/legal team. 0.30 0.30 165.00 21/05/18 Schaefer, Julia Review / Perusal of the documents served on 0.40 0.40 140.00 Friday and discussion re same with JPG. 21/05/18 Hoare, Samantha E-mails with Julia, and call to Viscount. 0.30 0.30 127.50 22/05/18 Hoare, Samantha E-mail with Julia. 0.10 0.10 42.50 22/05/18 Schaefer, Julia Drafting Affidavit of Service, finalising and 1.70 1.70 595.00 swearing same. Emails to London and Jersey office to chase affidavits of service there. 22/05/18 Hayden, Maria Drafting an affidavit of service, sending to J 1.40 1.40 385.00 Schaefer to review. 22/05/18 Dunster, Mark Notarial: Affidavit of Julia Schaefer. 0.30 0.30 157.50 23/05/18 Hayden, Maria Attending generally - preparing compiled 0.90 0.90 247.50 exhibit, arranging for affidavit to be sworn at CMS, compiling affidavit. 23/05/18 Schaefer, Julia E-mails with client and Jersey/London re 0.30 0.30 105.00 affidavits of service. 23/05/18 Hoare, Samantha Call to Viscount's Court stamps and cash for 0.50 0.50 212.50 Affidavits of service, draft letter to Viscount. Scan and send to Julia together with 2 e- mails. Get documents couriered to Guernsey. 23/05/18 Greenfield, John E-mail exchange with clients. 0.30 0.30 165.00 29/05/18 Schaefer, Julia E-mails with Luis Casasmeyer. 0.20 0.20 70.00
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 7 of 10 REMITTANCE ADVICE PLEASE RETURN IN FULL FAO: Maria Yip as Chapter 7 Trustee for the Bankruptcy Estates of Providence Financial Investments, Inc and Providence Fixed Income Fund, LLC Yip Associates 1 East Broward Boulevard Suite 700 Fort Lauderdale, FL 33301 USA Our Ref: Inv No: Date: 10407/1066242.0001 1085983 11 June 2018 Re: Serving U.S. proceedings Charges for our professional services rendered to 11 June 2018. 8,087.50 Disbursements: Miscellaneous/Sundry 80.00 HM Sheriff fees 332.00 Hand deliveries 30.00 Court Stamps 200.00 Photocopying 5.25 TOTAL BALANCE DUE 8,734.75 Methods of Payment (Terms: Payment due on presentation) By Bank Transfer: For the account of Carey Olsen, Royal Bank of Scotland International Limited, Sort code 16-20-29, account number 56239518, stating the Invoice Number and Reference as Narrative. IBAN Office Account: GB64RBOS16202956239518 SWIFT: RBOSGGSP By Credit/Debit Card: My payment is made by (tick where appropriate) Mastercard Visa Maestro Signature: Start Date: / (mm/yy) Credit/Debit Card No. Expiry Date: / (mm/yy) Security Code Issue No
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 8 of 10 EXHIBIT "B"
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 9 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION IN RE: PROVIDENCE FINANCIAL INVESTMENTS, INC., PROVIDENCE FIXED INCOME FUND, LLC, Debtors. / Case No. 16-20516-AJC Chapter 7 (Jointly Administered) Case No. 16-20517-AJC ORDER GRANTING TRUSTEE S EX PARTE MOTION TO PAY PROCESS SERVER THIS MATTER came before the Court upon the Trustee s Motion to Pay Process Server (the Motion ) [ECF No.--]. The Court having reviewed and considered the Motion and being otherwise duly advised in the premises, finds good cause to grant the Motion. Accordingly, it is ORDERED as follows: 1. The Motion is GRANTED. 2. The Trustee is authorized to pay the fees and costs to the Carey Olsen LLP firm as reflected in the invoice attached to the Motion as Exhibit "A." 47674474;1
Case 16-20516-AJC Doc 309 Filed 04/02/19 Page 10 of 10 Submitted by: Eyal Berger, Esq. AKERMAN LLP Attorneys for Trustee, Maria Yip 350 East Las Olas Boulevard Fort Lauderdale, Florida 33301 Tel: 954-463-2700 eyal.berger@akerman.com ### Attorney Berger is directed to serve copies of this Order upon all interested parties and to file a certificate of service with the Court. 47674474;1