Case 6:12-bk-28006-MJ Doc 842 Filed 10/23/13 Entered 10/23 ...€¦ · Case No . 6:12 -bk -28006 MJ...

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STRADLING YOCCA

CARLSON & RAUTH LAWYER S

SANTA MONICA

DOCSSM/3004709v4/200430-0003

PAUL R. GLASSMAN (State Bar No. 76536) FRED NEUFELD (State Bar No. 150759)

LAURA L. BUCHANAN (State Bar No. 156261)

KATHLEEN D. DeVANEY (State Bar No. 156444)

STRADLING YOCCA CARLSON & RAUTH, P.C.

100 Wilshire Blvd., 4th

Floor

Santa Monica, CA 90401

Telephone: (424) 214-7000

Facsimile: (424) 214-7010

E-mail: [email protected]; [email protected];

[email protected]; [email protected]

JAMES F. PENMAN (State Bar No. 91761) CITY ATTORNEY 300 North “D” STREET, Sixth Floor San Bernardino, CA 92418 Telephone: (909) 384-5355 Facsimile: (909) 384-5238 E-mail: [email protected]

Attorneys for Debtor City of San Bernardino

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION

In re

CITY OF SAN BERNARDINO, CALIFORNIA,

Debtor.

Case No. 6:12-bk-28006 MJ Chapter 9

ORDER FIXING BAR DATES AND APPROVING FORM OF NOTICE THEREOF

[No Hearing Required]

FILED & ENTERED

OCT 23 2013

CLERK U.S. BANKRUPTCY COURTCentral District of CaliforniaBY DEPUTY CLERKmoser

Case 6:12-bk-28006-MJ Doc 842 Filed 10/23/13 Entered 10/23/13 15:41:10 Desc Main Document of 20

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DOCSSM/3004709v4/200430-0003

Order

The City of San Bernardino, California (the “City”) filed its chapter 9 bankruptcy case on

August 1, 2012 (the “Petition Date”). The Court entered the order for relief in this chapter 9

bankruptcy case on September 17, 2013 (the “Order for Relief”). The Court has now determined

that bar dates should be set for filing proofs of claim against the City, and the City may use the bar

date notice to give notice of the entry of the Order for Relief. Accordingly, IT IS HEREBY

ORDERED THAT:

1. The deadline for filing a proof of claim against the City (“Proof of Claim”) for claims

that arose on or before September 17, 2013 shall be February 7, 2014. Such deadline for filing

Proofs of Claim shall apply to all claims against the City that arose on or before September 17, 2013,

except that such deadline shall not apply to: (a) current employees of the City; (b) former employees

of the City (and their spouses and dependents) who are receiving pensions or retiree health benefits

based upon their former employment with the City; and (c) claims of governmental units against the

City. Upon the request of the City, the Court will set a deadline for filing current employee and

retiree Proofs of Claim at a later date.

2. The deadline for governmental units to file Proofs of Claim against the City for

claims that arose on or before September 17, 2013 shall be March 21, 2014.

3. Each of the indenture trustees (each a “Trustee”) listed below is authorized to file a

single Proof of Claim on behalf of the beneficial holders under the respective public debt issuances,

in which event it shall not be necessary for holders of the debt issues to do so:

a. U. S. Bank, N. A. (as Trustee under the Trust Indenture dated December 1, 1996)

for the holders of the $16,320,000 San Bernardino Joint Powers Financing

Authority Lease Revenue Refunding Bonds (City Hall Project) Series 1996;

b. U. S. Bank, N. A. (as Trustee under the Trust Agreement dated July 1, 1997) for

the holders of the $10,370,000 San Bernardino Joint Powers Financing Authority

Public Facilities Lease Revenue Refunding Bonds, 1997 Series A;

c. U. S. Bank, N. A. (as Trustee under the Trust Agreement dated July 1, 1998) for

amounts due in respect of $36,230,000 San Bernardino Public safety Authority


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DOCSSM/3004709v4/200430-0003

City of San Bernardino Municipal Water Department 1998 Refunding Sewer

Revenue Certificates of Participation;

d. U. S. Bank, N. A. (as Trustee under the Trust Agreement dated September 1,

1999) for the holders of the $15,480,000 Refunding Certificates of Participation

(1999 Police Station, South Valle and 201 North E Street Projects); and

e. Wells Fargo Bank, N.A. (as Trustee under the Trust Agreement dated October 1,

2005) for the holders of the 2005 Series A-1 (Standard Bonds) and the 2005

Series A-2 (Capital Appreciation Bonds).

4. Any person or entity that fails to file a Proof of Claim by the applicable deadline shall

be forever barred, estopped and enjoined from (a) asserting any such claim against the City, and

(b) receiving a payment or other distribution from the City on account of such claim.

5. The form of Notice of (1) Entry of Order for Relief and (2) Claims Bar Dates (the

“Bar Date Notice”), a copy of which is attached hereto as Exhibit 1, is approved.

6. The City shall cause the Bar Date Notice to be transmitted by first class mail to all

creditors and parties in interest by no later than November 8, 2013.

7. The Bar Date Notice shall include a notice that the Court entered the Order for Relief

on September 17, 2013.

8. The Bar Date Notice shall be published at least once a week for three successive

weeks in The Sun and The Bond Buyer because (a) The Sun is a newspaper of general circulation and

is published in San Bernardino and the Inland Empire area within the Central District of California,

(b) The Bond Buyer is a publication of general circulation among municipal bond dealers and

bondholders, and (c) both have regularly reported news regarding the chapter 9 case of the City. The

publication version of the Bar Date Notice shall be the same as the mailed version, except that

instead of including a proof of claim form, the notice as published shall provide that proof of claim

forms may be obtained by contacting the claims agent at 818-906-8300, or at

www.omnimgt.com/cityofsanbernardino. Publication notice shall be given as soon as reasonably

possible after the mail notice.


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DOCSSM/3004709v4/200430-0003

9. This Court shall retain jurisdiction to hear and determine all matters arising from or

related to this Order.

# # #

Date: October 23, 2013


EXHIBIT 1


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STRADLING YOCCA


SANTA MONICA

DOCSSM/3004642v3/200430-0003

PAUL R. GLASSMAN (State Bar No. 76536)FRED NEUFELD (State Bar No. 150759) LAURA L. BUCHANAN (State Bar No. 156261) KATHLEEN D. DeVANEY (State Bar No. 156444) STRADLING YOCCA CARLSON & RAUTH, P.C. 100 Wilshire Blvd., 4th Floor Santa Monica, CA 90401 Telephone: (424) 214-7000 Facsimile: (424) 214-7010 E-mail: [email protected] [email protected] [email protected] [email protected]

JAMES F. PENMAN (State Bar No. 91761) CITY ATTORNEY 300 North “D” STREET, Sixth Floor San Bernardino, CA 92418 Telephone: (909) 384-5355 Facsimile: (909) 384-5238 E-mail: [email protected] Attorneys for Debtor City of San Bernardino

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION

In re

CITY OF SAN BERNARDINO, CALIFORNIA,

Debtor.

Case No. 6:12-bk-28006 MJ Chapter 9 NOTICE OF: (1) ENTRY OF ORDER FOR RELIEF; AND (2) DEADLINES FOR FILING PROOFS OF CLAIM


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STRADLING YOCCA


SANTA MONICA 1

DOCSSM/3004642v3/200430-0003

TO ALL PERSONS AND ENTITIES THAT HAVE CLAIMS AGAINST THE CITY OF SAN BERNARDINO, CALIFORNIA

1. PLEASE TAKE NOTICE THAT on August 1, 2012 (the “Petition Date”), the City

of San Bernardino, California (the “City”) filed a voluntary petition for relief under chapter 9 of the

Bankruptcy Code, in the United States Bankruptcy Court for the Central District of California (the

“Court”). On September 17, 2013, the Court entered the Order for Relief Under Chapter 9 of the

Bankruptcy Code (Docket No. 798).

2. PLEASE TAKE FURTHER NOTICE that, by its order entered on October ___,

2013, the Court established February 7, 2014 as the deadline by which any person or entity

asserting a claim against the City that arose on or before September 17, 2013 must file a proof of

claim (“Proof of Claim”), except that such deadline shall not apply to:

a. current employees of the City;

b. former employees of the City (and their spouses and dependents) who are receiving

pensions or retiree health benefits based upon their former employment with the City;

and

c. claims of governmental units against the City.

3. A deadline for filing Proofs of Claim by current employees and retirees (and their

spouses and dependents) will be set at a later date.

4. The deadline for filing Proofs of Claim against the City by governmental units for

claims that arose on or before September 17, 2013, is March 21, 2014.

5. Each of the indenture trustees (each a “Trustee”) listed below is authorized, and has

agreed to file a single Proof of Claim on behalf of the beneficial holders under the respective public

debt issuances, so it is not necessary for holders of the respective debt issues to do so:

a. U. S. Bank, N. A. (as Trustee under the Trust Indenture dated December 1, 1996)

for the holders of the $16,320,000 San Bernardino Joint Powers Financing

Authority Lease Revenue Refunding Bonds (City Hall Project) Series 1996;


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SANTA MONICA 2

DOCSSM/3004642v3/200430-0003

b. U. S. Bank, N. A. (as Trustee under the Trust Agreement dated July 1, 1997) for

the holders of the $10,370,000 San Bernardino Joint Powers Financing Authority

Public Facilities Lease Revenue Refunding Bonds, 1997 Series A;

c. U. S. Bank, N. A. (as Trustee under the Trust Agreement dated July 1, 1998) for

amounts due in respect of $36,230,000 San Bernardino Public Safety Authority

City of San Bernardino Municipal Water Department 1998 Refunding Sewer

Revenue Certificates of Participation;

d. U. S. Bank, N. A. (as Trustee under the Trust Agreement dated September 1,

1999) for the holders of the $15,480,000 Refunding Certificates of Participation

(1999 Police Station, South Valle and 201 North E Street Projects); and

e. Wells Fargo Bank, N.A. (as Trustee under the Trust Agreement dated October 1,

2005) for the holders of the 2005 Series A-1 (Standard Bonds) and the 2005

Series A-2 (Capital Appreciation Bonds).

6. The City has prepared a List of Creditors. The List of Creditors may be viewed at

www.omnimgt.com/cityofsanbernardino, or during regular business hours at the office of the Clerk

of the Bankruptcy Court, 3420 12th Street, Riverside, California 92501. If your claim is included in

the List of Creditors in the amount and priority description (secured or unsecured) that you believe to

be correct, and it is not listed as disputed, contingent, unliquidated or unknown, then your claim is

deemed filed in the amount and category set forth in the List of Creditors, and the filing of a Proof of

Claim is not necessary. However, if:

(a) you are not included in the List of Creditors but you believe you have a claim that

arose on or before September 17, 2013,

(b) you are included in the List of Creditors but you disagree with the amount of your

claim or the priority description (secured or unsecured) that is stated in the List of

Creditors, or

(c) your claim is listed as disputed, contingent, unliquidated or unknown,


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SANTA MONICA 3

DOCSSM/3004642v3/200430-0003

then you may lose the right to ever receive a payment or other distribution from the City on your

claim if you do not file a Proof of Claim by the deadlines provided for above. A form of Proof of

Claim for you to use is enclosed with this notice.

7. If you already have filed a Proof of Claim, you do not need to file another Proof of

Claim.

CONSEQUENCES OF FAILURE TO FILE PROOF OF CLAIM TIMELY

8. Any person or entity that is required to but fails to file a Proof of Claim by the

applicable deadline will be forever barred, estopped and enjoined from (a) asserting any claim

against the City that arose on or before September 17, 2013, and (b) receiving a payment or other

distribution from the City on account of such claim.

PROCEDURES FOR FILING PROOFS OF CLAIM

9. Proofs of Claim must be (i) written in English, (ii) denominated in lawful currency of

the United States, and (iii) signed by the actual claimant or by the claimant’s authorized

representative or agent. You must include with the Proof of Claim all documentation upon which

your claim is based. If the documentation is voluminous, then attach a summary. If certain

documentation is not available, then provide an explanation as to why the missing documents are not

available. For secured claims, you should submit evidence that the alleged security interest has been

perfected.

10. Send the Proof of Claim by U.S. Mail, overnight delivery, other commercial

delivery service or hand delivery to the Claims Agent at:

City of San Bernardino Proofs of Claim c/o Rust Consulting/Omni Bankruptcy

5955 De Soto Avenue, Suite 100 Woodland Hills, CA 91367

Alternatively, Proofs of Claim may be filed electronically via the Case Management/Electronic Case

Filing ("CM/ECF") system by a claimant's attorney or by a CM/ECF limited access filer who has a

CM/ECF account. Proofs of Claim filed electronically via CM/ECF also must be filed by the

applicable deadlines.


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SANTA MONICA 4

DOCSSM/3004642v3/200430-0003

11. Proofs of Claim that are emailed or sent by fax or telecopy, or sent to any other

location, will not be accepted.

12. Proofs of Claim must be received by the Claims Agent, or electronically by the Court

via the CM/ECF system, by the applicable deadline. A Proof of Claim that is received after the

deadline will be treated as not timely filed.

13. If you want to receive a conformed copy of your filed Proof of Claim from the Claims

Agent, you must include with your Proof of Claim a stamped self-addressed envelope and an

additional copy of your Proof of Claim.

14. You should not file a Proof of Claim if you do not have a claim against the City.

The fact that you have received this notice does not mean that you have a claim or that the

City or the Court believes that you have a claim.

15. Any questions regarding this notice may be directed to the Claims Agent (Rust

Consulting/Omni Bankruptcy) at 818-906-8300 or at www.omnimgt.com/cityofsanbernardino. You

may also wish to consult an attorney, including to discuss whether you should file a proof of claim.

Dated: October _ , 2013 STRADLING YOCCA CARLSON & RAUTH, P.C.

By: /s/ Paul S. Glassman

Paul S. Glassman Fred Neufeld Attorneys for City of San Bernardino, California, Chapter 9 Debtor


B10 (Official Form 10) (04/13)

UNITED STATES BANKRUPTCY COURT __________ District of __________ PROOF OF CLAIM Name of Debtor: Case Number:

COURT USE ONLY

NOTE: Do not use this form to make a claim for an administrative expense that arises after the bankruptcy filing. You may file a request for payment of an administrative expense according to 11 U.S.C. § 503.

Name of Creditor (the person or other entity to whom the debtor owes money or property):

Name and address where notices should be sent:

Telephone number: email:

Check this box if this claim amends a previously filed claim.

Court Claim Number:______________ (If known)

Filed on:_____________________ Name and address where payment should be sent (if different from above):

Telephone number: email:

Check this box if you are aware that anyone else has filed a proof of claim relating to this claim. Attach copy of statement giving particulars.

1. Amount of Claim as of Date Case Filed: $_______________________________

If all or part of the claim is secured, complete item 4.

If all or part of the claim is entitled to priority, complete item 5.

Check this box if the claim includes interest or other charges in addition to the principal amount of the claim. Attach a statement that itemizes interest or charges.

2. Basis for Claim: _________________________________________________________________ (See instruction #2)

3. Last four digits of any number by which creditor identifies debtor:

___ ___ ___ ___

3a. Debtor may have scheduled account as:

_____________________________ (See instruction #3a)

3b. Uniform Claim Identifier (optional):

__ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ (See instruction #3b)

4. Secured Claim (See instruction #4) Check the appropriate box if the claim is secured by a lien on property or a right of setoff, attach required redacted documents, and provide the requested information.

Nature of property or right of setoff: Real Estate Motor Vehicle OtherDescribe:

Value of Property: $________________

Annual Interest Rate_______% Fixed or Variable(when case was filed)

Amount of arrearage and other charges, as of the time case was filed, included in secured claim, if any:

$__________________

Basis for perfection: _______________________________________

Amount of Secured Claim: $__________________

Amount Unsecured: $__________________

5. Amount of Claim Entitled to Priority under 11 U.S.C. § 507 (a). If any part of the claim falls into one of the following categories, check the box specifying the priority and state the amount.

Domestic support obligations under 11 U.S.C. § 507 (a)(1)(A) or (a)(1)(B).

Wages, salaries, or commissions (up to $12,475*) earned within 180 days before the case was filed or the debtor’s business ceased, whichever is earlier – 11 U.S.C. § 507 (a)(4).

Contributions to an employee benefit plan – 11 U.S.C. § 507 (a)(5).

Amount entitled to priority:

$______________________ Up to $2,775* of deposits toward purchase, lease, or rental of property or services for personal, family, or household use – 11 U.S.C. § 507 (a)(7).

Taxes or penalties owed to governmental units – 11 U.S.C. § 507 (a)(8).

Other – Specify applicable paragraph of 11 U.S.C. § 507 (a)(__).

*Amounts are subject to adjustment on 4/01/16 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment.

6. Credits. The amount of all payments on this claim has been credited for the purpose of making this proof of claim. (See instruction #6)

Central District of California

City of San Bernardino, California 6:12-28006-MJ


B10 (Official Form 10) (04/13) 27. Documents: Attached are redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments, mortgages, security agreements, or, in the case of a claim based on an open-end or revolving consumer credit agreement, a statement providing the information required by FRBP 3001(c)(3)(A). If the claim is secured, box 4 has been completed, and redacted copies of documents providing evidence of perfection of a security interest are attached. If the claim is secured by the debtor's principal residence, the Mortgage Proof of Claim Attachment is being filed with this claim. (See instruction #7, and the definition of “redacted”.)

DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.

If the documents are not available, please explain:

8. Signature: (See instruction #8)

Check the appropriate box.

I am the creditor. I am the creditor’s authorized agent. I am the trustee, or the debtor, or their authorized agent. (See Bankruptcy Rule 3004.)

I am a guarantor, surety, indorser, or other codebtor. (See Bankruptcy Rule 3005.)

I declare under penalty of perjury that the information provided in this claim is true and correct to the best of my knowledge, information, and reasonable belief.

Print Name: _________________________________________________ Title: _________________________________________________ Company: _________________________________________________ Address and telephone number (if different from notice address above): _________________________________________________ _________________________________________________ _________________________________________________ Telephone number: email:

(Signature) (Date)

Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571.

INSTRUCTIONS FOR PROOF OF CLAIM FORM The instructions and definitions below are general explanations of the law. In certain circumstances, such as bankruptcy cases not filed voluntarily by the debtor,

exceptions to these general rules may apply. Items to be completed in Proof of Claim form

Court, Name of Debtor, and Case Number: Fill in the federal judicial district in which the bankruptcy case was filed (for example, Central District of California), the debtor’s full name, and the case number. If the creditor received a notice of the case from the bankruptcy court, all of this information is at the top of the notice.

Creditor’s Name and Address: Fill in the name of the person or entity asserting a claim and the name and address of the person who should receive notices issued during the bankruptcy case. A separate space is provided for the payment address if it differs from the notice address. The creditor has a continuing obligation to keep the court informed of its current address. See Federal Rule of Bankruptcy Procedure (FRBP) 2002(g).

1. Amount of Claim as of Date Case Filed:State the total amount owed to the creditor on the date of the bankruptcy filing. Follow the instructions concerning whether to complete items 4 and 5. Check the box if interest or other charges are included in the claim.

2. Basis for Claim: State the type of debt or how it was incurred. Examples include goods sold, money loaned, services performed, personal injury/wrongful death, car loan, mortgage note, and credit card. If the claim is based on delivering health care goods or services, limit the disclosure of the goods or services so as to avoid embarrassment or the disclosure of confidential health care information. You may be required to provide additional disclosure if an interested party objects to the claim.

3. Last Four Digits of Any Number by Which Creditor Identifies Debtor: State only the last four digits of the debtor’s account or other number used by the creditor to identify the debtor.

3a. Debtor May Have Scheduled Account As:Report a change in the creditor’s name, a transferred claim, or any other information that clarifies a difference between this proof of claim and the claim as scheduled by the debtor.

3b. Uniform Claim Identifier:If you use a uniform claim identifier, you may report it here. A uniform claim identifier is an optional 24-character identifier that certain large creditors use to facilitate electronic payment in chapter 13 cases.

4. Secured Claim: Check whether the claim is fully or partially secured. Skip this section if the

claim is entirely unsecured. (See Definitions.) If the claim is secured, check the box for the nature and value of property that secures the claim, attach copies of lien documentation, and state, as of the date of the bankruptcy filing, the annual interest rate (and whether it is fixed or variable), and the amount past due on the claim.

5. Amount of Claim Entitled to Priority Under 11 U.S.C. § 507 (a). If any portion of the claim falls into any category shown, check the appropriate box(es) and state the amount entitled to priority. (See Definitions.) A claim may be partly priority and partly non-priority. For example, in some of the categories, the law limits the amount entitled to priority.

6. Credits:An authorized signature on this proof of claim serves as an acknowledgment that when calculating the amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.

7. Documents:Attach redacted copies of any documents that show the debt exists and a lien secures the debt. You must also attach copies of documents that evidence perfection of any security interest and documents required by FRBP 3001(c) for claims based on an open-end or revolving consumer credit agreement or secured by a security interest in the debtor’s principal residence. You may also attach a summary in addition to the documents themselves. FRBP 3001(c) and (d). If the claim is based on delivering health care goods or services, limit disclosing confidential health care information. Do not send original documents, as attachments may be destroyed after scanning.

8. Date and Signature:The individual completing this proof of claim must sign and date it. FRBP 9011. If the claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establish local rules specifying what constitutes a signature. If you sign this form, you declare under penalty of perjury that the information provided is true and correct to the best of your knowledge, information, and reasonable belief. Your signature is also a certification that the claim meets the requirements of FRBP 9011(b). Whether the claim is filed electronically or in person, if your name is on the signature line, you are responsible for the declaration. Print the name and title, if any, of the creditor or other person authorized to file this claim. State the filer’s address and telephone number if it differs from the address given on the top of the form for purposes of receiving notices. If the claim is filed by an authorized agent, provide both the name of the individual filing the claim and the name of the agent. If the authorized agent is a servicer, identify the corporate servicer as the company. Criminal penalties apply for making a false statement on a proof of claim.


B10 (Official Form 10) (04/13) 3

__________DEFINITIONS__________ ______INFORMATION______

Debtor A debtor is the person, corporation, or other entity that has filed a bankruptcy case.

Creditor A creditor is a person, corporation, or other entity to whom debtor owes a debt that was incurred before the date of the bankruptcy filing. See 11 U.S.C. §101 (10).

ClaimA claim is the creditor’s right to receive payment for a debt owed by the debtor on the date of the bankruptcy filing. See 11 U.S.C. §101 (5). A claim may be secured or unsecured.

Proof of Claim A proof of claim is a form used by the creditor to indicate the amount of the debt owed by the debtor on the date of the bankruptcy filing. The creditor must file the form with the clerk of the same bankruptcy court in which the bankruptcy case was filed.

Secured Claim Under 11 U.S.C. § 506 (a)A secured claim is one backed by a lien on property of the debtor. The claim is secured so long as the creditor has the right to be paid from the property prior to other creditors. The amount of the secured claim cannot exceed the value of the property. Any amount owed to the creditor in excess of the value of the property is an unsecured claim. Examples of liens on property include a mortgage on real estate or a security interest in a car. A lien may be voluntarily granted by a debtor or may be obtained through a court proceeding. In some states, a court judgment is a lien.

A claim also may be secured if the creditor owes the debtor money (has a right to setoff).

Unsecured Claim An unsecured claim is one that does not meet the requirements of a secured claim. A claim may be partly unsecured if the amount of the claim exceeds the value of the property on which the creditor has a lien.

Claim Entitled to Priority Under 11 U.S.C. § 507 (a) Priority claims are certain categories of unsecured claims that are paid from the available money or property in a bankruptcy case before other unsecured claims.

RedactedA document has been redacted when the person filing it has masked, edited out, or otherwise deleted, certain information. A creditor must show only the last four digits of any social-security, individual’s tax-identification, or financial-account number, only the initials of a minor’s name, and only the year of any person’s date of birth. If the claim is based on the delivery of health care goods or services, limit the disclosure of the goods or services so as to avoid embarrassment or the disclosure of confidential health care information.

Evidence of PerfectionEvidence of perfection may include a mortgage, lien, certificate of title, financing statement, or other document showing that the lien has been filed or recorded.

Acknowledgment of Filing of ClaimTo receive acknowledgment of your filing, you may either enclose a stamped self-addressed envelope and a copy of this proof of claim or you may access the court’s PACER system (www.pacer.psc.uscourts.gov) for a small fee to view your filed proof of claim.

Offers to Purchase a ClaimCertain entities are in the business of purchasing claims for an amount less than the face value of the claims. One or more of these entities may contact the creditor and offer to purchase the claim. Some of the written communications from these entities may easily be confused with official court documentation or communications from the debtor. These entities do not represent the bankruptcy court or the debtor. The creditor has no obligation to sell its claim. However, if the creditor decides to sell its claim, any transfer of such claim is subject to FRBP 3001(e), any applicable provisions of the Bankruptcy Code (11 U.S.C. § 101 et seq.), and any applicable orders of the bankruptcy court.


This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9021-1.1.NOTICE.ENTERED.ORDER

DOCSSM/3004709v4/200430-0003

NOTICE OF ENTERED ORDER AND SERVICE LIST

Notice is given by the court that a judgment or order entitled (specify): ORDER FIXING BAR DATES AND APPROVING

FORM OF NOTICE THEREOF was entered on the date indicated as Entered on the first page of this judgment or order

and will be served in the manner stated below:

1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to controlling General Orders

and LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the

judgment or order. As of October 22, 2013, the following persons are currently on the Electronic Mail Notice List for this

bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below.

The United States trustee will be served electronically by the court to:

United States Trustee (RS) [email protected]

ATTORNEYS FOR DEBTOR

Paul R. Glassman [email protected]

Fred Neufeld [email protected]

Jerrold Abeles on behalf of Interested Party Ambac Assurance Company

[email protected], [email protected]

Jerrold Abeles on behalf of Interested Party Erste Europische Pfandbrief-und Kommunalkreditbank AG


Jerrold Abeles on behalf of Interested Party Wells Fargo Bank, N.A.


Franklin C Adams on behalf of Creditor San Bernardino Associated Governments

[email protected], [email protected];[email protected];[email protected]

Franklin C Adams on behalf of Creditor San Bernardino Local Agency Formation Commission


Franklin C Adams on behalf of Interested Party Courtesy NEF


Joseph M Adams on behalf of Interested Party Courtesy NEF

[email protected]

Andrew K Alper on behalf of Interested Party Courtesy NEF

[email protected], [email protected];[email protected]

Thomas V Askounis on behalf of Interested Party Courtesy NEF

[email protected]

Julie A Belezzuoli on behalf of Defendant California Department of Finance

[email protected]

Julie A Belezzuoli on behalf of Defendant Office of State Controller, State of California

[email protected]

Julie A Belezzuoli on behalf of Defendant Ana J Matosantos




DOCSSM/3004709v4/200430-0003

[email protected]

Julie A Belezzuoli on behalf of Defendant John Chiang

[email protected]

Anthony Bisconti on behalf of Creditor Certain Retired Employees of the City of San Bernardino


Anthony Bisconti on behalf of Interested Party Courtesy NEF


Brett Bissett on behalf of Creditor California Public Employees' Retirement System


Brett Bissett on behalf of Interested Party Courtesy NEF


Jeffrey E Bjork on behalf of Interested Party Courtesy NEF

[email protected]

Michael D Boutell on behalf of Creditor Comerica Bank

[email protected]

J Scott Bovitz on behalf of Creditor U.S. TelePacific Corp.

[email protected]

John A Boyd on behalf of Interested Party Courtesy NEF

[email protected]

John A Boyd on behalf of Interested Party Thompson & Colegate LLP

[email protected]

Jeffrey W Broker on behalf of Creditor The Glen Aire Mobilehome Park Corporation

[email protected]

Jeffrey W Broker on behalf of Interested Party Courtesy NEF

[email protected]

Deana M Brown on behalf of Interested Party Courtesy NEF

[email protected]

Michael J Bujold on behalf of U.S. Trustee United States Trustee (RS)

[email protected]

Shirley Cho on behalf of Interested Party National Public Finance Guarantee Corp.

[email protected]

Alicia Clough on behalf of Defendant California Department of Finance


Alicia Clough on behalf of Defendant Office of State Controller, State of California





DOCSSM/3004709v4/200430-0003

Alicia Clough on behalf of Defendant State of California


Alicia Clough on behalf of Defendant Ana J Matosantos


Alicia Clough on behalf of Defendant John Chiang


Marc S Cohen on behalf of Defendant California Department of Finance


Marc S Cohen on behalf of Defendant Office of State Controller, State of California


Marc S Cohen on behalf of Defendant State of California


Marc S Cohen on behalf of Defendant Ana J Matosantos


Marc S Cohen on behalf of Defendant John Chiang


Ronald R Cohn on behalf of Interested Party Courtesy NEF

[email protected]

Christopher H Conti on behalf of Interested Party San Bernardino Public Employees Association


Christopher J Cox on behalf of Interested Party National Public Finance Guarantee Corp.


Christina M Craige on behalf of Interested Party Courtesy NEF

[email protected]

Alex Darcy on behalf of Creditor Marquette Bank


Susan S Davis on behalf of Interested Party Courtesy NEF

[email protected]

Robert H Dewberry on behalf of Creditor Allison Mechanical, Inc.

[email protected]

Todd J Dressel on behalf of Creditor Pinnacle Public Finance, Inc.


Chrysta L Elliott on behalf of Interested Party Courtesy NEF





DOCSSM/3004709v4/200430-0003

Scott Ewing on behalf of Interested Party Rust Consulting/Omni Bankruptcy


John A Farmer on behalf of Creditor County of San Bernardino, California

[email protected]

Brian W Freeman on behalf of Creditor Kim Thompson


Victoria C Geary on behalf of Defendant California State Board Of Equalization

[email protected]

Victoria C Geary on behalf of Defendant Cynthia Bridges

[email protected]

Paul R. Glassman on behalf of Attorney Paul R. Glassman

[email protected]

Paul R. Glassman on behalf of Debtor City of San Bernardino, California

[email protected]

Paul R. Glassman on behalf of Plaintiff City of San Bernardino, California

[email protected]

Robert P Goe on behalf of Creditor Miramontes Const. Co., Inc.


David M Goodrich on behalf of Creditor San Bernardino City Professional Firefighters Local 891


Christian Graham on behalf of Creditor Miramontes Const. Co., Inc.

[email protected]

Everett L Green on behalf of U.S. Trustee United States Trustee (RS)

[email protected]

Chad V Haes on behalf of Creditor San Bernardino City Professional Firefighters Local 891


Chad V Haes on behalf of Interested Party Courtesy NEF


James A Hayes on behalf of Interested Party Courtesy NEF

[email protected]

M Jonathan Hayes on behalf of Interested Party Courtesy NEF

[email protected], [email protected]; [email protected]; [email protected];

[email protected]; [email protected];[email protected]

D Edward Hays on behalf of Creditor San Bernardino City Professional Firefighters Local 891





DOCSSM/3004709v4/200430-0003

Eric M Heller on behalf of Interested Party Courtesy NEF

[email protected]

Jeffery D Hermann on behalf of Creditor County of San Bernardino, California

[email protected]

Jeffery D Hermann on behalf of Defendant County of San Bernardino

[email protected]

Bonnie M Holcomb on behalf of Interested Party Courtesy NEF


Whitman L Holt on behalf of Interested Party Courtesy NEF

[email protected]

Michelle C Hribar on behalf of Interested Party San Bernardino Public Employees Association

[email protected]

Steven J Katzman on behalf of Creditor Certain Retired Employees of the City of San Bernardino


Steven J Katzman on behalf of Interested Party Courtesy NEF


Jane Kespradit on behalf of Interested Party Courtesy NEF


Mette H Kurth on behalf of Interested Party Ambac Assurance Company

[email protected]

Mette H Kurth on behalf of Interested Party Erste Europische Pfandbrief-und Kommunalkreditbank AG

[email protected]

Mette H Kurth on behalf of Interested Party Wells Fargo Bank, N.A.

[email protected]

Mette H Kurth on behalf of Trustee Ambac Assurance Company, Erste Europaische Pfandbrief-Und

Kommunalkreditbank Ag And Wells Fargo Bank, N.A.

[email protected]

Sandra W Lavigna on behalf of Interested Party U. S. Securities and Exchange Commission

[email protected]

Michael B Lubic on behalf of Creditor California Public Employees' Retirement System


Michael B Lubic on behalf of Interested Party California Public Employees' Retirement System


Richard A Marshack on behalf of Interested Party Courtesy NEF





DOCSSM/3004709v4/200430-0003

David J McCarty on behalf of Interested Party David J. McCarty

[email protected]

Reed M Mercado on behalf of Interested Party M. Reed Mercado

[email protected]

Fred Neufeld on behalf of Debtor City of San Bernardino, California

[email protected]

Fred Neufeld on behalf of Plaintiff City of San Bernardino, California

[email protected]

Aron M Oliner on behalf of Interested Party San Bernardino Police Officers Association

[email protected]

Scott H Olson on behalf of Creditor Kohl's Department Stores, Inc.

[email protected]

Mark D Potter on behalf of Creditor Creditor Timothy Crowley

Mark D Potter [email protected], [email protected];[email protected]

Dean G Rallis, Jr on behalf of Interested Party Courtesy NEF

[email protected]

Christopher O Rivas on behalf of Interested Party Courtesy NEF

[email protected]

Kenneth N Russak on behalf of Interested Party Courtesy NEF


Gregory M Salvato on behalf of Interested Party Courtesy NEF


Mark C Schnitzer on behalf of Attorney Mark C. Schnitzer


Diane S Shaw on behalf of Interested Party Courtesy NEF

[email protected]

Ariella T Simonds on behalf of Interested Party Courtesy NEF

[email protected]

Leonard Steiner on behalf of Defendant Jose Munoz


Jason D Strabo on behalf of Creditor U.S. Bank National Association, not individually, but as Indenture Trustee


Cathy Ta on behalf of Interested Party Courtesy NEF





DOCSSM/3004709v4/200430-0003

Sheila Totorp on behalf of Creditor Landmark American Insurance Company


Benjamin R Trachtman on behalf of Interested Party Courtesy NEF


Matthew J Troy on behalf of Creditor United States of America

[email protected]

United States Trustee (RS)

[email protected]

Anne A Uyeda on behalf of Interested Party Courtesy NEF

[email protected]

Annie Verdries on behalf of Interested Party Courtesy NEF


Brian D Wesley on behalf of Interested Party Courtesy NEF

[email protected]

Kirsten A. Worley on behalf of Creditor Safeco Insurance Company Of America


Clarisse Young on behalf of Interested Party Courtesy NEF


Pamela Jan Zylstra on behalf of Interested Party Courtesy NEF

[email protected]

Service information continued on attached page

2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or

order was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the

addresses indicated below:


3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which

bears an “Entered” stamp, the party lodging the judgment or order will serve a complete copy bearing an “Entered” stamp

by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the

following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below:



Case 6:12-bk-28006-MJ Doc 842 Filed 10/23/13 Entered 10/23 ...€¦ · Case No . 6:12 -bk -28006 MJ...

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Transcript of Case 6:12-bk-28006-MJ Doc 842 Filed 10/23/13 Entered 10/23 ...€¦ · Case No . 6:12 -bk -28006 MJ...