Case 6:17-bk-17630-WJ Doc 56 Filed 06/01/18 Entered … lyle cocking, chapter: ... lp purchase price...
Transcript of Case 6:17-bk-17630-WJ Doc 56 Filed 06/01/18 Entered … lyle cocking, chapter: ... lp purchase price...
This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2012 Page 1 F 6004-2.NOTICE.SALE
Sale Date: Time:
Location:
Type of Sale: Public Private Last date to file objections:
Description of property to be sold: ___________________________________________________________________
Terms and conditions of sale: _______________________________________________________________________
Proposed sale price: _________________________________
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address
FOR COURT USE ONLY
Individual appearing without attorneyAttorney for:
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION
CASE NO.:
CHAPTER:
In re:
NOTICE OF SALE OF ESTATE PROPERTY
Debtor(s).
Lynda T. Bui, Trustee 3550 Vine Street, Suite 210 Riverside CA 92507 Telephone: (949) 340-3400 Facsimile: (949) 340-3000 Email: [email protected] Chapter 7 Trustee
RIVERSIDE DIVISION
STEVEN LYLE COCKING,
6:17-bk-17630-WJ
7
Bids Due by: 6/19/2018 at 5:00 p.m. (California time)Final Bidding Round: at court hearing set forth below
June 26, 2018 1:00 p.m.
Hearing: Courtroom 304, 3420 Twelfth St., Riverside, CA 92501 - see attached for Bidding Procedures
June 12, 2018
The Estate's 3.067% interest in Cocking Partners, LP
Purchase price of $75,000, subject to the Bid Procedures set forth in the attached. The Successful Bidder shall take title to the fractional partnership interest on an “as is - where as” basis without representations or warranties of any kind, expressed or implied, concerning the value, condition or fitness of purpose forany use thereof, in particular - subject to all existing liens and encumbrances. SEE ATTACHED FOR MORE INFORMATION.
$75,000, subject to overbids
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2012 Page 2 F 6004-2.NOTICE.SALE
Overbid procedure (if any): _________________________________________________________________________
If property is to be sold free and clear of liens or other interests, list date, time and location of hearing:
Contact person for potential bidders (include name, address, telephone, fax and/or email address):
Date:
Bids due by 6/19/2018 at 5:00 p.m. (California time). Final bidding round held at the Court hearing on the Sale Motion. Potential bidders must bid an initial amount of at least $5,000 over the Purchase Price;
minimum bid increments thereafter shall be $500. SEE ATTACHED FOR MORE INFORMATION.
Sale is not free and clear of liens.
Court hearing to be held on June 26, 2018 at 1:00 p.m. U.S. Bankruptcy Court
3420 Twelfth Street, Courtroom 304Riverside, CA 92501
Lynda T. Bui, Chapter 7 Trustee
3550 Vine Street, Suite 201Riverside, CA 92507
Telephone: (949) 340-3400Facsimile: (951) 275-9303Fax: (949) 340-3000
Email: [email protected]
06/01/2018
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2012 Page 1 F 9013-1.1. NOTICE
1. TO (specify name): _____________________________________________________________________________
2. NOTICE IS HEREBY GIVEN that on the following date and time and in the indicated courtroom, Movant in the above- captioned matter will move this court for an Order granting the relief sought as set forth in the Motion andaccompanying supporting documents served and filed herewith. Said Motion is based upon the grounds set forth inthe attached Motion and accompanying documents.
3. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if youhave one. (If you do not have an attorney, you may wish to consult one.)
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address
FOR COURT USE ONLY
Individual appearing without attorneyAttorney for:
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION
CASE NO.:
CHAPTER:
In re:
NOTICE OF MOTION FOR:
(Specify name of Motion)
DATE: TIME: COURTROOM: PLACE:
Debtor(s).
Lynda T. Bui, Chapter 7 Trustee 3550 Vine Street, Suite 210 Riverside, California 92507 Telephone: (949) 340-3400 Facsimile: (949) 340-3000 Email: [email protected]
RIVERSIDE DIVISION
6:17-bk-17630-WJ
STEVEN LYLE COCKING, 7
ORDER: (1) APPROVING THE SALE OF THE ESTATE'S INTEREST IN COCKING PARTNERS, LP PURSUANT TO CODE §363(b)(1), INCLUDING BREAK-UP FEE, SUBJECT TO OVERBIDS, COMBINED WITH NOTICE OF BIDDING PROCEDURES AND REQUEST FOR APPROVAL OF THE BIDDING PROCEDURES UTILIZED; AND (2) GRANTING RELATED RELIEF
06/26/20181:00 pm
304U.S. Bankruptcy Court3420 Twelfth StreetRiverside, CA 92501-3819
Debtor and his counsel, the United States Trustee, all creditors and other parties in interest
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2012 Page 2
4. Deadline for Opposition Papers: This Motion is being heard on regular notice pursuant to LBR 9013-1. If you wishto oppose this Motion, you must file a written response with the court and serve a copy of it upon the Movant orMovant’s attorney at the address set forth above no less than fourteen (14) days prior to the above hearing date. Ifyou fail to file a written response to this Motion within such time period, the court may treat such failure as a waiver ofyour right to oppose the Motion and may grant the requested relief.
5. Hearing Date Obtained Pursuant to Judge’s Self-Calendaring Procedure: The undersigned hereby verifies thatthe above hearing date and time were available for this type of Motion according to the judge’s self-calendaringprocedures.
Date:Printed name of law firm
Signature
Printed name of attorney
06/01/2018
/s/ Lynda T. Bui
Lynda T. Bui, Chapter 7 Trustee
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Statement of Information in Compliance with LBR 6004-1(c)(3)
LBR 6004-1(c)(3) Requirement
Information
LBR 6004-1(c)(3)(A) Date, Time, and Place of the hearing on the proposed sale:
Hearing Date and Time: June 26, 2018 at 1:00 p.m. Hearing Place: U.S. Bankruptcy Court 3420 Twelfth Street, Courtroom 304
Riverside, CA 92501
LBR 6004-1(c)(3)(B) Name and address of the proposed buyer:
Partnership Liquidity Investors, IV (“Buyer”) 1511 Kings Road Newport Beach, CA 92663
LBR 6004-1(c)(3)(C) Description of the property to be sold:
3.067% interest in Cocking Partners, LP (the “Fractional Partnership Interest”)
LBR 6004-1(c)(3)(D) Terms and conditions of the proposed sale, including the price and all contingencies:
Subject to the Bid Procedures set forth below, the Fractional Partnership Interest will be sold to the Buyer for $75,000, or an amount as increased by successful overbid, pursuant to the terms and conditions set forth in the Agreement for Purchase and Sale of Partnership Interest (“Agreement”) attached as Exhibit “1” to the Declaration of Lynda T. Bui (“Bui Declaration”) annexed to the Sale Motion.
LBR 6004-1(c)(3)(E) Whether the proposed sale is free and clear of liens, claims or interests, or subject to them, and a description of all such liens, claims or interests:
The Buyer or Successful Bidder, as the case may be, shall take title to the Fractional Partnership Interest on an “as is – where is” basis without representations or warranties of any kind, expressed or implied, being given by the Seller, concerning the value, condition or fitness of purpose for any use thereof, in particular – subject to all existing liens and encumbrances against the Fractional Partnership Interest.
LBR 6004-1(c)(3)(F) Whether the proposed sale is subject to higher and better bids:
Yes - See the Bid Procedures set forth in the Sale Motion.
LBR 6004-1(c)(3)(G) Consideration to be received by the Estate, including estimated commissions, fees and other costs of sale:
The Estate is expected to receive at least $75,000 or an amount as increased by a successful overbid.
LBR 6004-1(c)(3)(H) If authorization is sought to pay commission, the identity of the auctioneer, broker, or sales agent and the amount or percentage of the proposed commission to be paid:
There is no broker that will be involved in the sale transaction, and no escrow company will be utilized. It is anticipated that there will be no costs associated with the sale other than regular administrative costs of the Debtor’s Estate.
LBR 6004-1(c)(3)(I) A description of the estimated or possible tax consequences to the Estate, if known, and how any tax liability generated by the sale of the property will be paid:
Although it is anticipated there will not be any capital gains tax consequences, at this time, the Trustee does not know for certain what the capital gains taxes liability will be, if any, generated by the sale. In the event that there is any tax liability generated from the sale of the Prestige Stock that is a liability of the Estate, it is anticipated that such taxes will be minimal and will be paid from the proceeds of the sale.
LBR 6004-1(c)(3)(J) Date which objection must be filed and served:
Objections, if any, must be filed and served 14 days prior to the Hearing Date or June 12, 2018.
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SALE MOTION
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
1CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
Lynda T. Bui, Trustee 3550 Vine Street, Suite 210 Riverside, California 92507 Telephone: (949) 340-3400 Facsimile: (949) 340-3000 Email: [email protected] Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA, RIVERSIDE DIVISION
In re STEVEN LYLE COCKING, Debtor.
Case No. 6:17-bk-17630-WJ Chapter 7 CHAPTER 7 TRUSTEE’S MOTION FOR ORDER:
(1) APPROVING THE SALE OF THE ESTATE’S INTEREST IN COCKING PARTNERS, LP PURSUANT TO BANKRUPTCY CODE §363(b)(1), INCLUDING BREAK-UP FEE, SUBJECT TO OVERBIDS, COMBINED WITH NOTICE OF BIDDING PROCEDURES AND REQUEST FOR APPROVAL OF THE BIDDING PROCEDURES UTILIZED; AND
(2) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF LYNDA T. BUI IN SUPPORT THEREOF Hearing Date: Date: June 26, 2018 Time: 1:00 p.m. Place: Courtroom 304 3420 Twelfth Street
Riverside, California 92501
TO THE HONORABLE WAYNE E. JOHNSON, UNITED STATES BANKRUPTCY
JUDGE, THE OFFICE OF THE UNITED STATES TRUSTEE, THE DEBTOR AND ALL
INTERESTED PARTIES AND THEIR COUNSEL OF RECORD:
///
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
2CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
I. INTRODUCTION
Lynda T. Bui, the Chapter 7 Trustee (“Trustee”) for the bankruptcy estate
(“Estate”) of Steven Lyle Cocking (“Debtor”), brings this Motion for Order: (1) Approving
the Sale of the Estate’s Interest in Cocking Partners, LP Pursuant to Bankruptcy Code §
363(b)(1), Including Break-Up Fee, Subject to Overbids, Combined With Notice of
Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; and
(2) Granting Related Relief (“Sale Motion”) and respectfully represents as follows.
II. BACKGROUND FACTS
A. Case Commencement
The Debtor filed a voluntary petition under Chapter 7 of the Bankruptcy Code
September 12, 2017. The deadline for filing claims was February 20, 2018 (government
claims were due by March 12, 2018. As of May 25, 2018, the Claim Register reflects a
total of nineteen claims filed in the aggregate amount of $1,231,275.17, of which
$27,317.73 as been asserted as priority and $1,203,957.44 has been asserted as
general unsecured.
B. The Fractional Partnership Interest
In his Schedule A/B, item 19, the Debtor indicated that he has a “non-
transferrable interest” of 3.067% in Cocking Partners, LP (the “Partnership”), his
“parent’s partnership with non-guaranteed & discretionary distributions” (the “Fractional
Partnership Interest”). The Debtor further states that “due to loses [sic] there will be no
regular distributions for the next few years” and values his interest at $10,000. The
Debtor did not claim an exemption in the Fractional Partnership Interest.
The Trustee is not aware of any liens or encumbrances impacting the Debtor’s
interest in the Fractional Partnership Interest. The Trustee’s accountant has reviewed
and analyzed the Partnership Agreement, the Partnership’s tax returns and financial
records for 2014, 2015 and 2016, as well as a broker’s opinion of value for each of the
five properties located in San Diego that are held by the Partnership.
///
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
3CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
Based on the accountant’s review, the Trustee believes that the value and/or
marketability of the Fractional Partnership Interest is greater than the amount scheduled
by the Debtor.
III. RELIEF REQUESTED BY THE SALE MOTION
Through this Sale Motion, subject to the Bid Procedures set forth below, the
Trustee seeks a Court order to sell the Fractional Partnership Interest to Partnership
Liquidity Investors, IV (“Buyer”) for $75,0001, or an amount as increased by successful
overbid, pursuant to the terms and conditions set forth in the Agreement for Purchase
and Sale of Partnership Interest (“Agreement”) attached as Exhibit “1” to the
Declaration of Lynda T. Bui (“Bui Declaration”). The Buyer or Successful Bidder, as the
case may be, shall take title to the Fractional Partnership Interest on an “as is” basis,
subject to all existing liens and encumbrances and without warranty to the validity, value
or marketability of the Estate’s title to the Fractional Partnership Interest.
IV. NOTICE OF BID PROCEDURES
The Trustee has determined that it would benefit the Estate to permit all
interested parties to receive information and bid for the Fractional Partnership Interest
instead of selling the Fractional Partnership Interest to the Buyer on an exclusive basis.
Accordingly, in order to obtain the highest and best offer for the benefit of the creditors
of this Estate, the Trustee also seeks Court approval of the following bid procedures
(“Bid Procedures”):
a. Potential bidders must bid an initial amount of at least $5,000 over the Purchase Price, or $80,000. Minimum bid increments thereafter shall be $500. The Trustee shall have sole discretion in determining (i) the other procedures to be utilized for bidding, (ii) which overbid is the best for the Estate and will seek approval from the Court of the same.
b. In the event of a successful overbid, whether an initial overbid or a subsequent overbid, Buyer shall be paid a break-up fee of $2,500 (“Break-Up Fee”), which is to reimburse the Buyer for its attorneys’ fees and costs incurred in conducting its due diligence, negotiating the Agreement, appearing at the hearing on the approval of the Agreement, and reviewing the moving papers (and any opposition and reply thereto). ///
1 This is the highest and best offer the Trustee received from interested buyers.
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
4CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
c. Bids must be in writing and be received by the Trustee on or before
5:00 p.m. (California time) the date that is seven days prior to the Court hearing on the Trustee’s motion for a Court order approving the sale of the Fractional Partnership Interest (“Sale Motion”). Bids must be accompanied by certified funds in an amount equal to three percent of the overbid purchase price.
d. The bidder must also provide evidence of having sufficient specifically committed funds to complete the transaction or a lending commitment for the bid amount and such other documentation relevant to the bidder's ability to qualify as the purchaser of the Fractional Partnership Interest and ability to close the sale and immediately and unconditionally pay the winning bid purchase price at closing.
e. The bidder must seek to acquire the Fractional Partnership Interest on terms and conditions not less favorable to the Estate than the terms and conditions to which the Buyer has agreed to purchase the Fractional Partnership Interest as set forth in the Agreement with the Buyer including no contingencies and closing on the sale in the same time parameters as the Buyer.
f. All competing bids must acknowledge that the Fractional Partnership Interest is being sold on an “AS IS – WHERE IS” basis without representations or warranties of any kind, expressed or implied, being given by the Seller, concerning the value, condition or fitness of purpose for any use thereof, in particular - subject to all existing liens and encumbrances against the Fractional Partnership Interest. Buyer represents and warrants that it is purchasing the Fractional Partnership Interest as a result of its own investigations and is not buying the Estate’s interest in the Fractional Partnership Interest pursuant to any representation made by any broker, agent, accountant, attorney or employee acting at the direction or on behalf of the Seller. Buyer acknowledges that Buyer has investigated the value of the Fractional Partnership Interest and, upon Bankruptcy Court approval of this Agreement, Buyer forever waives, for itself, and its successors and assigns, any and all claims against the Estate and the Seller, both as Trustee and individually, and her attorneys, agents, and employees, arising or which might otherwise arise in the future concerning the Fractional Partnership Interest.
g. If overbids are received, the final bidding round shall be held at the hearing on the Trustee’s Sale Motion seeing approval of the Agreement and the sale of the Fractional Partnership Interest, or if rescheduled, upon telephonic notice to the Buyer and the parties having submitted overbids in order to allow all potential bidders the opportunity to overbid and purchase the Fractional Partnership Interest. At the final bidding round, the Trustee will, in the exercise of her business judgment and subject to Court approval, accept the bidder who has made the highest and best offer to purchase the Fractional Partnership Interest, consistent with the Bid Procedures (“Successful Bidder”). At the hearing on the Sale Motion, the Trustee will seek entry of an order, inter alia, authorizing and approving the sale of the Fractional Partnership Interest to the Successful Bidder. The hearing on the Sale Motion may be adjourned or rescheduled without notice other than by an announcement of the adjourned date at the hearing on the Sale Motion. In the event the Successful Bidder fails to close on the sale within the time parameters approved by the Court, the Trustee shall retain the Successful Bidder's deposit and will be released from her obligation to sell the Fractional Partnership Interest to the Successful Bidder and may then sell the Fractional Partnership Interest to the First Back-Up Bidder approved by the Court. In the event First Back-Up Bidder fails to close on the sale within the time parameters approved by the Court, the Trustee shall retain the First Back-Up Bidder's deposit and will be released from the obligation to sell the Fractional Partnership Interest to the First Back-Up Bidder and may then sell the Fractional Partnership Interest to the Second Back-Up Bidder approved by the Court.
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
5CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
The Bid Procedures will be set forth in the Notice of the Sale Motion. The Bid
Procedures will be provided to all creditors and any potential bidders or parties who
have shown an interest in the Fractional Partnership Interest. In addition, a Notice of
Sale of Estate Property will be filed with the Court for posting on the Court’s website
under the link “Current Notices of Sales”, thereby giving notice to additional potential
interested parties. Based on the foregoing, the Trustee believes that under the
circumstances of this case, the Fractional Partnership Interest will have been
appropriately marketed for overbidding.
V. ARGUMENT2
A. There is a Good Business Reason for the Sale and the Sale is in the Best
Interest of the Estate.
The duties of a trustee in a Chapter 7 filing are enumerated in 11 U.S.C. §704,
which provides in relevant part as follows:
(a) The trustee shall—
(1) collect and reduce to money the property of the estate for which such trustee serves, and close such estate as expeditiously as is compatible with the best interests of parties in interest; (2) be accountable for all property received;
. . .
Further, the Trustee, after notice and hearing, may sell property of the estate. 11
U.S.C. § 363(b). Courts ordinarily will approve a proposed sale if there is a good
business reason for the sale and the sale is in the bests interests of the estate. In re
Wilde Horse Enterprises, Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal. 1991); In re Lionel
Corp., 722 F.2d 1063, 1069 (2d Cir. 1983).
Here, the facts surrounding the sale support the Trustee’s business decision that
the proposed sale is in the best interests of the Estate and its creditors. Through the
sale, the Trustee anticipates generating funds of $75,000, or an amount as increased by
successful overbid. The Trustee understands that the general partner of the 2 Although Local Bankruptcy Rule 6004-1(c)(2)(C) does not require that a memorandum of points
and authorities be filed in support of the Sale Motion, the Trustee is nevertheless submitting one.
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
6CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
Partnership may participate in the overbid. If the Sale Motion is not approved, the value
of the Estate’s interest in the Fractional Partnership Interest may be lost. The Trustee
does not know of any benefits that may arise by delaying the sale. In such event, the
Estate will not receive any benefit from the Fractional Partnership Interest. As such,
through this Sale Motion, the Trustee will preserve a benefit for creditors which will be
lost if the Sale Motion is not granted.
B. The Court Has the Authority to Approve the Bidding Procedures
Implementation of the Bid Procedures is an action outside of the ordinary course
of the business. Bankruptcy Code Section 363(b)(1) provides that a trustee “after notice
and hearing, may use, sell or lease, other than in the ordinary course of business,
property of the estate.” 11 U.S.C. § 363(b)(1). Furthermore, under Bankruptcy Code
Section 105(a), “[t]he court may issue any order, process, or judgment that is necessary
or appropriate to carry out the provisions of this title.” 11 U.S.C. § 105(a).
The most important benefit of the Bid Procedures to the Estate is that their
implementation will enable the consummation of the proposed sale. Implementation of
the Bid Procedures is an essential component of consummating the sale of the
Fractional Partnership Interest and maximizing the value of the Fractional Partnership
Interest for the Estate and creditors. The Bid Procedures proposed by the Trustee are
fair and provide for a “level playing field” for all prospective bidders with respect to the
Fractional Partnership Interest.
Thus, pursuant to Bankruptcy Code sections 363(b)(1) and 105(a), this Court
may approve the Bid Procedures, which will assist the Trustee to obtain the best
possible price on the best possible terms for the Fractional Partnership Interest.
C. The Proposed Break-Up Fee Should be Approved
As a part of the proposed Agreement with the Buyer for the purchase of
Fractional Partnership Interest, the Buyer has required that it be paid the $2,500 Break-
Up Fee in the event that an overbid situation occurs and the Buyer is not the Successful
Bidder of the Fractional Partnership Interest.
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
7CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
1. The Break-Up Fee is Reasonable
As stated by the court in In re Financial News Network, 126 B.R. 152 (D.C.,
S.D.N.Y. 1991) at 154, “A break-up fee is an incentive payment to an unsuccessful
bidder who placed the estate property in a sales configuration mode . . . to attract other
bidders to the auction.” In addition, as stated by the District Court in In re Integrated
Resources, Inc., 147 B.R. 650, at 659-660 (D.C., S.D.N.Y. 1992). Break-up fees are important tools to encourage bidding and to maximize the value of the debtor’s assets. The usual rule is that if break-up fees encourage bidding, they are enforceable; if they stifle bidding they are not enforceable. In fact, because the directors of a corporation have a duty to encourage bidding, break-up fees can be necessary to discharge the director’s duties to maximize value. (citing CRTF Corp. v. Federated Department Stores, Inc., 683 F.Supp. 422, 441 (S.D. N.Y. 1988)).
Moreover, as stated in In re 995 Fifth Avenue Assocs., L.P., 96 B.R. 24, 29
(Bankr. S.D. N.Y. 1989): Outside bankruptcy, the business judgment rule normally applies to the board’s use of a defensive strategy, such as a break-up fee. . . In assessing the incentive effect of the break-up fee, a court should determine whether the dollar amount of the fee is so substantial that it has a chilling affect on other prospective bidders. In making this determination, the court should consider whether the proposed acquiror attracted other bidders or simply received a potential windfall. Break-up fees and other strategies may be legitimately necessary to convince a white knight to enter the bidding by providing some form of compensation for the risks it is undertaking . . . A break-up fee should constitute a fair and reasonable percentage of the proposed purchase price, and should be reasonably related to the risk, effort, and expenses of the prospective purchaser. When reasonable in relation to the bidder's efforts and to the magnitude of the transaction, break-up fees are generally permissible.
In this case, the Trustee readily acknowledges that a significant amount of time,
effort and expense will have been incurred by the Buyer in performing its due diligence
and negotiating the terms of the sale. The Break-Up Fee represents approximately
3.33% of the Purchase Price. It is designed to compensate the Buyer for the risks it is
undertaking in the transaction, including the attorneys’ fees and costs incurred by the
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
8CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
Buyer in negotiating the purchase of Fractional Partnership Interest, reviewing the
moving papers and any opposition thereto, and appearing at any hearing on this Sale
Motion. More importantly, the Break-Up Fee is only payable in the event that there is a
successful overbid.
The Court should note that the Break-Up Fee is only payable in the event that the
sale closes and the Buyer is not the Successful Bidder, thereby distinguishing these
facts from those presented in In re Hup Industries, Inc., 140 B.R. 191 (Bankr. N.D. Ohio
1992), wherein the court did not approve the break-up fee arrangement when the party
proposed to receive the break-up fee was to receive the same regardless of the
outcome of the proposed sale in the event overbidding took place. Thus, the Trustee
requests the Court approve the Break-Up Fee proposed to be paid to the Buyer in the
event the sale closes and the Buyer is not the purchaser.
D. The Court has the Authority to Waive the Fourteen-Day Stay of Sale
Federal Rule of Bankruptcy Procedure 6004(h) provides that “[a]n order
authorizing the use, sale or lease of property other than cash collateral is stayed until
the expiration of 14 days after entry of the order, unless the Court orders otherwise.”
Fed. Rule Bankr. P. 6004(h). The Trustee desires to close the sale of the Fractional
Partnership Interest as soon as practicable after entry of an order approving the sale.
Accordingly, the Trustee requests that the Court, in the discretion provided it under
Federal Rule of Bankruptcy Procedure 6004(h), waive the fourteen-day stay
requirement.
VI. CONCLUSION
WHEREFORE, based upon the foregoing, the Trustee respectfully submits that
good cause exists for granting the Sale Motion and requests that the Court enter an
order as follows:
1. Approving the Bid Procedures.
2. Approving the proposed Break-Up Fee.
///
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
9CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
3. Authorizing the Trustee to sell the Fractional Partnership Interest on an
as-is, where-as basis, without any warranties or representations, to the Buyer (or
Successful Bidder) for $75,000, or an amount as increased by successful overbid,
pursuant to the terms and conditions as set forth in the Agreement for Purchase and
Sale of Partnership Interest attached as Exhibit “1” to the Bui Declaration annexed
hereto.
4. Authorizing the Trustee to sign any and all documents convenient and
necessary in pursuit of the sale of the Fractional Partnership Interest pursuant to the
terms of the Agreement governing the sale, including but not limited to any and all
conveyances contemplated by the sale.
5. Finding that the Purchase Price constitutes fair market value for the
Fractional Partnership Interest.
6. Finding that notice of the transactions contemplated hereby and of the
terms of the Agreement was good and sufficient and was provided timely to all creditors
and parties in interest, including, without limitation, any and all creditors holding liens or
encumbrances on the Fractional Partnership Interest.
7. Making a determination that the Buyer is in good faith pursuant to
Bankruptcy Code Section 363(m).
8. Waiving the fourteen day stay of the order approving the sale under
Federal Rules of Bankruptcy Procedure 6004(h) such that the sale can close as soon as
possible after entry of the Court order approving the Sale Motion.
9. For such other and further relief as the Court deems just and proper under
the circumstances of this case. Dated: June 1, 2018 /s/ Lynda T. Bui
______________________________________ Lynda T. Bui Solely in her capacity as the Chapter 7 trustee for the bankruptcy estate of Steven Lyle Cocking
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
10CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
DECLARATION OF LYNDA T. BUI
I, Lynda T. Bui, declare:
1. I am the duly appointed, qualified and acting Chapter 7 Trustee for the
bankruptcy estate of In re Steven Lyle Cocking, Case No. 6:17-bk-17630-WJ (“Debtor”).
I have personal knowledge of the facts set forth herein, and if called and sworn as a
witness, I could and would competently testify thereto, except where matters are stated
on information and belief, in which case I am informed and believe that the facts so
stated are true and correct.
2. I make this Declaration in support of my Motion for Order: (1) Approving the
Sale of the Estate’s Interest in Cocking Partners, LP Pursuant to Bankruptcy Code §
363(b)(1), Subject to Overbids, Combined With Notice of Bidding Procedures and
Request for Approval of the Bidding Procedures Utilized; and (2) Granting Related Relief
(“Sale Motion”). Unless otherwise noted, capitalized terms herein have the meaning as
set forth in the Sale Motion.
3. In his Schedule A/B, item 19, the Debtor indicated that he has a “non-
transferrable interest” of 3.067% in Cocking Partners, LP (the “Partnership”), his
“parent’s partnership with non-guaranteed & discretionary distributions” (the “Fractional
Partnership Interest”). The Debtor further states that “due to loses [sic] there will be no
regular distributions for the next few years” and values his interest at $10,000. The
Debtor did not claim an exemption in the Fractional Partnership Interest.
4. I am not aware of any liens or encumbrances impacting the Debtor’s
interest in the Fractional Partnership Interest. My accountant has reviewed and analyzed
the Partnership Agreement, the Partnership’s tax returns and financial records for 2014,
2015 and 2016, as well as a broker’s opinion of value for each of the five properties
located in San Diego that are held by the Partnership.
5. Based on my accountant’s review, I believe that the value and/or
marketability of the Fractional Partnership Interest is greater than the amount scheduled
by the Debtor. In addition, I solicited offers from various parties. The $75,000 offer from
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
11CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
the Buyer is the highest and best offer received. In fact, the offer I received from the
general partner of the Partnership is less than half of the $75,000 offer.
6. Through the Sale Motion, subject to the Bid Procedures, I seek a Court
order to sell the Fractional Partnership Interest to the Buyer for $75,000, or an amount as
increased by successful overbid, pursuant to the terms and conditions set forth in the
Agreement for Purchase and Sale of Partnership Interest (“Agreement”) attached hereto
as Exhibit “1”.
7. The Buyer or Successful Bidder, as the case may be, shall take title to the
Fractional Partnership Interest on an “as is” basis, subject to all existing liens and
encumbrances and without warranty to the validity, value or marketability of the Estate’s
title to the Fractional Partnership Interest.
8. I have no relationship with the Buyer other than as the trustee for the
Debtor’s Estate and as buyer/seller for the transaction for the sale of the Fractional
Partnership Interest. There was no self-dealing associated with this sale.
9. The Estate does not have the funds to obtain a formal written appraisal of
the value of the Fractional Partnership Interest. Based on the Debtor’s Schedules and
information regarding the Partnership and my proposed accountant’s review of the
Partnership’s books and records, I believe (i) that the value of the Fractional Partnership
Interest is greater than the amount scheduled by the Debtor; and (ii) the employment of a
broker to market the Fractional Partnership Interest for sale is not warranted.
Accordingly, there is no broker that will be involved in the sale transaction, and no
escrow company will be utilized. It is anticipated that there will be no costs associated
with the sale other than regular administrative costs of the Debtor’s Estate.
10. I have determined that it would benefit the Estate to permit all interested
parties to receive information and bid for the Fractional Partnership Interest instead of
selling the Fractional Partnership Interest to the Buyer on an exclusive basis.
Accordingly, in order to obtain the highest and best offer for the benefit of the creditors of
this Estate, I also seek Court approval of the bid procedures (“Bid Procedures”) and the
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Sale Motion TC Cocking re Fractional Partnership Interest.docx23054-000\EXP. 56
12CHAPTER 7 TRUSTEE 3550 Vine Street
Suite 210 Riverside CA 92507
Break-Up Fee described in the Sale Motion. The Bid Procedures will be set forth in the
Notice of the Sale Motion. The Bid Procedures will be provided to all creditors and any
potential bidders or parties who have shown an interest in the Fractional Partnership
Interest. In addition, a Notice of Sale of Estate Property will be filed with the Court for
posting on the Court’s website under the link “Current Notices of Sales”, thereby giving
notice to additional potential interested parties. Based on the foregoing, the I believe
that under the circumstances of this case, the Fractional Partnership Interest will have
been appropriately marketed for overbidding.
11. I believe that the proposed sale, subject to overbids, will be at fair market
value. Given that the sale is subject to overbids, it is anticipated that the Estate will
receive the best and highest value for the Fractional Partnership Interest and therefore
the proposed sale price is fair and reasonable.
12. Although it is anticipated there will not be any capital gains tax
consequences because I am selling only the interest in the Partnership, at this time, I do
not know for certain what the capital gains taxes liability will be, if any, generated by the
sale. In the event that there is any tax liability generated from the sale of the Fractional
Partnership Interest that is a liability of the Estate, it is anticipated that such taxes will be
minimal and will be paid from the proceeds of the sale.
13. For the reasons set forth in the Sale Motion and this Declaration, I
respectfully request that the Court grant the Sale Motion so that I do not lose this
favorable business opportunity to net a substantial amount of money for the Estate.
I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Executed on June 1, 2018, at Riverside, California.
/s/ Lynda T. Bui Lynda T. Bui
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EXHIBIT “1”
Agreement for Purchase and Sale of Partnership Interest
Page 13
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EXHIBIT "1" Page 14
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EXHIBIT "1" Page 15
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EXHIBIT "1" Page 16
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EXHIBIT "1" Page 17
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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 9013-3.1.PROOF.SERVICE
PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 100 Spectrum Center Drive, Suite 600, Irvine, California 92618 A true and correct copy of the foregoing document entitled (specify): NOTICE OF SALE OF ESTATE PROPERTY will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) June 1, 2018, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:
Volvo Financial Services, a division of VFS US LLC: Megan M Adeyemo [email protected], [email protected]
Chapter 7 Trustee: Lynda T. Bui (TR) [email protected], [email protected] Volvo Financial Services, a division of VFS US LLC: Jeffrey D Cawdrey [email protected],
[email protected]; [email protected] Attorney for Ditech Financial LLC: Julian T Cotton [email protected] Volvo Financial Services, a division of VFS US LLC: Jennifer Eileen Duty [email protected],
[email protected] Notice for California Coast Credit Union: Cindy D Fields [email protected] Interested Party: Raffi Khatchadourian [email protected] Attorney for Debtor: Christopher J Langley [email protected], [email protected];
[email protected] Hitachi Capital America Corp.: Richard A Solomon [email protected] Interested Party: United States Trustee (RS) [email protected] Notice for Hyundai Motor Finance Company: Angela C Williams [email protected],
[email protected] Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: On (date) June 1, 2018, I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) June 1, 2018, I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
June 1, 2018 Erlanna Lohayza /s/ Erlanna Lohayza Date Printed Name Signature
Case 6:17-bk-17630-WJ Doc 56 Filed 06/01/18 Entered 06/01/18 13:59:00 Desc Main Document Page 24 of 30
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 9013-3.1.PROOF.SERVICE
EMAIL SERVICE LIST Buyer: Partnership Liquidity Investors IV, LLC Attn: Jerome A. Fink/Eugene Davidzon Email: [email protected] Potential Bidders: A. Yoni Miller; QuickLiquidity; Email: [email protected] David Pullman; The Pullman Group, LLC; Email: [email protected]
U.S. MAIL SERVICE LIST
Judge’s Copy: U.S. Bankruptcy Court Attn: Honorable Wayne E. Johnson 3420 Twelfth Street, Suite 385 Riverside, CA 92501 Notice for Partnership Linda L. Cocking General Partner Cocking Partners 4890 Renovo Way San Diego, CA 92124 Debtor, Creditors and Parties in Interest:
DEBTOR STEVEN LYLE COCKING 30143 DESTINY DR MURRIETA, CA 92563-6868
ACCOUNTANT FOR TRUSTEEDONALD T FIFE HAHN FIFE & COMPANY LLP 790 E COLORADO BLVD 9TH FL PASADENA, CA 91101-2193
CREDITOR LISTINGCALIFORNIA COAST CREDIT UNION POB 502080 SAN DIEGO, CA 92150-2080
CREDITOR LISTING DITECH FINANCIAL LLC 14841 DALLAS PARKWAY, SUITE 300 DALLAS, TX 75254-7883
CREDITOR LISTINGEMPLOYMENT DEVELOPMENT DEPT. BANKRUPTCY GROUP MIC 92E P.O. BOX 826880 SACRAMENTO, CA 94280-0001
CREDITOR LISTINGFRANCHISE TAX BOARD BANKRUPTCY SECTION MS: A-340 P.O. BOX 2952 SACRAMENTO, CA 95812-2952
CREDITOR LISTING HAHN FIFE & COMPANY 790 E COLORADO BLVD 9TH FL PASADENA, CA 91101-2193
CREDITOR LISTINGHITACHI CAPITAL AMERICA CORP. C/O RICHARD A. SOLOMON, ESQ. SOLOMON, GRINDLE, LIDSTAD & WINTRINGER 11682 EL CAMINO REAL, SUITE 250 SAN DIEGO, CA 92130-7705
CREDITOR LISTINGHYUNDAI MOTOR FINANCE COMPANY PO BOX 20809 FOUNTAIN VALLEY, CA 92728-0809
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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 9013-3.1.PROOF.SERVICE
CREDITOR LISTING VOLVO FINANCIAL SERVICES, A DIVISION OF VFS PO BOX 26131 7025 ALBERT PICK ROAD, SUITE 105 (27409) GREENSBORO, NC 27409-9539
CREDITOR LISTING4CHANGE ENERGY PO BOX 660361 DALLAS, TX 75266-0361
CREDITOR LISTINGADP 7000 VILLAGE DR, BUENA PARK, CA 90621-2287
CREDITOR LISTING AT ADVANTAGE, INC. 1244 N MAIN STE #203 TOOELE, UT 84074-9839
CREDITOR LISTINGAT&T 208 S. AKARD ST. DALLAS, TX 75202-4206
CREDITOR LISTINGABDIEL SOLIS 70 TIMBERSPIRE LANE SPRING, TX 77380-2843
CREDITOR LISTING ADLINE ISD PO BOX 203989 HOUSTON, TX 77216-3989
CREDITOR LISTINGAGEE BUSINESS SOLUTIONS 75 W. NUEVO RD. STE. E PMB 343 PERRIS, CA 92571-0801
CREDITOR LISTINGAIR RESOURCES BOARD 9480 TELSTAR STE 4 EL MONTE, CA 91731-2988
CREDITOR LISTING AMERICAN EXPRESS P.O. BOX 0001 LOS ANGELES, CA 90096-0001
CREDITOR LISTINGAMERICAN EXPRESS BANK, FSB C/O BECKET AND LEE LLP PO BOX 3001 MALVERN PA 19355-0701
CREDITOR LISTINGAMERICAN EXPRESS CENTURION BANK C/O BECKET AND LEE LLP PO BOX 3001 MALVERN PA 19355-0701
CREDITOR LISTING AMERICAN TRUCKING ASSOCIATIONS 950 N. GLEBE RD. STE 210 ARLINGTON, VA 22203-4181
CREDITOR LISTINGAMEX CORRESPONDENCE PO BOX 981540 EL PASO, TX 79998-1540
CREDITOR LISTINGARGONAUT INSURANCE PO BOX 469011 SAN ANTONIO, TX 78246-9011
CREDITOR LISTING ARVIND TUFFLEY 22523 SPENCE PARK CT SPRING, TX 77373-6581
CREDITOR LISTINGASCENTIUM CAPITAL LLC 23970 HIGHWAY 59 NORTH KINGWOOD, TX 77339-1535
CREDITOR LISTINGBH MANAGEMENT SERVICES 19800 KENSWICK DRIVE HUMBLE, TX 77338-2150
CREDITOR LISTING BMO HARRIS BANK NA 3925 FOUNTAINS DR NE STE 105 CEDAR RAPIDS IA 52411-6620
CREDITOR LISTINGBMO HARRIS BANK, NA P.O. BOX 365 ARLINGTON HEIGHTS, IL 60006-0365
CREDITOR LISTINGBANC OF CALIFORNIA 3 MACARTHUR PLACE STE 100 SANTA ANA, CA 92707-6068
CREDITOR LISTING BILATERAL CREDIT CORP, LLC 1980 PAWTUCKET AVE. STE 2A EAST PROVIDENCE, RI 02914-1715
CREDITOR LISTINGBLUE BEACON PO BOX 856 SALINA, KS 67402-0856
CREDITOR LISTINGBLUE BEACON INTERNATIONAL INC DBA BLUE BEACON TRUCK WASH PO BOX 856 SALINA, KS 67402-0856
CREDITOR LISTING CA BOARD OF EQUALIZATION PO BOX 942879 SACRAMENTO, CA 94279-7072
CREDITOR LISTINGCDTA 1011 CAMINO DEL RIO S., STE. 200 SAN DIEGO, CA 92108-3572
CREDITOR LISTINGCLC LODGING 8111 EAST 32ND STREET NORTH STE 300 WICHITA, KS 67226-2619
CREDITOR LISTING CALIFORNIA CHOICE BENEFIT ADMIN. 721 S. PARKER, SUITE 200 ORANGE, CA 92868-4772
CREDITOR LISTINGCANAVERAL PORT AUTHORITY 445 CHALLENGER RD # 301 CAPE CANAVERAL, FL 32920-4100
PREFERRED ADDRESSCAPITAL ONE PO BOX 30285 SALT LAKE CITY UT 84130-0285
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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 9013-3.1.PROOF.SERVICE
CREDITOR LISTING CARMAX CARE OF CASS INFORMATION SYSTEMS PO BOX 17600 SAINT LOUIS, MO 63178-7600
CREDITOR LISTINGCHERIE JIMENEZ 32255 VIA CESARIO TEMECULA, CA 92592-3832
CREDITOR LISTINGCHRIS REED 2000 HWY 507 SIMSBORO, LA 71275-3574
CREDITOR LISTING CINTAS CORPORATION PO BOX 547, DALLAS, TX 75265
CREDITOR LISTINGCOCKING PARTNERS, LP 4890 RENOVO WAY SAN DIEGO, CA 92124-2455
CREDITOR LISTINGCOLONIAL LIFE PO BOX COLUMBIA, SC 29202
CREDITOR LISTING COMDATA 5301 MARYLAND WAY BRENTWOOD, TN 37027-5028
CREDITOR LISTINGCOMPASS BANK NAJJAR DENABURG APC 2125 MORRIS AVENUE BIRMINGHAM, AL 35203-4274
CREDITOR LISTINGDH GRAPHICS 26377 JEFFERSON AVE. STE A MURRIETA, CA 92562-6976
CREDITOR LISTING DTS 1461 WAFER ROAD HAUGHTON, LA 71037-5801
CREDITOR LISTINGDALLAS LOPEZ CRUM & FORSTER PO BOX 2807 HOUSTON, TX 77252-2807
CREDITOR LISTINGDAVID SAWYER 4609 STEERE DR. SHREVEPORT, LA 71105-3227
CREDITOR LISTING DE LAGE LANDEN FINANCIAL SER. INC. PO BOX 41602 PHILADELPHIA, PA 19101-1602
CREDITOR LISTINGDEPARTMENT OF MOTOR VEHICLES PO BOX 825339 SACRAMENTO, CA 94232-5339
CREDITOR LISTINGDITECH ATTN: BANKRUPTCY PO BOX 6172 RAPID CITY, SD 57709-6172
CREDITOR LISTING EZ TAG 11411 N. SAM HOUSTON PKWY E. HUMBLE, TX 77396-5903
CREDITOR LISTINGELEMENT FINANCIAL 940 RIDGEBROOK RD. SPARKS GLENCOE, MD 21152-9390
CREDITOR LISTINGERICK WITHAM 101 SAUNDERS DR. VALLEJO, CA 94591-6743
CREDITOR LISTING FIRST INSURANCE FUNDING 450 SKOKIE BLVD STE 1000 NORTHBROOK, IL 60062-7917
CREDITOR LISTINGFLATIRON CAPITAL 1700 LINCOLN ST., 12TH FLOOR DENVER, CO 80203-4501
CREDITOR LISTINGFLORIDA HIGH SPEED INTERNET 1311 BEDFORD DRIVE MELBOURNE, FL 32940-1975
CREDITOR LISTING FLORIDA HIGHWAY PATROL PENALTY COLLECTIONS UNIT-MS24 2900 APALACHEE PARKWAY TALLAHASSEE, FL 32399-0500
CREDITOR LISTINGFORD MOTOR CO. PO BOX 309 DEARBORN, MI 48121-0309
CREDITOR LISTINGFRANCHISE TAX BOARD PIT BANKRUPTCY MS: A-340 PO BOX 2952 SACRAMENTO, CA 95812-2952
CREDITOR LISTING FRONTIER COMMUNICATIONS PO BOX 740407 CINCINNATI, OH 45274-0407
CREDITOR LISTINGGCR TIRE CENTERS TRANSWORLD SYSTEMS INC. 500 VIRGINIA DR, SUITE 514 FORT WASHINGTON, PA 19034-2707
CREDITOR LISTINGGEORGE GOST, ESQ. HEMAR, ROUSSO & HEALD LLC 15910 VENTURA BLVD. 12TH FL. ENCINO, CA 91436-2829
CREDITOR LISTING GEORGIA DEPARTMENT OF LABOR 148 ANDREW YOUNG INTERNATIONAL BLVD NE STE 752 ATLANTA, GA 30303-1751
CREDITOR LISTINGGOODMAN PROPERTIES, LLC 17032 PALMDALE ST., UNIT C HUNTINGTON BEACH, CA 92647-8450
CREDITOR LISTINGHALL TRUCK CENTER PO BOX 4905 TYLER, TX 75712-4905
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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 9013-3.1.PROOF.SERVICE
CREDITOR LISTING HARBOR AUTO TRANSPORT 3611 FARQUHAR AVE. LOS ALAMITOS, CA 90720-2004
CREDITOR LISTINGHARRIS COUNTY APPRAISAL DISTRICT 13013 NORTHWEST FWY HOUSTON, TX 77040-6305
CREDITOR LISTINGHARRIS COUNTY TRA C/O JOHN P. DILLMAN LINEBARGER GOGGAN BLAIR & SAMPSON LLP P.O. BOX 3064 HOUSTON, TX 77253-3064
CREDITOR LISTING HARRIS COUNTY TOLL ROAD AUTHORITY HCTRA-VIOLATIONS DEPT 1 PO BOX 4440 HOUSTON, TX 77210-4440
CREDITOR LISTINGHITACHI AUTOMATIVE SYSTEMS INC. 6200 GATEWAY DR. CYPRESS, CA 90630-4842
CREDITOR LISTINGHITACHI CAPITAL AMERICA CORP C/O RICHARD A S SOLOMON, GRINDLE, LIDSTAD & WINTRINGER 11682 EL CAMINO REAL, STE 250 SAN DIEGO, CA 92130-7705
CREDITOR LISTING HYUNDAI FINC ATTN: BANKRUPTCY PO BOX 20809 FOUNTAIN CITY, CA 92728-0809
CREDITOR LISTINGINTERNAL REVENUE SERVICE PO BOX 7346 PHILADELPHIA, PA 19101-7346
CREDITOR LISTINGINTERSTATE CAPITAL CORP. C/O CLANCE CREAL, JR. 1255 COUNTRY CLUB RD. SANTA TERESA, NM 88008-9707
CREDITOR LISTING INTERSTATE CAPITAL CORP. C/O EUGENE SMITH SPEARMAN 1255 COUNTRY CLUB RD. SANTA TERESA, NM 88008-9707
CREDITOR LISTINGINTERSTATE INDUSTRIES INC. 961 GRIMMETT SHREVEPORT, LA 71107-6713
CREDITOR LISTINGJ.J. KELLER PO BOX 6609 CAROL STREAM, IL 60197-6609
CREDITOR LISTING JACK KEY AUTO TRANSPORT 9779 CF HAWN FREEWAY DALLAS, TX 75217-7701
CREDITOR LISTINGJAMES KING 334 COLONY BEND DR. SHREVEPORT, LA 71115-6115
CREDITOR LISTINGJEFF HICKS 620 PINE ACRES DRIVE SHREVEPORT, LA 71107-2219
CREDITOR LISTING JEFFREY SCOTT DISKIN 21806 YUCCA TIP LANE HOUSTON, TX 77073-1629
CREDITOR LISTINGJOHN A. LANGDON 1434 E WALNUT AVE EL SEGUNDO CA 90245-2624
CREDITOR LISTINGJOHN JAJEH PARKING 8610 WYNDHAM VILLAGE DRIVE HOUSTON, TX 77040-1142
CREDITOR LISTING JOHN LANGDON 1434 E WALNUT AVE EL SEGUNDO, CA 90245-2624
CREDITOR LISTINGJOSHUA DISKIN 21806 YUCCA TIP LANE HOUSTON, TX 77073-1629
CREDITOR LISTINGJUSTIN MARTIN 6681 LUCRETIA AVE. MIRA LOMA, CA 91752-2723
CREDITOR LISTING KEN PATRICK 15175 OAKWOOD LANE CHINO HILLS, CA 91709-2630
CREDITOR LISTINGKRISTI PATLAN 44655 LA PAZ RD. TEMECULA, CA 92592-2549
CREDITOR LISTINGLABOR COMMISSIONER, STATE OF CA 464 WEST 4TH STREET, ROOM 348 SAN BERNARDINO, CA 92401-1414
CREDITOR LISTING LINE BARGER GOGGAN BLAIR & SAMPSON 4828 LOOP CENTRAL DRIVE, SUITE 500 HOUSTON, TX 77081-2212
CREDITOR LISTINGLOUISIANA DEPARTMENT OF REVENUE PO BOX 201 BATON ROUGE, LA 70821-0201
CREDITOR LISTINGMARK SKVARCA 817 LAGUNA DRIVE CORONA, CA 92879-1027
CREDITOR LISTING METROGISTICS 110 ROCK CLIFF CT SAINT LOUIS, MO 63123-1154
CREDITOR LISTINGMICHAEL DAVIS 8503 LAKELAND BLVD FORT PIERCE, FL 34951-1380
CREDITOR LISTINGMICHAEL FOLSOM 1308 OAKCREST DR. BRANDON, FL 33510-2361
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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 9013-3.1.PROOF.SERVICE
CREDITOR LISTING MILES MESSENGER 27515 LOCK HAVEN CT. TEMECULA, CA 92591-4466
CREDITOR LISTINGMULTI SERVICE FUEL CARD 8650 COLLEGE BLVD. OVERLAND PARK, KS 66210-1886
CREDITOR LISTINGNTSG - OUR SERVICE DEPARTMENT 1622 N BLACK CANYON HIGHWAY PHOENIX, AZ 85009-2917
CREDITOR LISTING NETWORKFLEET 9868 SCRANTON ROAD SAN DIEGO, CA 92121-1791
CREDITOR LISTINGNEW MEXICO TAX AND REVENUE DEPT POBOX 1928 ALBUQUERQUE, NM 87103-1928
CREDITOR LISTINGPMT SOLUTIONS 2330 130TH AVE NE SUITE C 101 BELLEVUE, WA 98005-1756
CREDITOR LISTING PAUL HERZIG 51 EAST COURT #03 MELBOURNE, FL 32904-4064
CREDITOR LISTINGPETERBILT OF SHREVEPORT 5520 INDUSTRIAL DRIVE EXT BOSSIER CITY, LA 71112-2619
CREDITOR LISTINGPREPASS 510 PARKLAND DR. SANDY, UT 84070-6419
CREDITOR LISTING PUTER WERKZ 10430 PIONEER BLVD, SANTA FE SPRINGS, CA 90670-8243
CREDITOR LISTINGRSI INSURANCE BROKERS 4000 WESTERLY PLACE #110 NEWPORT BEACH, CA 92660-2347
CREDITOR LISTINGRST SERVICE AND REPAIR 1051 HIBISCUS ST COCOA, FL 32927-8737
CREDITOR LISTING RANDAL SHELTON 1267 MARQUISE CT. ROCKLEDGE, FL 32955-4404
CREDITOR LISTINGRON CRAFT 20407 SPOONWOOD DRIVE HUMBLE, TX 77346-1799
CREDITOR LISTINGRONALD MATTHEWS 397 GIFFORD HILL RD. MINDEN, LA 71055-6835
CREDITOR LISTING RONALD RAGUSA 602 AVENIDA CURTA #109 CLERMONT, FL 34714-7091
CREDITOR LISTINGSAM TEUTSCH 1104 SAN SABA ST. BOSSIER CITY, LA 71112
CREDITOR LISTINGSANTANDER BANK N.A. 3 HUNTINGTON QUADRANGLE STE 101N MELVILLE NY 11747-4623
CREDITOR LISTING SANTANDER USA ATTN: BANKRUPTCY DEPARTMENT PO BOX 560284 DALLAS, TX 75356-0284
CREDITOR LISTINGSOUTHERN CALIFORNIA EDISION PO BOX 800 ROSEMEAD, CA 91770-0800
CREDITOR LISTINGSOUTHERN TIRE MART DEPT 143 PO BOX 1000 MEMPHIS, TN 38148-0143
CREDITOR LISTING SPARKLETTS 200 EAGLES LANDING BLVD. LAKELAND, FL 33810-3058
CREDITOR LISTINGSTACEY NICKERSON 6026 FM 2625 E MARSHALL, TX 75672-3829
CREDITOR LISTINGSTEVEN LAWRASON 2016 ALLISON AVE. SHREVEPORT, LA 71120
CREDITOR LISTING STONELEIGH ON KENSWICK 19800 KENSWICK DR. HUMBLE, TX 77338-2150
CREDITOR LISTINGSUNPASS PO BOX 880029 BOCA RATON, FL 33488-0029
CREDITOR LISTINGTEXAS MUTUAL INSURANCE COMPANY 6210 US-290 AUSTIN, TX 78723
CREDITOR LISTING TEXAS TAG PO BOX 650749 DALLAS, TX 75265-0749
CREDITOR LISTINGTEXAS WORKFORCE COMMISSION LABOR MARKET AND CAREER INFORMATION 101 E. 15TH ST., ROOM 0252.1 AUSTIN, TX 78778-0010
CREDITOR LISTINGTONY OQUINDO 3403 MOCKINGBIRD PHARR, TX 78577-7927
Case 6:17-bk-17630-WJ Doc 56 Filed 06/01/18 Entered 06/01/18 13:59:00 Desc Main Document Page 29 of 30
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 9013-3.1.PROOF.SERVICE
CREDITOR LISTING TRANSGUARD GENERAL AGENCY, INC. 7557 RAMBLER RD. DALLAS, TX 75231-4142
CREDITOR LISTINGUNION PACIFIC RAILROAD CO. 1400 DOUGLAS ST. OMAHA, NE 68179-0002
CREDITOR LISTINGUNITED ROAD 10701 MIDDLEBELT ROAD ROMULUS, MI 48174-2714
CREDITOR LISTING UNITED STATES TREASURY 1500 PENNSYLVANIA AVE., NW WASHINGTON, DC 20220-0001
CREDITOR LISTINGVERIZON PO BOX 920041 DALLAS, TX 75392-0041
CREDITOR LISTINGVOLVO FINANCIAL PO BOX 91300 MOBILE, AL 36691-1300
CREDITOR LISTING VOLVO FINANCIAL SERVICES P.O. BOX 26131, GREENSBORO, NC 27402 (336)931-4105, BANKRUPTCYGROUP@VFSC
CREDITOR LISTINGWELLS FARGO PO BOX 29704 PHOENIX, AZ 85038-9704
CREDITOR LISTINGWELLS FARGO BANK, N.A. SMALL BUSINESS LENDING DIVISION P.O. BOX 29482 PHOENIX, AZ 85038-9482
CREDITOR LISTING XFINITY / COMCAST ONE COMCAST CENTER PHILADELPHIA, PA 19103-2833
RETURNED MAIL
UNDELIVERABLE COURTESY NEF
N/A RIVERSIDE DIVISION 3420 TWELFTH STREET, RIVERSIDE, CA 92501-3819
N/A LYNDA T. BUI (TR) SHULMAN HODGES & BASTIAN LLP 3550 VINE STREET, SUITE 210 RIVERSIDE, CA 92507-4175
DUPLICATE COMDATA INC 5301 MARYLAND WAY BRENTWOOD TN 37027-5028
DUPLICATEFRANCHISE TAX BOARD BANKRUPTCY SECTION MS A340 PO BOX 2952 SACRAMENTO CA 95812-2952
DUPLICATE CALIFORNIA COAST CU ATTN: BANKRUPTCY PO BOX 502080 SAN DIEGO, CA 92150-2080
UNDELIVERABLE P. O. BOX 26131, GREENSBORO, NC 27402
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