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Full title: Order Granting Motion To Use Cash Collateral (see order for details) (BNC-PDF) (Related Doc # 287 ) Signed on 4/14/2021 (Fortier, Stacey) (Entered: 04/14/2021)

Document posted on Apr 13, 2021 in the bankruptcy, 5 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

CAL II, Stillwell, Virage, Nano, and any other alleged secured creditor of th24 Debtor and/or the Estate shall be considered a "secured creditor" as that term is used in 25 this Order and shall be entitled to the protections provided to such secured creditor; 26 27 1 Capitalized terms not defined herein shall have the meanings ascribed to them in the Motion.The Trustee, on behalf of the Estate, is authorized to use cash collateral on2 an interim basis from April 1, 2021 through and including June 30, 2021 (the "Cash 3 Collateral Period") in accordance with the Budget attached to the Motion as Exhibit "1," 4 with expenditures during the Cash Collateral Period not to exceed 115% of the aggregat5 "High" expenditures set forth in the Budget, i.e., a 15% variance; 6 9. As adequate protection for the use of cash collateral in accordance with tha, C00 es10 15 Budget, any alleged secured creditor shall receive a post-petition replacement lien for itsM5- osta 4 44 16 asserted secured claim(s) against the Debtor's assets with the same validity, priority, C71 el All rights and arguments of the Trustee, on behalf of the Estate, to 27 challenge or dispute (a) the validity, priority, scope or extent of the security interests 1 post-petition receipts and cash, or (b) that the use of cash collateral has resulted in the 2 diminution of the value of the alleged secured creditor's prepetition lien(s), are preserved3 and any alleged secured creditor's right to oppose any such request by the Trustee is 4 preserved; 5 15. The Trustee reserves the right to seek an order from the Court authorizing 20 the Trustee's further use of cash collateral upon notice of such request and any alleged 21 secured creditor reserves the right to oppose any such request; and 22 23 24 25 26 27 1 2 20.

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Document Contents

1 SMILEY WANG-EKVALL, LLP Lei Lei Wang Ekvall, State Bar No. 163047 2 lekvall@swelawfirm.com FILED & ENTERED Philip E. Strok, State Bar No. 169296 3 pstrok@swelawfirm.com Timothy W. Evanston, State Bar No. 319342 APR 14 2021 4 tevanston@swelawfirm.com 3200 Park Center Drive, Suite 250 5 Costa Mesa, California 92626 CLERK U.S. BANKRUPTCY COURT Telephone: 714 445-1000 Central District of California 6 Facsimile: 714 445-1002 BY f o r t i e r DEPUTY CLERK 7 Attorneys for Elissa D. Miller, Chapter 7 Trustee 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 LOS ANGELES DIVISION 11 In re Case No. 2:20-bk-21022-BR 2 00 12 92626 4 445-1 13 G IRARDI KEESE, C hapter 7 alifornia • Fax 71 14 Debtor. I7N TTREURSIMT EOER'SD ESRE CGORNADN TMIONGTI OCNH AFPOTRE Ra, C00 ORDER APPROVING STIPULATIONS es10 15 FOR USE OF CASH COLLATERAL AND osta M4 445- 16 ACUOTLHLAOTREIZRINALG PUUSRES OUFA CNAT STHO 11 U.S.C. C71 el § 363 AND FEDERAL RULE OF T 17 BANKRUPTCY PROCEDURE 4001(b) AND (d) 18 Date: April 6, 2021 19 Time: 2:00 p.m. Ctrm.: 1668 via ZoomGov 20 255 E. Temple Street Los Angeles, CA 90012 21 Web Address: https://cacb.zoomgov.com 22 Meeting ID: 161 446 3922 Password: 123456 23 Telephone: (669) 254-5252 (San Jose) (646) 828-7666 (New York) 24 25 26 27

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1 On April 6, 2021, at 2:00 p.m., the above-captioned Court held a hearing on the 2 Chapter 7 Trustee's Second Motion for Order Approving Stipulations for Use of Cash 3 Collateral and Authorizing Use of Cash Collateral Pursuant to 11 U.S.C. § 363 and 4 Federal Rule of Bankruptcy Procedure 4001(b) and (d) (the "Motion")1 filed by Elissa D. 5 Miller, in her capacity as Chapter 7 Trustee for the bankruptcy estate (the "Estate") of 6 Girardi Keese. Appearances were as noted on the Court's record. Having considered 7 the Motion and the pleadings, declarations, and exhibits filed in support thereof and 8 response thereto, and the statements and arguments of counsel on the record at the 9 hearing on the Motion, finding that notice and service of the Motion were proper and that10 no further notice be given, and finding good cause for the relief requested in the Motion, 11 IT IS HEREBY ORDERED that: 2 00 12 1. The Motion is GRANTED on an interim basis; 92626 4 445-1 13 2. The Response to the Motion of Joseph Ruigomez, Jaime Ruigomez, and alifornia • Fax 71 14 Kathleen Ruigomez [Docket No. 295] is overruled; a, C00 es10 15 3. The Second CAL II Stipulation attached to the Motion as Exhibit "2" is M5- osta 4 44 16 approved on an interim basis; C71 el T 17 4. The Stillwell Stipulation attached to the Motion as Exhibit "3" is approved o18 an interim basis; 19 5. The Second Virage Stipulation attached to the Motion as Exhibit "4" is 20 approved on an interim basis; 21 6. The Nano Stipulation attached to the Motion as Exhibit "5" is approved on 22 an interim basis; 23 7. CAL II, Stillwell, Virage, Nano, and any other alleged secured creditor of th24 Debtor and/or the Estate shall be considered a "secured creditor" as that term is used in 25 this Order and shall be entitled to the protections provided to such secured creditor; 26 27 1 Capitalized terms not defined herein shall have the meanings ascribed to them in the Motion.

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1 8. The Trustee, on behalf of the Estate, is authorized to use cash collateral on2 an interim basis from April 1, 2021 through and including June 30, 2021 (the "Cash 3 Collateral Period") in accordance with the Budget attached to the Motion as Exhibit "1," 4 with expenditures during the Cash Collateral Period not to exceed 115% of the aggregat5 "High" expenditures set forth in the Budget, i.e., a 15% variance; 6 9. The Trustee has utilized names for positions in the Budget and may utilize 7 different people other than the ones indicated, and may increase the hourly rate of one o8 more people included in the Budget and eliminate the use of others, however, in no even9 will the Trustee exceed the authorization as set forth in this Order; 10 10. The Trustee is authorized to pay the W-9 employees identified in the 11 Budget and such other W-9 employees as the Trustee requires to perform the services 2 00 12 contemplated in the Budget, so long as the total amount paid does not exceed the 92626 4 445-1 13 authorization as set forth in this Order; alifornia • Fax 71 14 11. As adequate protection for the use of cash collateral in accordance with tha, C00 es10 15 Budget, any alleged secured creditor shall receive a post-petition replacement lien for itsM5- osta 4 44 16 asserted secured claim(s) against the Debtor's assets with the same validity, priority, C71 el T 17 scope and extent as any lien(s) held by the alleged secured creditor as of December 18, 18 2020, the petition date, solely to the extent that the use of cash collateral results in a 19 diminution of the value of the alleged secured creditor's prepetition lien(s); 20 12. Any alleged secured creditor shall not be required to file any financing 21 statement, notice, lien, or other similar instrument in any jurisdiction, or take any other 22 action in order to perfect its replacement lien created hereunder because the 23 replacement lien is automatically perfected upon entry of this Order; 24 13. No replacement lien shall encumber or otherwise attach to any causes of 25 action under chapter 5 of the Bankruptcy Code or any proceeds of such causes of action26 14. All rights and arguments of the Trustee, on behalf of the Estate, to 27 challenge or dispute (a) the validity, priority, scope or extent of the security interests

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1 post-petition receipts and cash, or (b) that the use of cash collateral has resulted in the 2 diminution of the value of the alleged secured creditor's prepetition lien(s), are preserved3 and any alleged secured creditor's right to oppose any such request by the Trustee is 4 preserved; 5 15. Neither the Trustee nor the Estate are waiving any rights they may have 6 under Bankruptcy Code Section 506(c) and any alleged secured creditor is not waiving 7 any of its rights or arguments to contest or dispute any such rights; 8 16. Upon reasonable request by any alleged secured creditor and subject to 9 appropriate confidentiality provisions as determined by the Trustee, the Trustee will 10 provide her Form 2 Cash Receipts and Disbursements Record to the alleged secured 11 creditor; 2 00 12 17. The authorization to use cash collateral of any alleged secured creditor 92626 4 445-1 13 expires on June 30, 2021 unless extended with such alleged secured creditor's consent alifornia • Fax 71 14 or Bankruptcy Court order; a, C00 es10 15 18. The consent of CAL II, Stillwell, Virage, and Nano to the Trustee's use of M5- osta 4 44 16 cash collateral during the Cash Collateral Period shall automatically expire if the Trustee C71 el T 17 files any document or pleading challenging the validity, priority, scope or extent of CAL II18 Stillwell, Virage and Nano's asserted liens; 19 19. The Trustee reserves the right to seek an order from the Court authorizing 20 the Trustee's further use of cash collateral upon notice of such request and any alleged 21 secured creditor reserves the right to oppose any such request; and 22 23 24 25 26 27

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1 2 20. There shall be a final hearing on the Motion on April 27, 2021, at 10:00 a.m3 ### 4 5 6 7 8 9 10 11 2 00 12 92626 4 445-1 13 alifornia • Fax 71 14 a, C00 es10 15 M5- osta 4 44 16 C71 el T 17 18 19 20 21 22 23 Date: April 14, 2021 24 25 26 27

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