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Full title: Order Granting Motion To Use Cash Collateral (BNC-PDF) (Related Doc # 451 ) Signed on 7/6/2021 (Toliver, Wanda) (Entered: 07/06/2021)

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

Bankrupt11 Summary (Automatically Generated)

el T 17 Budget, CAL II and any alleged secured creditor shall receive a post-petition replacemen18 lien for its asserted secured claim(s) against the Debtor's assets with the same validity, 19 priority, scope and extent as any lien(s) held by CAL II and any alleged secured creditor 20 as of December 18, 2020, the petition date, solely to the extent that the use of cash 21 collateral results in a diminution of the value of CAL II’s and any alleged secured 22 creditor's prepetition lien(s); CAL II and any alleged secured creditor shall not be required to file any 24 financing statement, notice, lien, or other similar instrument in any jurisdiction, or take an25 other action in order to perfect its replacement lien created hereunder because the 26 replacement lien is automatically perfected upon entry of this Order (and prior orders 27 approving use of cash collateral);All rights and arguments of the Trustee, on behalf of the Estate, to 4 challenge or dispute (a) the validity, priority, scope or extent of the security interests 5 asserted by any alleged secured creditor other than CAL II including, without limitation, i6 the Debtor's post-petition receipts and cash, or (b) that the use of cash collateral has 7 resulted in the diminution of the value of CAL II’s or any alleged secured creditor's 8 prepetition lien(s), are preserved, and CAL II’s and any alleged secured creditor's rights, 9 claims, defenses, and arguments to any such request by the Trustee are preserved; 10 16.Upon reasonable request by CAL II or any alleged secured creditor and 18 subject to appropriate confidentiality provisions as determined by the Trustee, the 19 Trustee will provide her Form 2 Cash Receipts and Disbursements Record to CAL II or 20 the alleged secured creditor; 21 19. The Trustee reserves the right to seek an order from the Court authorizing 2 the Trustee's further use of cash collateral upon notice of such request and CAL II and 3 any alleged secured creditor reserve the right to oppose any such request.

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Document Contents

1 SMILEY WANG-EKVALL, LLP Philip E. Strok, State Bar No. 169296 2 pstrok@swelawfirm.com FILED & ENTERED Kyra E. Andrassy, State Bar No. 207959 3 kandrassy@swelawfirm.com Timothy W. Evanston, State Bar No. 319342 JUL 06 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 t o l i v 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. OTRRUDSETRE GER'SA TNHTIIRNDG M COHTAIPOTNE FRO 7R a, C00 ORDER APPROVING STIPULATIONS es10 15 AUTHORIZING USE OF CASH osta M4 445- 16 C§ O36L3L AATNEDR FAELD PEURRASLU RAUNLTE T OOF 1 1 U.S.C. C71 el BANKRUPTCY PROCEDURE 4001(d) T 17 Date: July 6, 2021 18 Time: 10:00 a.m. Ctrm.: 1668 via ZoomGov 19 255 E. Temple Street Los Angeles, CA 90012 20 Web Address: https://cacb.zoomgov.com 21 Meeting ID: 161 108 6882 Password: 123456 22 Telephone: (669) 254-5252 (San Jose) (646) 828-7666 (New York) 23 24 25 26 27

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1 On July 6, 2021, at 10:00 a.m., the above-captioned Court held a hearing on the 2 Chapter 7 Trustee's Third Motion for Order Approving Stipulations Authorizing Use of 3 Cash Collateral Pursuant to 11 U.S.C. § 363 and Federal Rule of Bankruptcy Procedure 4 4001(d) (the "Motion")1 filed by Elissa D. Miller, in her capacity as Chapter 7 Trustee for 5 the bankruptcy estate (the "Estate") of Girardi Keese. Appearances were as noted on th6 Court's record. Having considered the Motion and the pleadings, declarations, and 7 exhibits filed in support thereof and response thereto, and the statements and argument8 of counsel on the record at the hearing on the Motion, finding that notice and service of 9 the Motion were proper and that no further notice be given, and finding good cause for 10 the relief requested in the Motion, 11 IT IS HEREBY ORDERED that: 2 00 12 1. The Motion is GRANTED; 92626 4 445-1 13 2. The Third CAL II Stipulation attached to the Motion as Exhibit "2" is alifornia • Fax 71 14 approved; a, C00 es10 15 3. The Second Stillwell Stipulation attached to the Motion as Exhibit "3" is M5- osta 4 44 16 approved; C71 el T 17 4. The Third Virage Stipulation attached to the Motion as Exhibit "4" is 18 approved; 19 5. The Second Nano Stipulation attached to the Motion as Exhibit "5” is 20 approved; 21 6. The Ruigomez Creditors Stipulation attached to the Motion as Exhibit “7” is22 approved; 23 7. The KCC Stipulation attached to the Motion as Exhibit “6” is approved; 24 8. CAL II, Stillwell, Virage, Nano, the Ruigomez Creditors, KCC, and any othe25 alleged secured creditor of the Debtor and/or the Estate shall be considered a "secured 26 27 1 Capitalized terms not defined herein shall have the meanings ascribed to them in the Motion.

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1 creditor" as that term is used in this Order and shall be entitled to the protections 2 provided to such secured creditor; 3 9. The Trustee, on behalf of the Estate, is authorized to use cash collateral 4 from July 1, 2021 through and including September 30, 2021 (the "Cash Collateral 5 Period") in accordance with the Budget attached to the Motion as Exhibit "1," with 6 expenditures during the Cash Collateral Period not to exceed 115% of the aggregate 7 "High" expenditures set forth in the Budget, i.e., a 15% variance; 8 10. The Trustee has utilized names for positions in the Budget and may utilize 9 different people other than the ones indicated, and may increase the hourly rate of one o10 more people included in the Budget and eliminate the use of others, however, in no even11 will the Trustee exceed the authorization as set forth in this Order; 2 00 12 11. The Trustee is authorized to pay the W-9 employees identified in the 92626 4 445-1 13 Budget and such other W-9 employees as the Trustee requires to perform the services alifornia • Fax 71 14 contemplated in the Budget, so long as the total amount paid does not exceed the a, C00 es10 15 authorization as set forth in this Order; M5- osta 4 44 16 12. As adequate protection for the use of cash collateral in accordance with thC71 el T 17 Budget, CAL II and any alleged secured creditor shall receive a post-petition replacemen18 lien for its asserted secured claim(s) against the Debtor's assets with the same validity, 19 priority, scope and extent as any lien(s) held by CAL II and any alleged secured creditor 20 as of December 18, 2020, the petition date, solely to the extent that the use of cash 21 collateral results in a diminution of the value of CAL II’s and any alleged secured 22 creditor's prepetition lien(s); 23 13. CAL II and any alleged secured creditor shall not be required to file any 24 financing statement, notice, lien, or other similar instrument in any jurisdiction, or take an25 other action in order to perfect its replacement lien created hereunder because the 26 replacement lien is automatically perfected upon entry of this Order (and prior orders 27 approving use of cash collateral);

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1 14. No replacement lien shall encumber or otherwise attach to any causes of 2 action under chapter 5 of the Bankruptcy Code or any proceeds of such causes of action3 15. All rights and arguments of the Trustee, on behalf of the Estate, to 4 challenge or dispute (a) the validity, priority, scope or extent of the security interests 5 asserted by any alleged secured creditor other than CAL II including, without limitation, i6 the Debtor's post-petition receipts and cash, or (b) that the use of cash collateral has 7 resulted in the diminution of the value of CAL II’s or any alleged secured creditor's 8 prepetition lien(s), are preserved, and CAL II’s and any alleged secured creditor's rights, 9 claims, defenses, and arguments to any such request by the Trustee are preserved; 10 16. Neither the Trustee, the Estate, nor CAL II are waiving any rights they may 11 have under Bankruptcy Code Section 506(c) as provided in Section 2.6 of the Settlemen2 00 12 Agreement with CAL II, which is incorporated herein by reference 92626 4 445-1 13 17. As to any alleged secured creditor, neither the Trustee nor the Estate are alifornia • Fax 71 14 waiving any rights they may have under Bankruptcy Code Section 506(c) and any allegea, C00 es10 15 secured creditor is not waiving any of its/their rights, claims, defenses or arguments to M5- osta 4 44 16 assert, contest or dispute any such rights; C71 el T 17 18. Upon reasonable request by CAL II or any alleged secured creditor and 18 subject to appropriate confidentiality provisions as determined by the Trustee, the 19 Trustee will provide her Form 2 Cash Receipts and Disbursements Record to CAL II or 20 the alleged secured creditor; 21 19. The authorization to use cash collateral of CAL II and any alleged secured 22 creditor expires on September 30, 2021 unless extended with CAL II’s or such alleged 23 secured creditor's consent or Bankruptcy Court order; 24 20. The consent of Stillwell, Virage, Nano, the Ruigomez Creditors, and KCC t25 the Trustee's use of cash collateral during the Cash Collateral Period shall automatically 26 expire if the Trustee files any document or pleading challenging the validity, priority, 27 scope or extent of Stillwell, Virage, Nano, the Ruigomez Creditors, and Nano's asserted

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1 21. The Trustee reserves the right to seek an order from the Court authorizing 2 the Trustee's further use of cash collateral upon notice of such request and CAL II and 3 any alleged secured creditor reserve the right to oppose any such request. 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: July 6, 2021 24 25 26 27

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