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Full title: Status Report (Filed By Janet S Casciato-Northrup ). (Kitchens, Wayne)
Document posted on Nov 21, 2021 in the bankruptcy, 16 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
Prepare for and participate in hearing on KEIP motion (1.5); telephone 2.9 $1,624.00conference with lenders' counsel regarding extension of challenge period and issues relating to same (.8); draft KEIP reservation order and circulate to parties in interest following direction from Court regarding same (6)/MCM /2021 attendance at the court hearing on the cure objections and the KEIP 0.9 $558.00motion (.9)./SB /2021Work with client to finalize and obtain releases from KEIP 0.5 $275.00recipients./JM 2021 Emails from/to T. Meyers regarding budget (.2); series of emails to K. 1.1 $995.00Moynihan regarding KEIP calculation, budget and interim fee procedure CNO (.4); email revised Ankura calculation of KEIP to Committee (.1); review markup of Challenge period stipulation (.4)./JPME 2021 review updated KEIP calculation (.3); emails with M. western regarding 0.5 $452.50same (.2)./JPME 2021 email correspondence with various parties regarding KEIP calculations 0.9 $504.00and telephone conference with Ankura regarding same (.5); prepare notice regarding KEIP calculation exhibit for filing with bankruptcy court (.4)./MCM /2021Review show cause order regarding Ankura alleged 0.3 $142.50 HMConfer with Trustee regarding open issues including TSA 9/9/2021 reconcilation and possible claims agaisnt Ankura per Judge 0.3 $142.50 HMTelephone conference with lenders regarding open issues 9/9/2021 including TSA reconciliation, Ankura fee issue per Judge Isgur.0.2 $115.00 WK Emails to and from L. Krucks regarding Oswego lease assignment and issues with same and change relevant 9/30/2021 documents to conform. 0.5 $287.50 WK Telephone conference with Ankura counsel regarding next 10/4/2021 steps as to pending fee application to employ and $114K. 0.4 $190.00 HMFollow up call regarding Ankura problems with Smith and 10/4/2021 Strubeck.Listen to multiple hearing on the transportation motion, show cuase motion and KEIP hearing; review numerous 10/27/2021 pleadings all regarding Ankura starus report.
List of Tables
Document ContentsIN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § Chapter 7 § Country Fresh Holding § Case No. 21-30574 Company, Inc. et al 1 § Debtors § Jointly Administered TRUSTEE’S STATUS REPORT TO THE COURT REGARDING ANKURA CONSULTING GROUP TO THE HONORABLE MARVIN ISGUR, UNITED STATES BANKRUPTCY JUDGE: COMES NOW, Janet S, Northrup, Chapter 7 Trustee of the estates of Country Fresh Holdings, Inc. et al, (“Trustee”), through counsel, and files this Status Report Regarding Ankura Consulting Group (“Ankura”), and shows: 1. The Court held a hearing on September 8, 2021, regarding, inter alia, the Trustee’s Application to Employ Ankura Consulting Group LLC as Special Consultant. See Docket Nos. 799 and 939. 2. During its ruling on September 8, 2021, the Court expressed several concerns and reservations regarding the Trustee’s application to employ Ankura. References herein are taken from the Court’s oral ruling found at Docket No. 940, and the time during the oral ruling when the comments by the Court were made. The Court stated, on the record (hereinafter, the “Record”), as follows: 1 The Debtors in these Chapter 7 cases and the last four digits of each Debtors’ taxpayer identification number are as follows: Country Fresh Holding Company Inc. (7822); Country Fresh Midco Corp. (0702); Country Fresh Acquisition Corp. (5936); Country Fresh Holdings, LLC (7551); Country Fresh LLC (1258); Country Fresh Dallas, LLC (7237); Country Fresh Carolina, LLC (8026); Country Fresh Midwest, LLC (0065); Country Fresh Orlando, LLC (7876); Country Fresh Transportation LLC (8244) CF Products, LLC (8404) Country Fresh Manufacturing, LLC (7839); Champlain Valley Specialty of New York, Inc. (9030); Country Fresh Pennsylvania, LLC (7969); Sun Rich Fresh Foods (NV) Inc. (5526); Sun Rich Fresh Foods (USA) Inc. (0429); and Sun Rich Fresh Foods (PA) Inc. (4661).
1a. “I actually have a fairly substantial problem on where we’re going on the Ankura matter.” Record at 39:42. b. “So, I have what is probably best described initially as a disclosure issue with respect to the retention of Ankura by the Trustee.” Record at 40:47. c. “At one point during the case, we found that Ankura had violated a court order with respect to the PACA claims.” Record at 41:11 d. “At another point in the case, we found that Mr. Marotta’s testimony regarding the KEIP and the arrangement of the KEIP was less than credible.” Record at 41:24. e. “I don’t really see how the Trustee’s decision to retain him [Marotta] gets made and where parties have a chance to object to that without that disclosure having been in the Application.” Record at 41:37. f. “It also raises the question in my mind of how much the estate either lost directly in cash or more likely lost because those events drove up the litigation costs in the case, and if the Trustee has a claim against Ankura for that then I don’t see how we take up the retention because he’s [Marotta] not disinterested at all, nor do I see how we approve fees under 5th Circuit law where it says you waive all the claims.” Record at 41:52. g. “Since the disclosure wasn’t made in the first instance, it seems very hard for me to say that the Trustee can then retain them [Ankura] to do post-conversion work…If it was an actual disclosure problem, I want her [Trustee] to have an opportunity to consider whether this is something she wants to pursue or not.” Record at 42:42. h. “It’s a major event in the case for me when my PACA order wasn’t followed. And of course, we wrote a memorandum opinion about the KEIP, and we identified these problems with the credibility of Mr. Marotta.” Record at 43:14. i. “I need to be sure that they’re [Ankura] disinterested or else the business judgment rule can’t overcome an absence of disinterestedness. I need to give you [Trustee] a chance to read my show cause order and to listen to the hearing.” Record at 45:30. 3. In response to the Court’s concerns set forth in the Record, the Trustee and her counsel carefully reviewed, read, and/or listened to the following: a. Docket No. 12. Emergency Motion for Entry of an Order Authorizing the Debtors to Pay or Honor Certain Prepetition Shipping Charges. Note: The Trustee believes this is what the Court referred to several times in the September 8, 2021, hearing as the “PACA” motion. b. Docket No. 95. Order Granting Emergency Motion for Entry of an Order Authorizing the Debtors to Pay or Honor Certain Prepetition Shipping Charges Note: The Trustee believes this is what the Court referred to several times in the September 8, 2021, hearing as the “PACA” order and which the Court expressed concerns regarding Ankura’s compliance.
2c. Docket No. 549. Emergency Motion for Entry of Order Enforcing the Protections of Sections 362, 365, 525, and 541(c) of the Bankruptcy Code Pursuant to Section 105 of the Bankruptcy Code. d. Docket No. 552. Order to Show Cause. e. Docket No, 564. Audio recording of the Court’s hearing and ruling on Docket Nos. 549 and 552. f. Docket No 571. Order Enforcing the Protections of Sections 362, 365, 525, and 541(c) of the Bankruptcy Code Pursuant to Section 105 of the Bankruptcy Code. g. Docket No. 275. Emergency Motion for Entry of an Order (A) Authorizing and Approving the Debtor's Key Employee Incentive Plan and (B) Granting Related Relief. h. Docket No 520. Audio recording of the Court’s hearing regarding Docket No 275. i. Docket No, 771. Memorandum Opinion related to Docket Nos. 275 and 520. 4. In response to the Court’s concerns regarding how much cash the bankruptcy estates lost directly or through increased litigation costs caused by Ankura’s actions regarding the KEIP and PACA/show cause issues, the Trustee and her counsel conducted a thorough investigation and review of the relevant fees charged by Debtor’s counsel, the unsecured creditors committee’s counsel, Ankura itself, and the Trustee’s counsel. A chart showing the amounts the Trustee believes are directly attributable to the Court’s concerns is attached hereto as Exhibit A. 5. In addition, the Trustee and her counsel have had extensive discussions and negotiations with Ankura’s outside legal counsel, Mr. Strubeck at the O’Melveny & Myers LLP firm and Mr. Marotta regarding possible resolution of the issues raised by the Court, which as of the date of the filing of this Report are still ongoing. At all times, Ankura (through Mr. Marotta) and its counsel have fully cooperated with the Trustee in this investigation. 6. The Trustee takes the Court’s concerns regarding lack of disclosure, possible causes of action, and potential damages to the bankruptcy estates extremely seriously, and is confident that Ankura does as well. It was never the Trustee’s intent to minimize or obfuscate these issues in her application to retain Ankura.
37. In response to the Court’s concerns, the Trustee will be filing a supplemental objection to Ankura’s final fee application. In such supplemental objection, the Trustee will reiterate the review described above, and ask for a reduction in Ankura’s fees equal to the total of the fees and costs described on Exhibit A attached hereto. If Ankura agrees to such a reduction, or if the Court ultimately orders it, the Trustee believes that the bankruptcy estates will have been adequately compensated in connection with the issues noted by the Court. 8. Inasmuch as a reserve or escrow fund has been established and funded to pay the fees of case professionals as part of the Carve-Out as defined in the Final DIP Order [Docket No. 335], and is therefore no longer part of the Lender’s collateral, the Trustee will request that any reduction in Ankura’s fees be paid over to or retained by the Trustee as unencumbered property of the bankruptcy estates to be distributed by the Trustee pursuant to the Bankruptcy Code. The Trustee anticipates these may be the only funds available to pay administrative claims in this case. 9. The Trustee has not made a final decision as to whether she will either amend the application to employ Ankura for post-conversion work or withdraw the application entirely. If she does decide to proceed with the application to employ Ankura, she intends to file supplemental disclosures, and will include all of the disclosures that the Court addressed in its rulings. The Trustee files this status report to advise the Court of the results of her investigation per this Court’s directives from the September 8, 2021 hearing. The Trustee will continue
4to fulfill her statutory and fiduciary duties and responsibilities per the Bankruptcy Code and this Court’s orders. DATED: November 22, 2021. Respectfully submitted, /s/ Wayne Kitchens Wayne Kitchens TBN 11541110 firstname.lastname@example.org Heather McIntyre TBN 24041076 email@example.com HUGHESWATTERSASKANASE, LLP Total Plaza 1201 Louisiana, 28th Floor Houston, Texas 77002 Telephone: (713) 759-0818 Facsimile: (713) 759-6834 ATTORNEYS FOR JANET S. NORTHRUP, CHAPTER 7 TRUSTEE
5Firm KEIP Transport Order Sub-Total Foley Lardner (Dr counsel) $22,342.50 $8,678.50 $31,021.00 KT (UCC counsel) $18,490.00 $7,714.00 $26,204.00 Ankura (Dr CRO) $6,001.00 $6,001.00 HWA (Te counsel) investigation* $19,892.50 Total cost to the estate $83,118.50 *HWA fees associated with this investigation will be sought in forthcoming fee application
6UCC Counsel Time - KEIP Date Kilpatrick Townsend Entry for KEIP/Attorney Time Amount4/12/2021 Telephone conference with H. Duran regarding 2.9 $3,596.00status (.2); prepare for hearing (1.0); KEIP hearing (1.1); telephone conference with H. Duran regarding same (.2); exchanges with P. Rosenblatt regarding hearing (.1); exchanges regarding hearing transcript (.1); exchanges with debtor regarding order and review same (.2)./TCM 4/12/2021 Attend KEIP hearing (1.1); review and revise KEIP 1.4 $1,477.00escrow form of order (.2); emails regarding same (.1)./PMR 4/12/2021 Draft email to Committee regarding KEIP hearing 0.3 $177.00(.2); correspondence from Committee members and S. Hammond regarding budgets (.1)./KM 4/13/2021 Review KEIP reservation order./KM 0.1 $59.00 4/19/2021 Email J. Melko regarding fill rate./TCM 0.1 $124.004/19/2021 Email from T. Meyers regarding fill rate in 0.1 $59.00connection with KEIP./KM 4/23/2021 Review PricewaterhouseCoopers email regarding fill 0.1 $124.00rate./TCM 4/23/2021 Email from S. Hammond regarding fill rate in 0.1 $59.00connection with KEIP./KM 4/26/2021 Emails regarding unresolved motion to seal KEIP 0.2 $211.00objection./PMR 4/28/2021 Telephone conference with J. Duran regarding KEIP 0.3 $372.00status (.2); exchanges with K. Moynihan regarding same (.1)./TCM 4/30/2021 Review Debtors' motion to enforce stay (.2); email 0.4 $236.00to J. Melko regarding KEIP and interim comp (.1); correspondence with T. Meyers regarding same (.1)/KM 4/30/2021 Exchanges with PricewaterhouseCoopers regarding 0.1 $124.00fill rate./TCM 5/7/2021 Email regarding fill rate calculations/TCM 0.1 $124.005/7/2021 Email to J. Melko regarding KEIP exhibit./TCM 0.1 $59.005/8/2021 Exchanges regarding KEIP calculations with 0.1 $248.00PricewaterhouseCoopers./TCM 5/8/2021 Analyze Debtors' revised KEIP calculation./PMR 0.2 $211.00
7UCC Counsel Time - KEIP 5/10/2021 Email exchanges with J. Melko regarding fill rate 0.2 $248.00calcuation./TCM 5/10/2021 Emails regarding KEIP calculation/PMR 0.2 $211.00 5/12/2021 Various exchanges with J. Melko and U.S. Trustee 0.4 $496.00regarding fill rate./TCM 5/12/2021 Correspondence from T. Meyers and P. Rosenblatt 0.5 $295.00regarding KEIP calculations (.2); review KEIP motion regarding same (.1); correspondence from J. Melko, M. Moore and H. Duran regarding KEIP exhibit (.2)./KM 5/12/2021 Telephone discussion with UST regarding KEIP 0.3 $316.50exhibit (.2); email debtors counsel regarding objection to KEIP exhibit (.1)./PMR 5/17/2021 Various exchanges regarding KEIP supplement (.3); 0.6 $744.00exchanges with J. Melko regarding fill rate issue (.1); review exhibit regarding same and notice of filing (.2)./TCM 5/17/2021 Correspondence from T. Meyers and P. Rosenblatt 2.1 $1,239.00regarding KEIP exhibit (.1); correspondence with T. Meyers and P. Rosenblatt regarding KEIP supplemental objection (.6); review hearing audios regarding same (.9); call with J. Risener regarding same (.2); correspondence with J. Risener regarding same (.2); call with P. Rosenblatt regarding same (.1)./KM 5/17/2021 Draft post-hearing objection to KEIP (1.8); research 2.5 $2,637.50legislative history regarding same (.5); emails regarding same (.2)./PMR 5/18/2021 Revise and edit KEIP supplement./TCM 0.9 $1,116.005/18/2021 Correspondence from T. Meyers and P. Rosenblatt 0.2 $118.00regarding KEIP supplemental objection./KM 5/18/2021 Revise supplemental KEIP objection (.8); emails 0.9 $949.50regarding same (.1)./PMR 5/19/2021 Prepare and file objection./SG 0.5 $167.50 5/19/2021 Exchanges with P. Rosenblatt and revise and edit 0.8 $992.00KEIP objection./TCM 5/19/2021 Correspondence from T. Meyers and P. Rosenblatt 0.2 $118.00regarding KEIP objection (.1); revise same (.1)./KM
8UCC Counsel Time - KEIP 5/19/2021 Revise and finalize supplemental objection 0.8 $844.00regarding KEIP (.6); emails regarding same (.2)./PMR 5/19/2021 Email to Committee regarding 5/18 hearing and 0.2 $118.00KEIP Objection 3/25/3021 Review U.S. Trustee KEIP objection (.2); exchanges 0.5 $620.00with P. Rosenblatt regarding same (.1); review PACA KEIP objection (.1); review U.S. Trustee objection to seal motion (.1)./TCM Total 18.4 $18,490.00
9Exhibit "A" UCC Counsel Time - Trasnport Order Date Kilpatrick Townsend Entry for Time Amount Transport Order/Show Cause/Attorney 5/3/2021 Review exhibit lists (.2); review Epiq invoice 0.9 $1,116.00and exchanges with K. Moynihan regarding same (.1); review emergency motion filed by debtors (.2); conference with P. Rosenblatt regarding hearing (.1); 5/3/2021 Review debtor's injunction request (.6); review 3.4 $3,587.00shipper's opposition to injunction request (.8); attend go-to-meeting bankruptcy court hearing 5/5/2021 Exchanges with P. Rosenblatt regarding 0.3 $372.00hearing and review carrier order (.2); exchanges with K. Moynihan regarding same 5/5/2021 Attend hearing./JRR 0.5 $187.50 5/5/2021 Attend continued hearing on Shipper/Carrier 0.7 $738.50injunction hearing (.5); emails regarding same Totals 5.8 $6,001.00
10Ankura Time - Transport Order Date Time Entry Hours Amount 4/30/2021 Court Hearings - Filings and Litigation 1.4 $1,617.004/30/2021 Court Hearings - Filings and Litigation 1.4 $1,323.005/3/2021 Court Hearings - Filings and Litigation 1.2 $1,386.005/3/2021 Court Hearings - Filings and Litigation 1.2 $1,188.005/5/2021 Court Hearings - Filings and Litigation 0.6 $693.005/5/2021 Court Hearings - Filings and Litigation 0.4 $396.00Total 6.2 $6,603.00
11Foley Lardner Time - KEIP Foley Lardner Entry for KEIP/Attorney Time Amount /2021 Prepare outline of closing argument for KEIP including record 1.3 $1,176.50references (1.3);/JPME /2021 Prepare for and participate in hearing on KEIP motion (1.5); telephone 2.9 $1,624.00conference with lenders' counsel regarding extension of challenge period and issues relating to same (.8); draft KEIP reservation order and circulate to parties in interest following direction from Court regarding same (6)/MCM /2021 attendance at the court hearing on the cure objections and the KEIP 0.9 $558.00motion (.9)./SB /2021 Emails with J. Weber regarding KEIP discussion and allocation issue 0.3 $271.50(.3)/JPME /2021 Work with client to finalize and obtain releases from KEIP 0.5 $275.00recipients./JM 2021 Emails from/to T. Meyers regarding budget (.2); series of emails to K. 1.1 $995.00Moynihan regarding KEIP calculation, budget and interim fee procedure CNO (.4); email revised Ankura calculation of KEIP to Committee (.1); review markup of Challenge period stipulation (.4)./JPME 2021 review updated KEIP calculation (.3); emails with M. western regarding 0.5 $452.50same (.2)./JPME 2021 email correspondence with various parties regarding KEIP calculations 0.9 $504.00and telephone conference with Ankura regarding same (.5); prepare notice regarding KEIP calculation exhibit for filing with bankruptcy court (.4)./MCM /2021 Email from/to Committee counsel regarding KEIP schedule (.2); email 0.3 $271.50to S. Marotta regarding Committee request (.1)./JPME /2021 work on issues in connection with KEIP exhibit requested by Court and 0.8 $448.00objections by UCC and UST to same (.8)./MCM /2021 Email to S. Beausoleil and M. Moore regarding KEIP updated 0.2 $181.00calculation./JPME /2021 work on KEIP exhibit issues prior to submission of same to bankruptcy 0.4 $224.00court (.4)/MCM /2021 Conference call with client parties and Foley team regarding hearing 1.4 $784.00preparation (.8); finalize and file notice of KEIP exhibit (.6)./MCM/2021 Emails with M. Moore regarding filing of updated KEIP exhibit (.2); 0.4 $362.00several emails from/to Committee counsel regarding same (.2)./JPME2021 Emails from/to W. Andersen regarding status of ruling on KEIP 0.3 $271.50(3)/JPME /2021 Email correspondence and analysis of issues relating to outstanding 0.5 $280.00KEIP matter./MCM ls 12.7 $8,678.50
12Foley Lardner Time - Transport Order Date Foley Lardner Entry for Transport Order/Show Time AmountCause/Attorney 4/29/2021 File Stipulation and Agreed Order (.2); revise 1.1 $258.50proposed order for automatic stay/protections motion (.2); email correspondence with Foley team regarding filing of emergency motion (.5); file Notice 4/29/2021 Analysis of Emergency Motion for Entry of Order 0.6 $177.00Enforcing the Protections of Sections 362, 365, 525, and 541(c) of the Bankruptcy Code for downloading, printing and organizing the cases cited for 4/30/2021 Continued calls with C. Hendricks (.4); review show 0.9 $814.50cause order and critical vendor order (.5)./JPME 4/30/2021 Finalize and coordinate filing of motion to enforce 1.8 $1,008.00(1.0); review show-cause order and confer with Foley team regarding same and preparation for hearing 5/1/2021 Review critical vendor order (.3); send relevant 1.4 $1,267.00portion to T. Murray (.1); conference call with T. Murray and M. Moore regarding motion to enforce 5/1/2021 Email and telephone correspondence with Foley 1.7 $952.00team regarding show-cause hearing and related issues (1.0); work on strategy in connection with 5/1/2021 Prepare for hearing on emergency motion./TAM 2.7 $2,187.005/2/2021 Emails from/to T. Murray regarding Silchuk claim (.2); 2.2 $1,991.00conference call with J. Goodwin to prepare for hearing (.7); conference call with S. Marotta, A. Dalsass and L. Fletcher to prepare S. Marotta for hearing on show cause orders regarding Stilchuk (.6); email E. Song and D. Adlerstein regarding APA/TSA (.3); review emails from D. Adlerstein and E. 5/2/2021 Prepare for hearing on emergency motion./TAM 5.7 $4,617.005/3/2021 Email correspondence with Foley team in preparation 4.7 $2,632.00for showcause hearing (.4); draft motion to seal exhibit in connection with same hearing in order to protect documents relating to key suppliers (.7); review and analyze response prior to hearing (.5); prepare for and participate in hearing on show-cause order from Court (2.0); follow-up email and telephone correspondence regarding same (.6); 5/4/2021 review email correspondence and outline in 0.7 $392.00connection with closing on show-cause order for Wednesday (.7)./MCM
13Foley Lardner Time - Transport Order 5/4/2021 Prepare for closing in emergency motion hearing 7.2 $5,835.00(3.9); calls with respondent and buyer regarding resolution (.8); prepare closing argument (2.5);/TAM 5/5/2021 Email correspondence with T. Murray regarding 1.3 $305.50proposed order to be uploaded regarding Debtors' protections motion (.2); file proposed order regarding Debtors' protections motion (.2); correspondence with T. Murray and J. Melko regarding same (.5); file proposed agreed order regarding protections motion and email same to Judge Isgur's case manager (.2); follow up email to Judge Isgur's case manager regarding incorrect order entered (.2)./JCH Totals 32 $22,436.50
14Date Time Entry Hours Amount 9/8/2021 Attend Foley and Ankura hearings and follow up with H. 1.2 $690.00 WKEmails to and from J. Weber and J. Melco regarding show 9/8/2021 cause order and harm to the Estate; telephone conference 0.5 $287.50 WKReview docket nos. 552 and 549 in order to comply with the 9/8/2021 Court's instructions; discuss same with H. McIntyre and 1.2 $690.00 WKExtended telephone conference with J. Melko regarding 9/8/2021 ankura issues and next steps regarding the Court's directives. 0.4 $230.00 WKPrepare for and attend hearing on Foley fee application 9/8/2021 Ankura fee application and application to employ Ankura. 1.4 $665.00 HM9/8/2021 Confer with Trustee regarding hearing as to Ankura issues 0.4 $190.00 HMConference call with Weber, Myers, Hotz, H. McIntyre and 9/9/2021 Trustee regarding Ankura, Foley and cash collateral issues. 0.5 $287.50 WKReview Ankura application to employ and also their fee 9/9/2021 application and order in accordance with the Court's 0.7 $402.50 WK9/9/2021 Review show cause order regarding Ankura alleged 0.3 $142.50 HMConfer with Trustee regarding open issues including TSA 9/9/2021 reconcilation and possible claims agaisnt Ankura per Judge 0.3 $142.50 HMTelephone conference with lenders regarding open issues 9/9/2021 including TSA reconciliation, Ankura fee issue per Judge Isgur. 0.7 $332.50 HM9/10/2021 Exchange emails with Ankura regarding meeting. 0.1 $47.50 HM9/10/2021 Emails to and from L. Strubeck regarding Ankura matters. 0.3 $172.50 WKEmails to and from A. Dalsass regarding Court's directive and 9/10/2021 Trustee's investigation into certain actions by Ankura. 0.3 $172.50 WK9/10/2021 Continue review of Ankura hearings and orders to fulfill 1.6 $920.00 WK9/13/2021 Telephone conference with Ankura regarding Isgur directive. 0.4 $190.00 HM9/13/2021 Confer with Trustee regarding approach to Ankura issue 0.2 $95.00 HMTelephone conference with L. Strubeck regarding issues 9/13/2021 relating to Ankura and possible solutions. 0.5 $287.50 WKConference call with Trustee, H. McIntyre, L. Strubeck and L. 9/13/2021 Smith regarding their representation of Ankura, the Court's 0.5 $287.50 WKReview Court's concerns regarding Ankura employment and 9/16/2021 fee application. Per Court's instruction, listen to show cause 0.7 $332.50 HMMeeting with Trustee and H. McIntyre regarding Ankura 9/16/2021 application and the Court's issues with same and how to 0.8 $460.00 WKEmails to and from L. Krucks regarding Ankura issues; 9/23/2021 telephone conference with Strubeck regarding same. 0.3 $172.50 WK9/24/2021 Telephone conference with L. Strubeck regarding Ankura 0.3 $172.50 WKEmails to and from L. Smith and L. Strubeck regarding Ankura 9/29/2021 call and issues. 0.3 $172.50 WK Emails and telephone conferences with L. Smith regarding 9/29/2021 Ankura issues. 0.2 $115.00 WK Emails to and from L. Krucks regarding Oswego lease assignment and issues with same and change relevant 9/30/2021 documents to conform. 0.5 $287.50 WK
15Telephone conference with Ankura counsel regarding next 10/4/2021 steps as to pending fee application to employ and $114K. 0.4 $190.00 HMFollow up call regarding Ankura problems with Smith and 10/4/2021 Strubeck. 0.5 $287.50 WK 10/5/2021 Emails to and from L. Krucks regarding Ankura issues. 0.3 $172.50 WKTelephone conference with W. Kitchenss regarding notice to 10/25/2021 Court regarding Ankura investigaion. 0.2 $95.00 HMContinue work on Ankura status report including audio 10/25/2021 hearing review and notations on same. 2.8 $1,610.00 WKConference call with H. McIntyre and Trustee regarding 10/25/2021 Ankura issues. 0.4 $230.00 WK Consider possible 549 cause of action against Ankura and transporatation vendor regarding Court's directive into 10/26/2021 claims against Ankura. 0.5 $237.50 HM Continue work on Ankura status report including audio 10/26/2021 hearing review and notations on same. 1.5 $862.50 WK10/27/2021 Confer with Trustee regarding Ankura issue. 0.6 $285.00 HMWork on calculating professional fees associated with 10/27/2021 transportation vendor order and KEIP order. 0.2 $95.00 HMConference call with Trustee and H. McIntyre regarding 10/27/2021 Ankura issues. 0.6 $345.00 WK Listen to multiple hearing on the transportation motion, show cuase motion and KEIP hearing; review numerous 10/27/2021 pleadings all regarding Ankura starus report. 4.2 $2,415.00 WKEmail to and from L. Strubeck and L. Smith regarding Ankura 10/27/2021 status report. 0.2 $115.00 WK Review of billing records and preparation of spreadsheet 10/28/2021 regarding the same. 5.7 $2,223.00 CA Review HWA time for fees spent on Ankura issues and 10/28/2021 9/8/21 hearing directives. 0.3 $142.50 HM Emails to and from L. Strubeck regarding Ankura issues and 10/28/2021 meeting to resolve same. 0.2 $115.00 WK Continue work on Ankura status report; discuss same with H. 10/28/2021 McIntyre and Trustee. 1.1 $632.50 WK Review of billing records and preparation of spreadsheet regarding the same related to supplemental objection to 10/29/2021 Ankura fees. 2.3 $897.00 CA 10/29/2021 Confer with Trustee on open issues including Ankura. 0.2 $95.00 HMWork in professional time spent on violation of Isgure order 10/29/2021 and KEIP issue per Court's instruction. 1.9 $902.50 HMTotal 38.7 $19,892.50