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2025-01-23 DIP Financing - Benjamin Carson Reimburs (Doc 333)Case 24 -11647 -MFW Doc 333 Filed 01/23/25 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SilverRock Development Company, et al., Debtors.' Chapter 11 Case No. 24-11647 (MFW) (Jointly Administered) Objection Deadline: February 13, 2025 SUMMARY OF FOURTH MONTHLY APPLICATION OF LAW OFFICES OF BENJAMIN M. CARSON, P.C, AS CO -COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED FOR THE PERIOD FROM NOVEMBER 1, 2024, THROUGH NOVEMBER 30, 2024 Name of Applicant: The Law Offices of Benjamin M. Carson, P.0 Authorized to Provide Professional Services to: Debtors and Debtors in Possession Date of Retention: Period for which compensation and reimbursement is sought: Amount of compensation sought as actual, reasonable and necessary: August 5, 2024 (order entered September 13, 2024) November 1, 2024 through November 30, 2024 $73,670.00 Amount of expense reimbursement sought as actual, reasonable and necessary: N/A 'The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are:. SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996), SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC, (4493), SilverRock Luxury Residences, LLC (6598) and SilverRock Phase 1, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. 1 Case 24 -11647 -MFW Doc 333 Filed 01/23/25 Page 3 of 8 COMPENSATION BY INDIVIDUAL Name of Professional Person Position of the Applicant, Number of Years in that Position, Prior Relevant Experience, Year of Obtaining License to Practice, Area of Expertise Hourly Billing Rate ($) Total Billed Hours Total Compensation ($) Benjamin M. Carson Attorney, licensed to practice since 2012, with expertise in commercial bankruptcy and restructuring. $375.00 98.00h $36,750.00 Victor A. Vilaplana Senior Counsel, licensed to practice since 1973, with expertise in commercial bankruptcy and restructuring. $650.00 56.80h $36,920.00 3 Case 24 -11647 -MFW Doc 333 Filed 01/23/25 Page 5 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SilverRock Development Company, LLC et al., Debtors.2 Chapter 11 Case No. 24-11647 (MFW) (Jointly Administered) Objection Deadline: February 13, 2025 FOURTH MONTHLY APPLICATION OF LAW OFFICES OF BENJAMIN M. CARSON, P.C., AS CO -COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED FOR THE PERIOD FROM NOVEMBER 1 THROUGH NOVEMBER 30, 2024 Pursuant to sections 330 and 331 of title 11 of the United States Code, 11 U.S.C. §§ 101 et seq. (the "Bankruptcy Code"), and rule 2016 of the Federal Rules of Bankruptcy Procedure, and in accordance with that certain Order Authorizing the Retention and Employment of Law Offices of Benjamin M Carson, P.C. as Bankruptcy Co -Counsel for the Debtors, Nunc Pro Tunc to the Petition Date [Docket No. 102] (the "Retention Order") and that certain Order, Pursuant to Sections 105(a) and 331 of the Bankruptcy Code, Bankruptcy Rule 2016(a), and Local Rule 2016- 2, Establishing Procedures for Interim Compensation and Reimbursement of Professionals [Docket No. 108] (the "Interim Compensation Order"), the law firm of Law Offices of Benjamin M. Carson, P.C. ("Firm") hereby applies (this "Application") to the United States Bankruptcy Court for the District of Delaware (the "Court") for reasonable compensation for professional legal services rendered as counsel to the above -captioned debtors and debtors in possession (together, 2The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, as applicable, are: SilverRock Development Company, LLC (5730), RGC PA 789, LLC (5996), SilverRock Lifestyle Residences, LLC (0721), SilverRock Lodging, LLC, (4493), SilverRock Luxury Residences, LLC (6598) and SilverRock Phase 1, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. 5 Case 24 -11647 -MFW Doc 333 Filed 01/23/25 Page 7 of 8 7. Attorneys Carson and Vilaplana have collectively expended a total of 154.8 hours in connection with this matter during the Monthly Fee Period. 8. The amount of time spent by Carson and Vilaplana, respectively, is fully set forth in the detail attached hereto as Exhibit A. These are Carson and Vilaplana's normal hourly rates of compensation for work of this character. The reasonable value of the services rendered by Carson and Vilaplana for the Monthly Fee Period as counsel for the Debtors in these cases is $73,670.00. 9. Firm believes that the time entries included in Exhibit A attached hereto is in compliance with the requirements of Local Rule 2016-2. 10. In accordance with the factors enumerated in section 330 of the Bankruptcy Code, the amount requested is fair and reasonable given (a) the complexity of these chapter 11 cases, (b) the time expended, (c) the nature and extent of the services rendered, (d) the value of such services, and (e) the costs of comparable services other than in a case under chapter 11 of the Bankruptcy Code. 11. This Application covers the fee period from November 1, 2024, through and including November 30, 2024. Finn has continued, and will continue, to perform additional necessary services for the Debtors subsequent to the Monthly Fee Period, for which Firm will file subsequent monthly fee applications. [Remainder of page intentionally left blank] 7 Case 24 -11647 -MFW Doc 333-1 Filed 01/23/25 Page 1 of 1 VERIFICATION I, Benjamin M. Carson, declare, pursuant to 28 U.S.C. § 1746, under penalty of perjury: 1. I am the attorney and principal for the applicant firm, Law Offices of Benjamin M. Carson, P.C. ("Firm"), and have been admitted to this case on a pro hac vice basis. 2. I have personally performed many of the legal services rendered by Firm to the debtors and debtors in possession in connection with their chapter 11 cases and am familiar with the work performed by Senior Counsel Victor A. Vilaplana. Mr. Vilaplana and I are the only two attorneys to perform work on behalf of the Firm. 3. The facts set forth in the foregoing Application are true and correct to the best of my knowledge, information and belief. Dated: January 23, 2025 /s/Benjamin M. Carson BENJAMIN M. CARSON Case 24 -11647 -MFW Doc 333-2 Filed 01/23/25 Page 2 of 2 PLEASE TAKE FURTHER NOTICE THAT ONLY IF AN OBJECTION IS PROPERLY AND TIMELY FILED IN ACCORDANCE WITH THE ABOVE PROCEDURES WILL A HEARING BE HELD ON THE APPLICATION. Dated: January 21, 2025, The Law Offices of Benjamin M. Carson, P.C. San Diego, California /s/Benjamin M. Carson Benjamin M. Carson (Pro Hac Vice) Victor A. Vilaplana (Pro Hac Vice) 5965 Village Way Ste E105 San Diego, CA 92130 Phone:1-858-255-4529 ben@benjamincarsonlaw.com Co -Counsel to the Debtors and Debtors in Possession 2 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 2 of 27 11/01/2024 BC 11/01/2024 BC 11/01/2024 VV 11/01/2024 VV 11/01/2024 VV 11/01/2024 VV case law pertaining to revised SARE motion opposition. Service Case Administration: SR -DC - Edited 0.50 $375.00 $187.50 working draft of SARE motion opposition. Service Meetings of and Communications with 0.30 $375.00 $112.50 Creditors: SR -DC - Communicated with counsel for secured creditors, City of La Quinta, and bankruptcy co -counsel on adjournment of deadline for filing SARE motion opposition. Service Business Operations: SR -PI - Strategized 0.30 $650.00 $195.00 legal issues surrounding obtaining D&O insurance for Independent Manager. Service Fact Investigation / Development: SR -PI - 0.50 $650.00 $325.00 Strategized on possibility of secured creditors voluntarily reconveying deeds of trust and returning to preferred equity status. Service Business Operations: SR -PI - Strategized 0.30 $650.00 $195.00 on obtaining necessary signatures for Independent Manager retention. Service Business Operations: SR -PI - Strategized on possible alternatives to D&O insurance in advance of bringing independent manager on board. 11/01/2024 VV Service Business Operations: PA789 - Reviewed proposed amendment to operating agreement for bringing in Independent Manager. 0.20 $650.00 0.20 $650.00 $130.00 $130.00 11/01/2024 VV Service Case Administration: SR -DC - Reviewed 0.20 $650.00 $130.00 working draft of SARE motion opposition. 11/01/2024 VV Service Meetings of and Communications with 0.30 $650.00 Creditors: SR -DC - Strategized on adjournment of deadline for filing SARE motion opposition. $195.00 11/02/2024 BC Service Pleadings: SR -DC - Worked on adversary 0.70 $375.00 $262.50 proceeding to avoid transactions conveying deeds of trust on preferred equity holders' prepetition. 11/02/2024 BC Service Other Case Assessment, Development and 0.80 $375.00 $300.00 Administration: SR -PI - Prepared text of proposed reconveyance agreement for signature by preferred equity holders converted to secured creditors prepetition. Page 2 of 27 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 4 of 27 recent amendments to operating agreements with bankruptcy co -counsel and counsel for City of La Quinta. 11/04/2024 BC Service Pleadings: PA789 - Reviewed fraudulent transfer and avoidable preference complaint with bankruptcy co -counsel. 11/04/2024 BC 0.30 $375.00 $112.50 Service Case Administration: PA789 - Edited 0.20 $375.00 $75.00 Operating Agreement amendment following discussion with counsel for City of La Quinta. 11/04/2024 VV Service Case Administration: SR -DC - Strategized 1.90 $650.00 $1,235.00 on finalizing retention of Independent Manager. 11/04/2024 VV Service Case Administration: PA789 - Strategized 0.80 $650.00 $520.00 on recent amendments to operating agreements. 11/04/2024 VV 11/05/2024 BC 11/05/2024 BC 11/05/2024 BC 11/05/2024 BC 11/05/2024 BC Service Pleadings: PA789 - Reviewed and analyzed 0.30 $650.00 $195.00 fraudulent transfer and avoidable preference complaint. Service Meetings of and Communications with 0.50 $375.00 $187.50 Creditors: SR -DC - Call with Major Constituents to bankruptcy case to discuss case status, including SARE motion status. Service Case Administration: SR -PI - Reviewed 0.70 $375.00 $262.50 Operating Agreement and attached corporate formation documents to determine necessary edits and signature requirements. Service Case Administration: SR -PI - Discussed 0.70 $375.00 $262.50 revised language and revised consent requirements to substitute in Independent Manager for SRPI with client, bankruptcy co -counsel, counsel for City of La Quinta, and counsel for Independent Manager. Service Business Operations: SR -PI - Discussed 0.20 $375.00 $75.00 obtaining D&O insurance for Independent Manager with client and CRO. Service Business Operations: SR -PI - Discussed 0.50 $375.00 $187.50 with client issue pertaining to bank threatening to close DIP accounts and advised client as to next step forward. 11/05/2024 BC Service Case Administration: PA789 - Reviewed 0.80 $375.00 $300.00 operating agreement and attendant loan docs to verify consent rights of lender prior Page 4 of 27 11/06/2024 VV Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 6 of 27 Service Case Administration: SR -DC - Reviewed 0.30 $650.00 $195.00 Operating Agreement amendments necessary prior to retaining Judge Sontchi as independent manager. 11/06/2024 VV Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00 on revised operating agreement amendments. 11/06/2024 VV 11/06/2024 VV 11/07/2024 BC 11/07/2024 BC Service Business Operations: SR -DC - Strategized 0.30 $650.00 $195.00 on the Operating Agreements, ownership structure, and need for outside signatures. Service Other Case Assessment, Development and 0.10 $650.00 $65.00 Administration: SR -DC - Strategized on obtaining D&O insurance policy for new independent manager. Service Meetings of and Communications with Creditors: SR -DC - Discussed latest status of DIP loan with client, bankruptcy co- counsel, and City of La Quinta. Service 11/07/2024 BC Case Administration: SR -DC - Reviewed and edited latest DIP Interim order and Term Sheet to serve as a basis for next interim funding. 0.50 $375.00 $187.50 1.00 $375.00 $375.00 Service Case Administration: SR -DC - Discussed 0.50 $375.00 $187.50 issues pertaining to DIP Term Sheet and proposed new interim DIP funding order with client and bankruptcy co -counsel. 11/07/2024 BC Service Case Administration: SR -DC - Discussed 0.50 $375.00 $187.50 strategies for preserving Debtors' Plan filing exclusivity rights with client, City of La Quinta counsel, and bankruptcy co- counsel. 11/07/2024 BC 11/07/2024 BC Service Case Administration: SR -PI - Discussed 0.30 $375.00 $112.50 revised interim DIP budget with client and bankruptcy co -counsel. Service Case Administration: SR -PI - Discussed 0.20 $375.00 $75.00 status of amending operating agreements to bring on board Independent Manager with counsel for Independent Manager. 11/07/2024 VV Service Meetings of and Communications with 0.50 $650.00 $325.00 Creditors: SR -DC - Strategized on the latest status of DIP loan. 11/07/2024 VV Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00 on the DIP Term Sheet and proposed new interim DIP funding order. Page 6 of 27 11/08/2024 VV 11/08/2024 VV 11/09/2024 BC 11/09/2024 VV 11/10/2024 BC 11/10/2024 BC 11/10/2024 BC 11/10/2024 BC 11/10/2024 BC Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 8 of 27 on extending exclusivity. Service Business Operations: SR -PI - Strategized 0.70 $650.00 $455.00 and reviewed DIP budget and upcoming financial needs. Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00 on outstanding issues pertaining to Operating Agreement amendments necessary to substitute in Independent Manager. Service Plan of Reorganization: SR -DC - Discussed 0.50 $375.00 $187.50 realistic high-level options for confirmable Chapter 11 plan with bankruptcy co- counsel. Service Plan of Reorganization: SR -DC - Strategized on realistic high-level options for confirmable Chapter 11 plan. Service Case Administration: SR -PI - Reviewed working draft of probably, upcoming interim DIP budget and proposed final DIP budget. Service Case Administration: SR -PI - Prepared and reviewed with bankruptcy co -counsel agenda for upcoming meeting with incoming Independent Manager. 0.50 $650.00 $325.00 0.30 $375.00 $112.50 0.50 $375.00 $187.50 Service Case Administration: SR -PI - Finalized text 0.50 $375.00 $187.50 for working drafts of all six operating agreement amendments to substitute in Independent Manager and possible execution following morning. Service Case Administration: SR -PI - Discussed 0.30 $375.00 $112.50 latest changes to working drafts of all six operating agreement amendments with counsel for Independent Manager. Service Case Administration: SR -PI - Drafted fifth 0.30 $375.00 $112.50 interim CRO retention order in advance of hearing to fmally retain CRO. 11/10/2024 BC Service Case Administration: SR -DC - Discussed 0.30 $375.00 $112.50 status of exclusivity and strategy for extending exclusivity moving forward with bankruptcy co -counsel. 11/10/2024 BC Service Case Administration: SR -DC - Reviewed, 0.50 $375.00 $187.50 with bankruptcy co -counsel, complaint filed by City pre -bankruptcy against various preferred equity holders of debtors Page 8 of 27 11/11/2024 BC 11/11/2024 BC Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 10 of 27 latest draft of agreement engaging independent manager. Service Case Administration: SR -PI - Applied 0.30 $375.00 $112.50 additional edits to DIP loan documents, including proposed DIP Credit Agreement before sending back to counsel for City of La Quinta. Service Case Administration: SR -PI - Discussed terms of DIP Credit agreement with bankruptcy co -counsel. 11/11/2024 BC Service Meetings of and Communications with Creditors: SR -PI - Communication with Creditors -Discussed strategy for finalizing DIP funding with City of La Quinta and possible secured creditor contributor. 11/11/2024 BC 11/11/2024 BC 0.20 $375.00 $75.00 0.80 $375.00 $300.00 Service Case Administration: SR -LUX - Reviewed 0.20 $375.00 $75.00 initial draft of motion to extend exclusivity period as provided by bankruptcy co- counsel. Service Case Administration: SR -LU - Reviewed initial draft of motion to extend assumption/rejection deadline as provided by bankruptcy co -counsel. 0.20 $375.00 $75.00 11/11/2024 BC Service Case Administration: SR -LUX - Discussed 0.20 $375.00 $75.00 strategy for setting claims bar date with bankruptcy co -counsel. 11/11/2024 BC Service Meetings of and Communications with 0.50 $375.00 $187.50 Creditors: SR -DC - Discussed construction and prepetition secured debt issues with Independent Manager and counsel for R.D. Olson. 11/11/2024 VV 11/11/2024 VV 11/11/2024 VV 11/11/2024 VV 11/11/2024 VV Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00 on avoidable preference action. Service Case Administration: SR -PI - Reviewed 0.10 $650.00 $65.00 edits to DIP loan documents, including proposed DIP Credit Agreement. Service Case Administration: SR -PI - Strategized 0.20 $650.00 $130.00 on terms of DIP Credit. Service Case Administration: SR -LUX - 0.20 $650.00 $130.00 Strategized and reviewed initial draft of motion to extend exclusivity period. Service Case Administration: SR -LU - Strategized on reviewed initial draft of motion to Page 10 of 27 0.20 $650.00 $130.00 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 12 of 27 11/12/2024 VV approve unwind agreements. Service Meetings of and Communications with Creditors: PA789 - Strategized on implementing Operating Agreement amendment allowing Independent Manager to come on board. 11/12/2024 VV 11/12/2024 VV 11/13/2024 BC 11/13/2024 BC 11/13/2024 BC 11/13/2024 BC Service Case Administration: PA789 - Reviewed Operating Agreement amendment to lender that would allow Independent Manager to come on board. Service Case Administration: PA789 - Reviewed outline of 9019 motion to settle and approve unwind agreements. Service Meetings of and Communications with Creditors: SR -PI - Prepared and dispatched multiple settlement offers to former preferred equity holders and unsecured creditors to see if they will voluntarily reconvey deeds of trust. 1.60 $650.00 $1,040.00 0.30 $650.00 $195.00 0.20 $650.00 $130.00 4.30 $375.00 $1,612.50 Service Case Administration: SR -PI - Worked on 1.00 $375.00 $375.00 draft of 9019 motion to settle avoidance claims with Debtors' former preferred equity holders and unsecured creditors. Service Meetings of and Communications with 0.30 $375.00 $112.50 Creditors: PA789 - Communicated with counsel for lender whose consent was required to amend operating agreement and bring independent manager on board. Service Meetings of and Communications with 0.30 $375.00 $112.50 Creditors: SR -LIFE - Communicated with counsel for former preferred equity holder of client regarding necessary amendment to operating agreement to appoint Independent Manager. 11/13/2024 BC Service Meetings of and Communications with Creditors: SR-LOD - Discussed interim and final DIP facility with client and City of La Quinta counsel. 1.00 $375.00 $375.00 11/13/2024 BC Service Case Administration: SR -DC - Reviewed 1.10 $375.00 $412.50 strategy for implementing a number of immediately necessary tasks with independent manager on board. 11/13/2024 VV Service Case Administration: SR -PI - Reviewed draft of 9019 motion to settle avoidance claims with Debtors' former preferred Page 12 of 27 0.50 $650.00 $325.00 11/15/2024 BC 11/15/2024 BC 11/15/2024 BC Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 14 of 27 Service Meetings of and Communications with 0.80 $375.00 $300.00 Creditors: PA789 - Discussed unwind agreements and reconveyance of deeds of trust, fmalizing signatures, with client, bankruptcy co -counsel, and multiple former preferred equity holders. Service Case Administration: SR -LIFE - Reviewed 0.50 $375.00 $187.50 operating agreement to determine potential alternative to appointing independent manager over objection of preferred equity holder. Service Case Administration: SR -LIFE - Strategized with client and bankruptcy co- counsel how to get independent manager on board given issues raised by preferred equity holder with consent rights. 11/15/2024 BC Service Case Administration: SR -DC - General strategy discussion to review critical upcoming tasks with client and bankruptcy co -counsel. 1.10 $375.00 $412.50 0.50 $375.00 $187.50 11/15/2024 BC Service Case Administration: SR -DC - Discussed 0.50 $375.00 $187.50 settling potential dispute with secured creditor in advance of filing DIP financing motion. 11/15/2024 VV Service Professional Employment Application: SR- 0.20 $650.00 $130.00 PI - Reviewed September fee application for filing. 11/15/2024 VV Service Meetings of and Communications with 0.80 $650.00 $520.00 Creditors: PA789 - Strategized on the unwind agreements and reconveyance of deeds of trust, finalizing signatures. 11/15/2024 VV Service Case Administration: SR -LIFE - Strategized on how to get independent manager on board given issues raised by preferred equity holder with consent rights. 1.10 $650.00 $715.00 11/15/2024 VV Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00 on and reviewed critical upcoming tasks. 11/15/2024 VV Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00 on settling potential dispute with secured creditor in advance of filing DIP financing motion. 11/16/2024 BC Service Meetings of and Communications with 0.30 $375.00 $112.50 Creditors: PA789 - Back and forth communication with preferred equity holder regarding unwind agreement and Page 14 of 27 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 16 of 27 creditors as settlement. 11/17/2024 BC Service Meetings of and Communications with 0.30 $375.00 $112.50 Creditors: SR -DC - Communicated with unsecured creditors and preferred equity holders regarding execution of unwind agreements and reconveyance of deeds of trust. 11/17/2024 BC Service Case Administration: SR -DC - Discussed 0.20 $375.00 $75.00 11/17/2024 BC SARE opposition with client and bankruptcy co -counsel. Service Case Administration: SR -DC - Worked on draft declaration for appraiser in support of new DIP financing motion. 11/17/2024 VV Service Case Administration: SR -LIFE - Strategized on issues with Lifestyle Operating Agreement amendment. 0.50 $375.00 $187.50 1.60 $650.00 $1,040.00 11/17/2024 VV Service Case Administration: SR -LIFE - Reviewed 0.30 $650.00 $195.00 Operating Agreement amendment to appoint new Manager. 11/17/2024 VV Service Case Administration: SR -DC - Strategized 0.20 $650.00 $130.00 on SARE opposition. 11/17/2024 VV Service Case Administration: SR -DC - Reviewed 0.30 $650.00 $195.00 draft declaration for appraiser in support of new DIP financing motion. 11/18/2024 BC 11/18/2024 BC Service Case Administration: SR -LIFE - Reviewed Operating Agreement to re -determine legal mechanism for amendment of clause stating Manager cannot be removed. 0.50 $375.00 $187.50 Service Case Administration: SR -LIFE - Discussed 0.80 $375.00 $300.00 amending Operating Agreement with bankruptcy co -counsel, counsel for Independent Manager, and counsel for Class A Preferred Members. 11/18/2024 BC Service Case Administration: SR-LOD - Reviewed 0.20 $375.00 motion to set claims bar date. 11/18/2024 BC Service Case Administration: SR-LOD - Discussed 0.20 $375.00 motion to extend exclusivity with bankruptcy co -counsel. 11/18/2024 BC Service Analysis/Strategy: SR -DC - Reviewed 0.30 $375.00 $112.50 pleading standard for fraudulent transfer and avoidance action claims. $75.00 $75.00 11/18/2024 BC Service Analysis/Strategy: SR -DC - Edited 0.30 $375.00 $112.50 Page 16 of 27 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 18 of 27 Strategized on motion to extend exclusivity. 11/18/2024 VV Service Analysis Strategy: SR -DC - Reviewed 0.10 $650.00 $65.00 complaint for damages for avoidance and fraudulent transfer claims. 11/18/2024 VV 11/18/2024 VV 11/18/2024 VV Service Meetings of and Communications with 1.00 $650.00 $650.00 Creditors: SR -DC - Strategized on and reviewed current major case updates. Service Case Administration: SR -DC - Reviewed 0.10 $650.00 $65.00 draft declaration for appraiser in support of upcoming DIP priming loan motion. Service Case Administration: PA789 - Strategized 0.20 $650.00 $130.00 on completing settlement negotiations with preferred equity holders and unsecured creditors. 11/18/2024 VV Service Case Administration: PA789 - Reviewed 0.10 $650.00 $65.00 Rule 9019 motion to approve Unwind Agreements as settlement. 11/18/2024 VV 11/19/2024 BC Service Case Administration: PA789 - Reviewed and analyzed application to employ Independent Manager's counsel. Service Case Administration: PA789 - Completed first draft of complaint for avoidable preference and fraudulent transfer claims. 11/19/2024 BC Service Case Administration: PA789 - Reviewed multiple documents and agreement, with bankruptcy co -counsel and counsel for Independent Manager, regarding ownership interest and operational control of Planning Area 9. 11/19/2024 BC 11/19/2024 BC 0.10 $650.00 $65.00 .__.._...............................__........... 2.20 $375.00 1.10 $375.00 $412.50 $825.00 Service Meetings of and Communications with 0.70 $375.00 $262.50 Creditors: SR -LUX - Discussed draft of motion to settle under Bankruptcy Rule 9019 with bankruptcy co -counsel counsel for City of La Quinta. Service Case Administration: SR -LUX - Back and 0.80 $375.00 $300.00 forth communication with various parties agreeing to voluntarily reconvey deeds of trust and client regarding unwind agreements. 11/19/2024 BC Service Case Administration: SR -LIFE - 0.30 $375.00 $112.50 Communicated with client, bankruptcy co- counsel and counsel for Series A Preferred Membership Interest on appointing Page 18 of 27 11/20/2024 VV Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 20 of 27 Creditors: SRDC - Strategized on upcoming DIP financing and related issues. Service Case Administration: SRDC - Reviewed 0.30 $650.00 $195.00 and analyzed operating agreement amendment to substitute in independent manager. 11/20/2024 VV Service Case Administration: PA789 - Strategized on TIC agreement. 11/21/2024 BC Service Meetings of and Communications with Creditors: SR -LIFE - Worked with client, bankruptcy co -counsel, and counsel for preferred equity holder on finalizing Operating agreement amendment for substituting in of independent manager. 11/21/2024 BC Service Business Operations: SR -PI - Discussed 0.10 $375.00 $37.50 status of DIP bank accounts with client. 0.50 $650.00 $325.00 0.70 $375.00 $262.50 11/21/2024 BC Service 11/21/2024 BC 11/21/2024 BC 11/21/2024 BC 11/21/2024 VV Case Administration: SR -PI - Worked with 0.70 $375.00 $262.50 client to finalize October 2024 Monthly Operating report. Service Case Administration: SR -DC - Discussed 0.30 $375.00 $112.50 application for setting bar date with client and bankruptcy co -counsel. Service Case Administration: SR -DC - Chapter 11 0.80 $375.00 $300.00 case strategy meeting with client and bankruptcy co -counsel. Service Meetings of and Communications with Creditors: PA789 - Communicated with former preferred equity holders regarding unwind agreements and reconveying deeds of trust. 0.30 $375.00 $112.50 Service Meetings of and Communications with Creditors: SR -LIFE - Strategized for preferred equity holder on finalizing Operating agreement amendment for substituting in of independent manager. 11/21/2024 VV 0.70 $650.00 $455.00 Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00 on application for setting bar date. 11/21/2024 VV 11/22/2024 BC Service Case Administration: SR -DC - Strategized 0.80 $650.00 $520.00 on Chapter 11 case. Service Case Administration: SR -LIFE - Finalized 0.80 $375.00 $300.00 implementation of edits to SR Lifestyle Operating Agreement amendment to bring independent manager on board. Page 20 of 27 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 22 of 27 11/24/2024 BC 11/24/2024 VV 11/25/2024 BC 11/25/2024 BC 11/25/2024 BC 11/25/2024 BC 11/25/2024 BC 11/25/2024 BC 11/25/2024 BC Strategized on upcoming meeting with US Trustee. Service Case Administration: SR -PI - With 0.20 $375.00 $75.00 bankruptcy co -counsel discussed status of early December motion filings and potential issues to address with major Constituents and US Trustee. Service Case Administration: SR -PI - Strategized 0.20 $650.00 $130.00 on the status of early December motion filings and potential issues to address with major Constituents and US Trustee. Service Meetings of and Communications with 0.70 $375.00 $262.50 Creditors: SR -LIFE - Discussed DIP financing efforts and efforts to finalize appointment of Independent Manager with US Trustee. Service Case Administration: SR -LIFE - 0.20 $375.00 $75.00 Communicated with counsel for shareholder of SilverRock Lifestyle to finalize appointment of Independent Manager. Service Case Administration: SR -LIFE - Edited proposed final CRO Order. Service Meetings of and Communications with Creditors: SR -LIFE - Communicated with US Trustee and Major Constituents regarding content of final CRO Order. Service Meetings of and Communications with Creditors: SR -PI - Communicated with client and former preferred equity holder on voluntarily reconveying deed of trust. Service Case Administration: SR -PI - Reviewed proposed DIP Term Sheet with City of La Quinta. Service Business Operations: SR -PI - Discussed transfer of bank accounts with client and counsel for Bank of America. 0.30 $375.00 $112.50 0.20 $375.00 $75.00 0.30 $375.00 $112.50 0.20 $375.00 $75.00 0.30 $375.00 $112.50 11/25/2024 BC Service Business Operations: SR -PI - With 0.20 $375.00 $75.00 bankruptcy co -counsel, reviewed and edited proposed communication with utility provider of Project. 11/25/2024 BC Service Business Operations: SR -PI - Discussed 0.20 $375.00 $75.00 status of utility services for Project with client. Page 22 of 27 Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 24 of 27 which Debtors can file plan of reorganization. 11/26/2024 VV Service Case Administration: SR -DC - Strategized 0.80 $650.00 $520.00 on DIP financing. 11/26/2024 VV Service Case Administration: SR -DC - Reviewed 0.10 $650.00 $65.00 and analyzed revised DIP financing term sheet from City of La Quinta. 11/26/2024 VV Service Business Operations: SR -PI - Reviewed 0.10 $650.00 $65.00 and analyzed communication between CRO and utility service provider at Project. 11/26/2024 VV Service Case Administration: SR -LUX - Reviewed 0.20 $650.00 $130.00 motion to extend deadline to assume or reject nonresidential lease. 11/27/2024 BC 11/27/2024 BC 11/27/2024 BC 11/27/2024 BC Service Case Administration: SR -DC - With 1.70 $375.00 $637.50 bankruptcy co -counsel and client, applied further edits to motion to extend exclusivity period. Service Case Administration: SR -DC - Applied further edits to motion to extend assumption/rejection deadline. Service Meetings of and Communications with Creditors: SR -DC - Discussed draft motion to extend exclusivity with counsel for City of La Quinta. 0.20 $375.00 $75.00 0.30 $375.00 $112.50 Service Meetings of and Communications with 0.20 $375.00 $75.00 Creditors: SR -DC - Communicated contents of motion to extend exclusivity and assumption/rejection deadline with counsel for Major Constituents. 11/27/2024 BC Service Meetings of and Communications with 0.10 $375.00 $37.50 Creditors: SR -PI - Communicated with counsel for unsecured creditor regarding claims bar date. 11/27/2024 BC Service Business Operations: SR -PI - Reviewed 0.30 $375.00 $112.50 status of DIP bank accounts and threat of bank to close accounts with client and bankruptcy co -counsel 11/27/2024 BC Service Case Administration: SR -PI - Case Administration -Reviewed latest draft of DIP Term sheet with City of La Quinta. 11/27/2024 BC 0.30 $375.00 $112.50 Service Case Administration: PA789 - Reviewed status of unwind agreements for 9019 motion with client and bankruptcy co - Page 24 of 27 0.30 $375.00 $112.50 11/30/2024 BC Case 24 -11647 -MFW Doc 333-3 Filed 01/23/25 Page 26 of 27 notice provision requirements for upcoming motions with bankruptcy co -counsel. Service Case Administration: SR -DC - Discussed 0.10 $375.00 $37.50 365 motion to extend deadline to assume/ reject nonresidential lease with bankruptcy co -counsel. 11/30/2024 VV 11/30/2024 VV 11/30/2024 VV 11/30/2024 VV Service Case Administration: SR -DC - Reviewed 0.30 $650.00 $195.00 declaration for Independent Manager in support of motion to extend exclusive period during which Debtors can file Chapter 11 Plan. Service Case Administration: SR -DC - Reviewed motion to extend exclusive period during which Debtors can file Chapter 11 Plan. Service Case Administration: SR -DC - Strategized on motion to extend exclusive period during which Debtors can file Chapter 11 Plan. Service Case Administration: SR -DC - Strategized on notice provision requirements for upcoming motions. 11/30/2024 VV Service Case Administration: SR -DC - Strategized on 365 motion to extend deadline to assume/reject nonresidential lease. 0.10 $650.00 $65.00 0.20 $650.00 $130.00 0.10 $650.00 $65.00 0.10 $650.00 Hours Subtotal $65.00 154.8 Benjamin Carson Victor Vilaplana Statement of Account Attorney Senior Co -Counsel 98.0 $375.00 $36,750.00 56.8 Outstanding Balance New Charges $87,357.00 + $73,670.00 Page 26 of 27 $650.00 $36,920.00 Hours Total 154.8 Subtotal $73,670.00 Total $73,670.00 Total Balance