Loading...
2025-02-19 DIP Financing - Armstrong Teasdale LLP Reimbur Dec 2024Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 1 of 9 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: March 12, 2025 at 4:00 p.m. (ET) SUMMARY OF FIFTH MONTHLY APPLICATION OF ARMSTRONG TEASDALE LLP, AS CO -COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED FOR THE PERIOD FROM DECEMBER 1, 2024 THROUGH DECEMBER 31, 2024 Name of Applicant: Authorized to Provide Professional Services to: Date of Retention: August 5, 2024 Period for which compensation and reimbursement is sought: Amount of compensation sought as actual, reasonable and necessary: Amount of expense reimbursement sought as actual, reasonable and necessary: This is a: X monthly final application Armstrong Teasdale LLP Debtors and Debtors in Possession (order entered September 13, 2024) December 1, 2024 through December 31, 2024 $33,473.00 $4,073.65 This application includes 1.7 hours and $880.50 in fees incurred in connection with the preparation of Fee Applications. Prior applications: '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 I, LLC (2247). The location of the Debtors' principal place of business and the Debtors' mailing address is 343 Fourth Avenue, San Diego, CA 92101. Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 2 of 9 Date Filed / Docket No. Period Covered Requested Fees Requested Expenses Approved Fees Approved Expenses 185 8/5/24-8/31/24 $67,561.50 $0 $54,049.20 $0 219 9/1/24-9/30/24 $93,725.00 $6,553.39 $74,980.00 $6,553.39 262 10/1/24-10/31/24 $86,927.50 $11,947.01 $69,542.00 $11,947.01 332 11/1/2024-11/30/2024 $40,386.00 $3,544.81 $32,308.80 $3,544.81 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 3 of 9 COMPENSATION BY INDIVIDUAL Name of Professional Person Position of the Applicant, Number of Years in that Position, Prior Relevant Experience, Year of Obtaining License to Practice, Area of Expertise Hourly Billing Rate ($) Total Billed Hours Total Compensation ($) Jonathan M. Stemerman Partner since 2021. Joined firm as Partner in 2021. Member of DE Bar since 2004. $775 17.90 $13,872.50 Eric M. Sutty Partner since 2021. Joined firm as Partner in 2021. Member of DE Bar since 2001. $795 6.40 $5,088.00 Marylou Sinko Paralegal since 1996. $375 38.70 $14,512.50 Grand Total: 63.00 $33,473.00 Blended Rate: $627.34 30334593.1 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 4 of 9 COMPENSATION BY PROJECT CATEGORY Project Category Total Hours Total Fees ($) Case Administration (B 110) 20.80 8,760.00 Asset Disposition (B130) 3.40 1,395.00 Meetings of and Communications with Creditors (B150) 1.10 852.50 Fee/Employment Applications (B160) 14.90 8,819.50 Avoidance Action Analysis (B180) 4.30 2,332.50 Assumption/Rejection of Leases and Contracts (B185) 2.80 1,130.00 Business Operations (B210) 1.20 530.00 Financing/Cash Collections (B230) 8.40 4,990.00 Real Estate (B250) .2 155.00 Claims Administration and Obj ections (B310) 1.60 1,104.00 Plan and Disclosure Statement (B320) .7 542.50 TOTAL 63.0 33,473.00 EXPENSE SUMMARY Expenses Category Total Expenses ($) Computerized Legal Research - WESTLAW 0 Deliver/Courier 4,073.65 Deposition/Transcript 0 Docket Retrieval/Search 0 Reproduction Charges 0 Filing Fees 0 TOTAL 4,073.65 2 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 5 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SilverRock Development Company, et al., Debtors.2 Chapter 11 Case No. 24-11647 (MFW) (Jointly Administered) Objection Deadline: March 12, 2025 at 4:00 p.m. (ET) FIFTH MONTHLY APPLICATION OF ARMSTRONG TEASDALE LLP, AS CO -COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED FOR THE PERIOD FROM DECEMBER 1, 2024 THROUGH DECEMBER 31, 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 Armstrong Teasdale LLP 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 Armstrong Teasdale LLP ("AT") 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, the "Debtors"), in the amount of $33,473.00, together with reimbursement for actual and necessary expenses incurred in the amount '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. 2 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 6 of 9 of $4,073.65 for the period from December 1, 2024 through and including December 31, 2024 (the "Monthly Fee Period"). In support of this Application, AT respectfully represents as follows: BACKGROUND 1. On August 5, 2024, (the "Petition Date"), each of the Debtors filed a voluntary petition with the Court under chapter 11 of the Bankruptcy Code. No Trustee or examiner has been appointed in these Chapter 11 Cases. 2. Pursuant to the Retention Order, AT was retained to represent the Debtors as bankruptcy co -counsel in connection with these chapter 11 cases, effective as of the Petition Date. The Retention Order authorizes AT to be compensated on an hourly basis and to be reimbursed for actual and necessary out-of-pocket expenses. 3. On October 16, 2024, AT filed its First Monthly Fee and Expense Application of Armstrong Teasdale LLP as Bankruptcy Co -Counsel to the Debtors and Debtors In Possession for Allowance of Compensation and Reimbursement of Expenses Incurred for the period August 5, 2024 to August 31, 2024 [D.I. 185] (the "First Monthly Fee Application"). Through the First Monthly Fee Application, AT sought approval of 80% of its fees in the amount of $54,049.20 (100% = $67,561.50). 4. On November 7, 2024, AT filed a Certificate of No Objection — No Order Required [D.I. 215] regarding the First Monthly Fee Application. Pursuant to the Interim Compensation Order, the Debtor was authorized to remit payment in the amount of $67,561.50 on account of its approved fees. AT applied monies in its retainer to the approved amount. 5. On November 15, 2024, AT filed its Second Monthly Fee and Expense Application of Armstrong Teasdale LLP as Bankruptcy Co -Counsel to the Debtors and Debtors In Possession for Allowance of Compensation and Reimbursement of Expenses Incurred for the period 3 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 7 of 9 September 1, 2024 to September 30, 2024 [D.I. 219] (the "Second Monthly Fee Application"). Through the Second Monthly Fee Application, AT sought approval of 80% of its fees in the amount of $74,980.00 (100% = $93,725.00). 6. On December 9, 2024, AT filed a Certificate of No Objection — No Order Required [D.I. 244] regarding the Second Monthly Fee Application. Pursuant to the Interim Compensation Order, the Debtor was authorized to remit payment in the amount of $74,980.00 on account of its approved fees. AT applied monies in its retainer to the approved amount. AT currently has $0, remaining it its retainer account on related to the Debtors. 7. All services for which compensation is requested herein by AT were performed for or on behalf of the Debtors. SUMMARY OF SERVICES RENDERED 8. Attached hereto as Exhibit A is a detailed statement of fees and expenses incurred during the Monthly Fee Period, showing the amount of $33,473.00 due for fees and $4,073.65 due for expenses. 9. The services rendered by AT during the Monthly Fee Period are grouped into the categories set forth in Exhibit A. The attorneys and paralegals who rendered services relating to each category are identified, along with the number of hours for each individual and the total compensation sought for each category, in the attachments hereto. DISBURSEMENTS 6. AT has incurred out-of-pocket disbursements during the Monthly Fee Period in the amount of $4,073.65. 4 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 8 of 9 VALUATION OF SERVICES 7. Attorneys and paraprofessionals of AT have expended a total of 63.00 hours in connection with this matter during the Monthly Fee Period. 8. The amount of time spent by each of these persons providing services to the Debtors for the Monthly Fee Period is fully set forth in the detail attached hereto as Exhibit A. These are AT's normal hourly rates of compensation for work of this character. The reasonable value of the services rendered by AT for the Monthly Fee Period as counsel for the Debtors in these cases is $33,473.00 10. AT believes that the time entries included in Exhibit A attached hereto are in compliance with the requirements of Local Rule 2016-2. 11. 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. 12. This Application covers the fee period from December 1, 2024 through and including December 31, 2024. AT has continued, and will continue, to perform additional necessary services for the Debtors subsequent to the Monthly Fee Period, for which AT will file subsequent monthly fee applications. CONCLUSION WHEREFORE, AT requests that allowance be made to it in the sum of $33,473.00 as compensation for necessary professional services rendered to the Debtors for the Monthly Fee Period, and the sum of $4,073.65 for reimbursement of actual necessary costs and expenses 5 Case 24-11647-MFW Doc 355 Filed 02/19/25 Page 9 of 9 incurred during that period, and requests such other and further relief as the Court may deem just and proper. Dated: February 19, 2025 ARMSTRONG TEASDALE LLP Wilmington, Delaware /s/Jonathan M. Stemerman Jonathan M. Stemerman (No. 4510) Eric M. Sutty (No. 4007) Denisse Guevara (No. 7206) 1007 North Market Street, Third Floor Wilmington, Delaware 19801 Telephone: (302) 416-9670 jstemerman@atllp.com esutty@atllp.com dguevara@atllp.com Co -Counsel to the Debtors and Debtors in Possession 6 Case 24-11647-MFW Doc 355-1 Filed 02/19/25 Page 1 of 2 VERIFICATION I, Jonathan M. Stemerman, declare, pursuant to 28 U.S.C. § 1746, under penalty of perjury: 1. I am a Partner in the applicant firm, Armstrong Teasdale LLP ("AT"), and have been admitted to the bar of the Supreme Court of Delaware since 2004. 2. I have personally performed many of the legal services rendered by AT to the debtors and debtors in possession in connection with their chapter 11 cases and am familiar with all other work performed on behalf of the lawyers and paraprofessionals at AT. 3. In compliance with rule 2016-2 of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware ("Local Rule 2016- 2") of the Bankruptcy Court, and with the Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11 Cases (the "U.S. Trustee Guidelines"), 28 C.F.R. pt. 58, app. A (1996), the following is provided in response to the request for additional information set forth in ¶ C.5 of the U.S. Trustee Guidelines: Question: Did you agree to any variations from, or alternatives to, your standard or customary billing rates, fees or terms for services pertaining to this engagement that were provided during the application period? If so, please explain. Response: No. Question: If the fees sought in this fee application as compared to the fees budgeted for the time period covered by this fee application are higher by 10% or more, did you discuss the reasons for the variation with the client? Response: Not applicable. Question: Have any of the professionals included in this fee application varied their hourly rate based on the geographic location of the bankruptcy case? Response: No. 7 Case 24-11647-MFW Doc 355-1 Filed 02/19/25 Page 2 of 2 Question: Does the fee application include time or fees related to reviewing or revising time records or preparing, reviewing, or revising invoices? (This is limited to work involved in preparing and editing billing records that would not be compensable outside of bankruptcy and does not include reasonable fees for preparing a fee application.) If so, please quantify by hours and fees. Response: No. Question: Does this fee application include time or fees for reviewing time records to redact any privileged or other confidential information? If so, please quantify by hours and fees. Response: No. Question: If the fee application includes any rate increases since retention: (i) Did the client review and approve those rate increases in advance? (ii) Did the client agree when retaining AT to accept all future rate increases? If not, did AT inform the client that they need not agree to modified rates or terms in order to have you continue the representation, consisted with ABA Formal Ethics Opinion 11-458? Response: Not applicable. 4. The facts set forth in the foregoing Application are true and correct to the best of my knowledge, information and belief. Dated: February 19, 2025 /s/Jonathan M. Stemerman JONATHAN M. STEMERMAN 8 Case 24-11647-MFW Doc 355-2 Filed 02/19/25 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SilverRock Development Company, et al., Debtors.3 Chapter 11 Case No. 24-11647 (MFW) (Jointly Administered) Objection Deadline: March 12, 2025 at 4:00 p.m. (ET) NOTICE OF FIFTH MONTHLY APPLICATION OF ARMSTRONG TEASDALE LLP, AS CO -COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION, FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED FOR THE PERIOD FROM DECEMBER 1, 2024 THROUGH DECEMBER 31, 2024 PLEASE TAKE NOTICE that the Fifth Monthly Application of Armstrong Teasdale LLP, as Co -Counsel to the Debtors and Debtors In Possession, for Allowance of Compensation and Reimbursement of Expenses Incurred for the Period from December 1, 2024 Through December 2024 (the "Application") has been filed with the United States Bankruptcy Court for the District of Delaware (the "Court"). The Application seeks allowance of monthly fees in the amount of $33,473.00 and monthly expenses in the amount of $4,073.65 PLEASE TAKE FURTHER NOTICE that objections to the Application, if any, are required to be filed on or before March 12, 2025 at 4:00 p.m. (ET) (the "Objection Deadline") with the Clerk of the United States Bankruptcy Court, 824 N. Market Street, 3rd Floor, Wilmington, Delaware 19801, and served so as to be received on or before the Objection Deadline by the undersigned counsel to the Debtors. PLEASE TAKE FURTHER NOTICE THAT, PURSUANT TO THE 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], IF NO OBJECTIONS ARE FILED AND SERVED IN ACCORDANCE WITH THE ABOVE PROCEDURES, THE DEBTORS WILL BE AUTHORIZED TO PAY 80% OF THE REQUESTED FEES AND 100% OF THE REQUESTED EXPENSES WITHOUT FURTHER ORDER OF THE COURT. 3The 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. 9 Case 24-11647-MFW Doc 355-2 Filed 02/19/25 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: February 19, 2025 ARMSTRONG TEASDALE LLP Wilmington, Delaware /s/Jonathan M. Stemerman Jonathan M. Stemerman (No. 4510) Eric M. Sutty (No. 4007) Denisse Guevara (No. 7206) 1007 North Market Street, Third Floor Wilmington, Delaware 19801 Telephone: (302) 416-9670 jstemerman@atllp.com esutty@atllp.com dguevara@atllp.com Co -Counsel to the Debtors and Debtors in Possession 10 Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 1 of 9 Exhibit A Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 2 of 9 Armstrong Teasdale Attn: Christopher S Sontchi SilverRock Development Company, LLC 11 Tobin Court Hockessin, DE 19707 7700 Forsyth Boulevard, Suite 1800 St. Louis, MO 63105 Phone: 314.621.5070 Fed ID: 43-1274026 Contact us with question or concerns Accountinginfo@atllp.com or 314.719.8270 February 12, 2025 Invoice No. 3337298 File No. 47399 SUmMAitii,tiOusivOICE For Professional Services through FEBRUARY 11, 2025 MATTER MATTER NAME 1 Chapter 11 Bankruptcy TOTAL AMOUNT DUE: FEES DISBURSEMENTS 33,473.00 4,073.65 TOTAL 37,546.65 37,546.65 Summary of Prior invoices Outstanding for Chapter 11 Bankruptcy — Matter # 1 1— CHAPTER 11 BANKRUPTCY Fee Summary Date 11/07/24 Name E. Sutty Hours Amount Narrative 3.60 2862.00 Begin drafting bar date motion. PAYMENT IS DUE UPON RECEIPT. Please Remit Payment To: NEW ADDRESS: Armstrong TeasdalelPO Box 875121 Carol Stream, IL 60188-7512 For ACH and WIRE: ATLLP ZBA Remittance Account) Cass Commercial Bank' Routing # 0810006051 Account # 40066991 Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 3 of 9 Fee Summary Date Name B110 - Case Administration 12/02/24 M.Sinko 12/02/24 M. Sinko 12/02/24 M. Sinko 12/02/24 J. Stemerman 12/02/24 J. Stemerman 12/03/24 M. Sinko 12/03/24 J. Stemerman 12/03/24 J. Stemerman 12/04/24 M. Sinko 12/06/24 M. Sinko 12/09/24 M. Sinko 12/12/24 M.Sinko 12/12/24 M. Sinko 12/13/24 M. Sinko 12/13/24 J. Stemerman 12/16/24 M. Sinko 12/16/24 M. Sinko 12/16/24 M. Sinko Hours Amount Narrative 1.00 375.00 Prepare Certification of Counsel for filing with Court (CM/ECF) and service upon counsel. Calendar objection date re DWC retention D.I. 235 2.00 750.00 Review and revise Debtors' Motion for Entry of an Order for (I) granting relief from the interim DIP Financing Orders preventing Debtors from Extending the Exclusivity periods and extending them four (4) months and prepare with exhibits for filing with Court (CM/ECF) and service upon counsel. D.I. 236 0.80 300.00 Prepare and make revisions to Certification of Counsel regarding final order approving engagement of D. Wilson. 0.30 232.50 Call with A. Steele and co -counsel re: case status and case strategy. 0.30 232.50 Zoom call with C. Sontchi, CRO and co - counsel re: case strategy and further status updates. 0.20 75.00 Review email from Parcels re: AOS for 234, 235, 236. DIP Financing Extending Deadlines for Assume or Reject Leases, and Engagement of D. Wilson Companies. 0.20 155.00 Participate at December 2nd omnibus hearing. 0.20 155.00 Prepare for December 2, 2024 omnibus hearing. 1.50 562.50 Review and revise Rule 9019 Motion and Order with exhibits and prepare for filing and file with Court (CM/ECF) and service upon counsel. 0.30 112.50 Communications with L. Capp at U.S. Bankruptcy Court re: upload of order for CNO regarding Fourth Interim Order (I) Authorizing Debtors to Obtain Interim Postpetition Secured Financing, (II) Granting Non -Priming Liens and SuperPriority Administrative Expense Status, and (III) Scheduling a Final Hearing. 0.20 75.00 Calendar service of adversary complaint 6 weeks prior to service due date and advise J. Stemerman. 0.30 112.50 Review email from J. Stemerman - update 2002 List. 0.50 187.50 Review email from J. Stemerman - update Master Service List - Exhibit A to include all creditors. Make revisions to list and labels. 0.30 112.50 Emails to and from J. Stemerman re: expected filings. (DIP, JLL, Steele Declaration, Certification of Counsel re: RLF retention) 0.20 155.00 Communications with M. Bates and co - counsel re: case status update. 0.30 112.50 Review email and file Supplemental Declaration of Amanda Steele. D.I. 248. 0.20 75.00 Prepare upload and send Order re: retention to Court for signature. 0.80 300.00 Prepare Certificates of Service with Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 4 of 9 L Date Fee Summary Name Hours Amount Narrative Affidavits of service for DIP motion (225), Notice of Agenda (232); Certifications of counsel regarding Fourth Interim DIP order Order and CNO's for Second Monthly Application of Fees for Carson and ATLLP (244, 245) 12/17/24 M. Sinko 0.40 150.00 Review email from J. Stemerman re: hearing date on Motion to retain real estate broker to sell Debtors' main assets. Calendar same and email to J. Stemerman. 12/17/24 J. Stemerman 0.20 155.00 Communications with Chambers re: hearing dates. 12/19/24 M. Sinko 1.50 562.50 Review docket and start draft of Agenda letter for January 2, 2025. Confer with J. Stemerman re: same. 12/20/24 M. Sinko 1.00 375.00 Review and revise Certificate of No Objection and prepare for filing with Court and service upon counsel. File with CM/ECF. 12/20/24 J. Stemerman 0.30 232.50 Telephone call with B. Carson re: agenda for 1/2 and 1/15 hearings. 12/20/24 J. Stemerman 0.20 155.00 Call with UST re: status update on 1/2 and 1/15 hearings. 12/23/24 M. Sinko 0.40 150.00 Prepare and update proposed order. Upload order through CM/ECF for Court consideration. 12/25/24 M. Sinko 1.00 375.00 Review and revise Agenda for January 2, 2025 hearing. 12/26/24 J. Stemerman 0.10 77.50 Communications with UST re: extended objection deadlines for 9019 and final DIP motions. 12/27/24 M. Sinko 0.30 112.50 Draft email to J. Stemerman re: service affidavits and service lists. 12/27/24 M. Sinko 1.20 450.00 Draft Certification of Counsel for Exclusivity Motion with Exhibits A and B for J. Stemerman review. 12/27/24 M. Sinko 0.60 225.00 Prepare Amended Notice of Hearing on DIP motion. Prepare for filing with 2002 List and all Exhibit A list. 12/27/24 M. Sinko 0.80 300.00 Prepare DIP motion for additional supplemental service. 12/30/24 M. Sinko 1.00 375.00 Revise Agenda (January 2, 2025 hearing) to include COC and Exclusivity extension. Prepare and send to J. Stemerman for review. 12/30/24 M. Sinko 0.20 75.00 Email to L. Capp judicial assistant re: cancelling hearing. Need to get approval to do so. 12/30/24 M. Sinko 0.40 150.00 Prepare Notice of Agenda - Cancelled Hearing for filing with Court (CM/ECF) and service upon counsel. 12/30/24 M. Sinko 0.20 75.00 Upload order to CM/ECF D.I. 264 Court re: exclusivity. 12/30/24 J. Stemerman 0.10 77.50 Supplement agenda for 1.2.25 hearing and instructions to M. Sinko re: same. 12/30/24 J. Stemerman 0.20 155.00 Analyze cancellation of January 2nd hearing and communications with C. Sontchi, CRO and co -counsel re: same. 12/31/24 M. Sinko 0.40 150.00 Prepare COS and AOS for DIP Motion and Amended Hearing. File with CM/ECF. 12/31/24 M. Sinko 0.30 112.50 Prepare COS and AOS for Fee Applications Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 5 of 9 Fee Summary Date Name Hours Amount Narrative and D.I. 258, 259. File with CM/ECF. 12/31/24 M. Sinko 0.30 112.50 Prepare COS and AOS for supplemental DIP service. File with CM/ECF. 12/31/24 J. Stemerman 0.10 77.50 Communications with M. Bates re: UST motion to dismiss. Sub Total Task B110 20.80 8,760.00 8130 - Asset Disposition 12/12/24 M. Sinko 1.30 487.50 Prepare DIP Motion and exhibits for filing with Court CM/ECF and file with Court and service upon 2002 list and Exhibit A creditors. 12/13/24 M. Sinko 0.30 112.50 Prepare Motion of Debtors - DIP motion D.I. 246 send to Parcels for mailing to Exhibit A service list. 12/13/24 M. Sinko 1.50 562.50 Review and revise DIP motion, prepare exhibits for filing with Court. File CM/ECF with Court and service upon 2002 list. 12/13/24 J. Stemerman 0.20 155.00 Telephone call with counsel for potential bidder of real estate assets. 12/13/24 J. Stemerman 0.10 77.50 Communications with Interim Manger, CRO and co -counsel re: call with counsel for potential bidder of real estate assets. Sub Total Task B130 3.40 1,395.00 B150 - Meetings of and Communications with Creditors 12/02/24 J. Stemerman 0.30 232.50 Participate on call with major constituents re: case status and next steps. 12/09/24 J. Stemerman 0.10 77.50 Communications with K. Grivner and M. Vives re: questions re: financials. 12/16/24 J. Stemerman 0.40 310.00 Attend call with major constituents, Interim Manager, CRO and co -counsel re: case status update and case strategy. 12/23/24 J. Stemerman 0.30 232.50 Participate on call with Major Constituents re: status update. Sub Total Task B150 1.10 852.50 8160 - Fee/Employment Applications 12/03/24 J. Stemerman 0.10 77.50 Analyze entry of Final CRO order and communication to interim manager, CRO and co -counsel re: same. 12/03/24 J. Stemerman 0.40 310.00 Call with UST and A. Steele re: RFL retention application. 12/05/24 M. Sinko 0.80 300.00 Email to J. Stemerman re: Draft fee application for filing on December 16. Review and revise. 12/05/24 J. Stemerman 0.10 77.50 Communications with A. Steele and M. Bates re: UST comments to RLF retention application. 12/06/24 M. Sinko 0.80 300.00 Review and revise CNO re: fee applications for filing on December 9. Draft CNO for Carson fee application. Send to J. Stemerman for review. 12/09/24 M. Sinko 1.10 412.50 Prepare CNO for Second Fee Applications for Carson and ATLLP. Confer with J. Stemerman. File with CM/ECF and serve upon 2002 list and master service list. 12/09/24 J. Stemerman 0.10 77.50 Analyze communication from D. Wilson re: JLL retention. 12/09/24 J. Stemerman 0.10 77.50 Analyze and supplement CNOs re: Carson firm and AT 2nd monthly fee applications. 12/11/24 J. Stemerman 0.10 77.50 Communications with co -counsel re: JLL retention terms. Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 6 of 9 Fee Summary Date 12/12/24 Name J. Stemerman 0.20 155.00 Telephone call with B. Carson and V. Vilaplana re: JLL retention app. 12/12/24 J. Stemerman 0.30 232.50 Analyze JLL retention application and communications with JLL, CRO and co - counsel re; same. 12/12/24 J. Stemerman 0.10 77.50 Communication with Independent Manager re: hearing date for JLL retention. 12/12/24 E. Sutty 1.60 1272.00 Revise application to retain JLL and related pleadings. 12/13/24 J. Stemerman 0.20 155.00 Call with counsel for JLL and co -counsel re: JLL retention application. 12/13/24 J. Stemerman 0.20 155.00 Call with co -counsel in advance of call with JLL counsel re; JLL retention application. 12/13/24 J. Stemerman 0.10 77.50 Communication to Judge Walrath's chambers re: hearing date on JLL retention application. 12/16/24 M. Sinko 1.50 562.50 Review and revise Certification of Counsel regarding retention of RLF with exhibits and references to Supplemental Steele Declaration. File with CM/ECF and service upon 2002 list and master service list. 12/16/24 J. Stemerman 0.10 77.50 Analyze order granting RLF retention and email to C. Sontchi, A. Steele and CRO re: same. 12/16/24 J. Stemerman 0.60 465.00 Call with counsel for JLL and co -counsel re: JLL retention. 12/19/24 M. Sinko 0.20 75.00 Review and revise ATLLP 3rd fee application and send to J. Stemerman. 12/19/24 J. Stemerman 0.20 155.00 Prepare notice of rate change re: AT rates. 12/19/24 J. Stemerman 0.20 155.00 Further supplement JLL listing agreement. 12/20/24 M. Sinko 1.00 375.00 Review and revise two (2) Notices of Rate Changes - RLF and ATLLP for filing with Court and service upon counsel/service list. 12/20/24 J. Stemerman 0.30 232.50 Analyze and supplement AT 3rd Monthly Fee Application (October time). 12/20/24 J. Stemerman 0.10 77.50 Instructions to M. Sinko re: AT and RLF notices of rare change. 12/20/24 J. Stemerman 0.10 77.50 Communication to major constituents re: AT and Carson 3rd monthly fee applications. 12/20/24 J. Stemerman 0.10 77.50 Analyze Carson notice of rate change; instructions to M. Sinko re: same. 12/20/24 J. Stemerman 0.20 155.00 Analyze JLL's counsel's revisions to listing agreement. 12/23/24 J. Stemerman 1.20 930.00 Supplement and finalize JLL retention application and related documents. 12/23/24 J. Stemerman 0.20 155.00 Communications with counsel for JLL re: JLL retention application. 12/23/24 J. Stemerman 0.30 232.50 Communications with C. Sontchi, D. Wilson and co -counsel re: JLL retention application and related documents. 12/23/24 J. Stemerman 0.30 232.50 Communications with and instructions to M. Sinko re: JLL retention application. 12/26/24 J. Stemerman 0.10 77.50 Communications with B. Carson re: Carson firm 3rd monthly fee applications. 12/27/24 M. Sinko 0.90 337.50 Prepare and file with CM/ECF Third Application for Compensation of ATLLP and Law Offices of Benjamin Carson. 12/27/24 J. Stemerman 0.10 77.50 Supplement AT 3rd Monthly Fee Application and instructions to M. Sinko re: same. 12/30/24 J. Stemerman 0.20 155.00 Analyze DWC October monthly staffing Hours Amount Narrative Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 7 of 9 Fee Summary Date Name Hours Amount Narrative report and communications with DWC and C. Sontchi re: same. 12/31/24 M. Sinko 0.60 225.00 Prepare Report by Douglas Wilson Companies of Compensation earned and expenses incurred for the period of October 1 - 31, 2024 and prepare for filing with CM/ECF and service upon counsel and service list. 12/31/24 J. Stemerman 0.10 77.50 Instructions to M. Sinko re: DWC October Sub Total Task B160 B180 -Avoidance Action Analysis 12/04/24 M. Sinko 2.20 825.00 Review and revise Adversary Complaint and draft summons and ADR notice for J. Stemerman review and prepare and file (CM/ECF) with Court. 12/04/24 J. Stemerman 0.60 465.00 Analyze and supplement adversary complaint re: converted preferred equity holders. 12/04/24 J. Stemerman 0.40 310.00 Analyze and execute 9019 motion and related documents re: converted preferred equity holders. 12/04/24 J. Stemerman 0.30 232.50 Communications with C. Sontchi, CRO and co -counsel re: 9019 motion and adversary complaint re: converted preferred equity holders. 12/05/24 J. Stemerman 0.10 77.50 Communications with C. Sontchi and co - counsel re: service of complaint re: avoidance of converted preferred liens. 12/07/24 J. Stemerman 0.10 77.50 Analyze communication from R. Green re: additional converted preferreds willing to settle. 12/12/24 M. Sinko 0.30 112.50 Review email from J. Stemerman and B. Carson re: 9019 motion. Review motion. Confer with E. Sutty re: same. 12/18/24 J. Stemerman 0.20 155.00 Analyze communication from V. Vilaplana re: City informal comments to 9019 motion re: converted preferred equity. 12/27/24 J. Stemerman 0.10 77.50 Analyze email and attachment from R. Green re: recorded liens. monthly staffing report. 14.90 8,819.50 Sub Total Task B180 4.30 2,332.50 B185 - Assumption/Rejection of Leases and Contracts 12/02/24 M. Sinko 1.60 600.00 Prepare and finalize Motion to extend deadline to assume or reject unexpired leases of non-residential real property with exhibits, file with Court (CM/ECF), calendar objection date and hearing date. D.I. 234 12/02/24 J. Stemerman 0.10 77.50 Analyze and supplement motion to extend deadline to assume/reject non-residential real property leases. 12/20/24 M. Sinko 1.00 375.00 Draft Certificate of No Objection for Debtors Motion to Extend Deadline to Assume or Reject Non-residential Leases for J. Stemerman review. 12/20/24 J. Stemerman 0.10 77.50 Analyze and supplement CNO re: motion to extend deadline to assume/reject non- residential real estate leases. Sub Total Task B185 2.80 1,130.00 B210 - Business Operations 12/23/24 J. Stemerman 0.10 77.50 Communications with F. Schuster and co- • Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 8 of 9 Fee Summary Date 12/30/24 12/31/24 Name M. Sinko J. Stemerman Hours Amount Narrative counsel re: November monthly operating reports. 1.00 375.00 Prepare and file Monthly Operating Reports for November 2024 and one updated report for SRPI for October 2024. 0.10 77.50 Instructions to M. Sinko re: November Monthly Operating Reports. Sub Total Task B210 1.20 530.00 B230 - Financing/Cash Collections 12/02/24 J. Stemerman 0.20 155.00 Communications with B. Carson re: Final DIP. 12/02/24 J. Stemerman 0.40 310.00 Analyze City proposed MOU re: Final DIP and comments from C. Sontchi and co - counsel re: same. 12/02/24 J. Stemerman 0.30 232.50 Analyze revised Final DIP budget. 12/05/24 J. Stemerman 0.20 155.00 Analyze communications from B. Carson and major constituents re: 4th interim DIP financing order. 12/06/24 M. Sinko 1.30 487.50 Review and revise draft Certification of Counsel regarding Fourth Interim Order re: postpetition secured financing. Review and redline third interim order and changes from fourth. Prepare exhibits redlined version and clean copy of order. Attach all and file through CM/ECF. 12/09/24 J. Stemerman 0.20 155.00 Analyze communications with C. Sontchi and B. Englander re: final DIP documents. 12/09/24 J. Stemerman 0.20 155.00 Telephone call with B. Carson re: Final DIP with City and next steps re; same. 12/10/24 J. Stemerman 0.40 310.00 Analyze draft motion to approve final DIP with City. 12/10/24 J. Stemerman 0.20 155.00 Analyze fully executed MOU and term sheet with City re: DIP. 12/12/24 M. Sinko 2.50 937.50 Review and revise DIP motion and prepare proposed order and exhibits to motion (Declarations Sontchi and Wilson) and secured creditors. 12/12/24 J. Stemerman 0.50 387.50 Analyze, supplement and execute Final DIP Motion and analyze related documents. 12/12/24 J. Stemerman 0.10 77.50 Final DIP motion. 12/12/24 J. Stemerman 0.20 155.00 Analyze COC re: RLF retention and related documents. 12/12/24 J. Stemerman 0.40 310.00 Further communications iwth co -counsel, Independent Manager, CRO and A. Steele re: final DIP Motion and related documents. 12/12/24 J. Stemerman 0.20 155.00 Instructions to and communications with M. Sinko re: Final DIP motion and service re: same. 12/16/24 J. Stemerman 0.30 232.50 Telephone call with M. Bates re: final DIP motion. 12/17/24 J. Stemerman 0.20 155.00 Analyze communications from Cypress re: request for DIP continuance (.1); communications with co -counsel re: same (.1). 12/27/24 J. Stemerman 0.20 155.00 Prepare re -notice of DIP hearing and instructions to M. Sinko re; same. 12/27/24 J. Stemerman 0.40 310.00 Analyze additional service parties re: Final DIP motion. Sub Total Task B230 8.40 4,990.00 B250 - Real Estate Case 24-11647-MFW Doc 355-3 Filed 02/19/25 Page 9 of 9 Fee Summary Date Hours Amount Narrative Name 12/29/24 J. Stemerman 0.20 155.00 Analyze communication from M. Vives re: title report analysis. Sub Total Task B250 0.20 155.00 B310 — Claims Administration and Objections 12/02/24 E. Sutty 1.20 954.00 Draft JLL retention. 12/12/24 M. Sinko 0.20 75.00 Analyze Proof of Claim filed RGC PA 789, LLC - creditor RAF Pacifica Loan Opportunity Fund I, LLC; email to J. Stemerman re: same. 12/27/24 M. Sinko 0.20 75.00 Email to J. Stemerman Proof of Claim filed on behalf of Deere & Company. Sub Total Task B310 1.60 1,104.00 B320 — Plan And Disclosure Statement (including Business Plan) 12/02/24 J. Stemerman 0.30 232.50 Analyze and supplement exclusivity motion. 12/26/24 J. Stemerman 0.20 155.00 Analyze communications from major constituents re: revised exclusivity order and communications with B. Carson and A. Steele re: same. 12/27/24 J. Stemerman 0.10 77.50 Communications with UST re: exclusivity order. 12/30/24 J. Stemerman 0.10 77.50 Analyze entry of order extending exclusivity period and communication to Chris Sontchi, CRO and co -counsel re: same. Sub Total Task B320 0.70 542.50 Total Hours 63.00 Total Services 33,473.00 Disbursement Summary Date Cost E107 Delivery Services/Messengers 12/03/24 CourierService— VENDOR: Parcels, Inc.; INVOICE#: 1112998; DATE: 11/21/2024 Sub Total E107 Total Disbursements Matter Total for Invoice Amount 4,073.65 4,073.65 4,073.65 37,546.65 Attorney/Paralegal Summary Name M. Sinko J. Stemerman E. Sutty Total Rate Hours Amount 375.00 775.00 795.00 38.70 14,512.50 17.90 13,872.50 6.40 5,088.00 63.00 33,473.00