2024-12-27 3rd Monthly Application for Reimbursement - Carson (Doc 263)Case 24-11647-MFW Doc 263 Filed 12/27/24 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: January 17, 2025 at 4:00 p.m.
(ET)
SUMMARY OF THIRD 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 OCTOBER 1, 2024, THROUGH OCTOBER 31, 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)
October 1, 2024 through October 31 30, 2024
$63,562.50
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 263 Filed 12/27/24 Page 2 of 8
This is a: X monthly final application
This application includes 2.1 hours and $980 in fees incurred in connection with the
preparation of Fee Applications.
Prior applications: N A
Case 24-11647-MFW Doc 263 Filed 12/27/24 Page 3 of 8
COMPENSATION BY INDIVIDUAL
Name of
Professional Person
Position of the Applicant,
Number of Years in that
Position, Prior
Relevant Experience, Year of
Obtaining License to Practice,
Area of Expertise
Hourly
Billing
Rate ($)
Total
Billed
Hours
Total
Compensation ($)
Benjamin M. Carson
Attorney, licensed to
practice since 2012, with
expertise in commercial
bankruptcy and
restructuring.
$375.00
83.7
$31,387.50
Victor A. Vilaplana
Senior Counsel, licensed to
practice since 1973, with
expertise in commercial
bankruptcy and
restructuring.
$650.00
49.50
$32,175.00
Case 24-11647-MFW Doc 263 Filed 12/27/24 Page 4 of 8
COMPENSATION BY PROJECT CATEGORY
Project Category
Total Hours
Total Fees ($)
Meetings of and Cominunications with Creditors
18.8
$7,985.00
Budgeting
1
$512.50
Case Administration
104.9
$51,272.50
Professional Employment Application
2.1
$980.00
Litigation
4
$1,747.50
Business Operations
1.6
$710.00
Analysis/Strategy
0.8
$355.00
TOTAL
133.2
$63,562.50
4
Case 24-11647-MFW Doc 263 Filed 12/27/24 Page 5 of 8
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: January 17, 2025 at 4:00 p.m. (ET)
THIRD 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
OCTOBER 1 THROUGH OCTOBER 31 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 Tune 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,
the "Debtors"), in the amount of $63,562.50, for the period from October 1, 2024 through and
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 263 Filed 12/27/24 Page 6 of 8
including October 31, 2024 (the "Monthly Fee Period"). In support of this Application, Firm
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.
2. Pursuant to the Retention Order, Firm 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 Firm to be compensated on an hourly basis and to be reimbursed
for actual and necessary out-of-pocket expenses.
3. All services for which compensation is requested herein by Firm were performed
for or on behalf of the Debtors.
SUMMARY OF SERVICES RENDERED
4. Attached hereto as Exhibit A is a detailed statement of fees incurred during the
Monthly Fee Period, showing the amount of $63,562.50 due for fees.
5. The services rendered by Firm during the Monthly Fee Period are grouped into the
categories set forth in Exhibit A. The attorneys, Benjamin M. Carson ("Carson") and Victor A.
Vilaplana ("Vilaplana") 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. Firm has not incurred out-of-pocket disbursements during the Monthly Fee Period.
t.)
Case 24-11647-MFW Doc 263 Filed 12/27/24 Page 7 of 8
VALUATION OF SERVICES
7. Attorneys Carson and Vilaplana have collectively expended a total of 133.2 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
$63,562.50.
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 October 1, 2024 through and including
October 31, 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 263 Filed 12/27/24 Page 8 of 8
CONCLUSION
WHEREFORE, Firm requests that allowance be made to it in the sum of $63,562.50 as
compensation for necessary professional services rendered to the Debtors for the Monthly Fee
Period and requests such other and further relief as the Court may deem just and proper.
Dated: December 27, 2024 The Law Offices of Benjamin M. Carson, P.C.
San Diego, CA
/s/Benjamin M. Carson
Benjamin Ni. Carson (No. 283611)
Victor A. Vilaplana (No. 58535 )
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
8
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 1 of 24
Exhibit A
4
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 2 of 24
LAW OFFICES OF BENJAMIN M. CARSON, P.C.
5965 Village Way Ste E105
San Diego, CA 92130
Phone: 1-858-255-4529
Email: ben@benjamincarsonlaw.com
https: www.benjamincarsonlaw.com/
SilverRock Development Company, LLC
343 Fourth Ave
San Diego, California 92101
Date Employee Type
Description
Invoice # 3 - SR -DC
Date: 10/01/2024
Due On: 10/31/2024
Hours Rate Total
10/01/2024 BC Service Case Administration: SR -DC - 0.20 $375.00 $75.00
Communicated with counsel for 'ity of La
Quinta and Cypress regardir p. 1g
SARE motion.
10 01 2024 BC Service Case Administrative R-L ' - Discuss-d 1.60 $375.00 $600.00
the upcoming meetint Iviujor
Constituent creditors wt. 'cut and
bankruptcy-•ounsel.
10 01 2024 BC Service Litigation: SR D( - . .arched SOL as it 0.20 $375.00 $75.00
re' ' to filing of fraudulent transfer action
again. 2ypress '-ii.
10 01 2024 BC Service , Adnu,,,.;tration: SR -DC - Edited and 0.20 $375.00 $75.00
disc d with client and bankruptcy co-
ounsc , contents of letter to be sent out to
iajor Constituent creditors.
10'01 2024 BC Servic Case Administration: SR -DC - Prepared 0.30 $375.00 $112.50
and dispatched communication to Major
Constituent counsel regarding upcoming
meeting.
10 012024 BC Service Litigation: SR -DC - Worked on fraudulent 0.50 $375.00 $187.50
transfer complaint challenging validity of
secured creditor lien.
10/01/2024 BC
10/01/2024 BC
Service Case Administration: SR -DC - Discussed 0.20 $375.00 $75,00
preparation of final DIP Order with
bankruptcy co -counsel.
Service Case Administration: SR -PI - Back and 0.70 $375.00 $262.50
forth communication with US Trustee and
bankruptcy co -counsel regarding providing
redacted documents requested by UST to
Page 1 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 3 of 24
motion to dismiss.
10/01/2024 VV
Service Case Administration: SR -PI - 0.70 $650.00 $455.00
Communication with US Trustee,
bankruptcy co -counsel regarding provision
of redacted documents requested by UST to
motion to dismiss.
10/01/2024 VV Service Case Administration: SR -DC - Strategized 0.20 $650.00 $130.00
for final DIP Order.
10/01/2024 VV Service Case Administration: SR -DC - Strategized 1.60 $650.00 $1,040.00
on upcoming meeting with Major
Constituent creditors.
10/01/2024 VV
10/01/2024 VV
Service Case Administration: SR -DC - Reviewed 0.30 $650.00 $195.00
fraudulent transfer complaint challenging
validity of secured creditor lien.
Service Case Administration: SR -DC - Strategized 0.20 $650.00 $130.00
and reviewed contents of letter to be sent
out to Major Constituent creditors.
10/02/2024 BC
Service Meetings of and Communications with 1.50 $375.00 $562.50
Creditors: SR -DC - Weekly update call
with major constituents.
10/02/2024 BC
Service Case Administration: SR -DC - Recapped 0.70 $375.00 $262.50
call with Major Constituents with client and
bankruptcy co -counsel.
10/02/2024 BC
Service Case Administration: SR -DC - Discussed 0.80 $375.00 $300.00
appropriate response to UST's motion to
dismiss or appoint a Chapter 11 Trustee
with client and bankruptcy co -counsel.
10/02/2024 BC
Service Meetings of and Communications with 1.10 $375.00 $412.50
Creditors: SR -DC - Back and forth
communication with counsel for UST,
counsel for secured creditor, client, and
bankruptcy co -counsel regarding providing
certain redacted Conversion Agreements to
UST pertaining to motion to dismiss.
10/02/2024 BC
10/02/2024 BC
Service Business Operations: SR -PI - Business 0.30 $375.00 $112.50
Operations - Reviewed 1099 consulting
agreement to continue retaining services of
Debtor's prior CRO.
Service Business Operations: SR -PI - Discussed 0.30 $375.00 $112.50
immediate DIP funding needs with client
and bankruptcy co -counsel.
10/02/2024 BC Service Meetings of and Communications with
Creditors: SR -PI - Discussed loan docs
0.10 $375.00 $37.50
Page 2 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 4 of 24
attendant to term sheet and interim order
with counsel for City of La Quinta.
10/02/2024 BC
10/02/2024 VV
Service Case Administration: SR -PI - Worked on 0.50 $375.00 $187.50
draft of final DIP Order with City of La
Quinta.
Service Case Administration: SR -DC - Reviewed 0.70 $650.00 $455.00
and Strategized about call with Major
Constituents.
10/02/2024 VV
Service Case Administration: SR -DC - Strategized 0.40 $650.00 $260.00
appropriate response to UST's motion to
dismiss or appoint a Chapter 11 Trustee.
10/02/2024 VV
Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00
on providing certain redacted Conversion
Agreements to UST pertaining to motion to
dismiss.
10/02/2024 VV
Service Business Operations: SR -PI - Business 0.10 $650.00 $65.00
Operations - Analyzed and reviewed 1099
consulting agreement to continue retaining
services of Debtor's prior CRO.
10/02/2024 VV
Service Case Administration: SR -PI - Reviewed 0.30 $650.00 $195.00
draft of final DIP Order with City of La
Quinta.
10/03/2024 BC
Service Case Administration: SR -DC - Strategized 2.20 $375.00 $825.00
with client and bankruptcy co -counsel in
wake of secured creditors' changed position
on CRO Order and possibility of appointing
independent director of Debtors.
10/03/2024 BC
Service Case Administration: SR -DC - Finalized 0.20 $375.00 $75.00
revised draft of final DIP financing order
for review by Major Constituents and City
of La Quinta counsel.
10/03/2024 BC
10/03/2024 VV
Service Case Administration: SR -LIFE - Reviewed 0.20 $375.00 $75.00
redaction of preferred equity conversion
agreement provided by counsel for secured
creditor.
Service Case Administration: SR -DC - Strategized 1.50 $650.00 $975.00
on CRO Order and possibility of appointing
independent director of Debtors.
10/03/2024 VV
Service Case Administration: SR -DC - Reviewed 0.20 $650.00 $130.00
rough draft of final DIP financing order for
review by Major Constituents and City of
La Quinta counsel.
10/03/2024 VV
Service Case Administration: SR -LIFE - Analyzed 0.20 $650.00 $130.00
Page 3 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 5 of 24
redaction of preferred equity conversion
agreement provided by counsel for secured
creditor.
10/04/2024 BC
10/04/2024 BC
Service Case Administration: SR -DC - Researched 0.30 $375.00 $112.50
case law pertaining to opposition to
Cypress, Builders, and Poppy SARE
motion.
Service Case Administration: SR -DC - 0.20 $375.00 $75.00
Communicated with bankruptcy co -counsel
regarding upcoming opposition to SARF.
motion.
10/04/2024 BC
Service Case Administration: SR -DC - 0.20 $375.00 $75.00
Communicated with bankruptcy co -counsel
regarding complaint to set aside secured
creditor's lien.
10/04/2024 BC
Service Case Administration: SR -DC - 0.10 $375.00 $37.50
Communicated with counsel for secured
creditor regarding possible adjournment of
upcoming SARE motion.
10/04/2024 BC
10/04/2024 BC
Service Case Administration: SR -LIFE - Discussed 1.70 $375.00 $637.50
issues pertaining to possible appointment of
independent director to Debtors with client
and bankruptcy co -counsel.
Service Case Administration: SR -LIFE - Discussed 0.70 $375.00 $262.50
issues pertaining to possible appointment of
independent director to Debtors with
counsel for City of La Quinta.
10/04/2024 BC
Service Case Administration: SR -LIFE - Reviewed 0.30 $375.00 $112.50
Debtor's operating agreement pertaining to
provisions of amendment, voting, and
powers of Manager.
10/04/2024 BC
10/04/2024 BC
10/04/2024 BC
10/04/2024 VV
Service Case Administration: SR -PI - Discussed 0.70 $375.00 $262.50
status of case with client, principal for
secured creditor, and counsel for secured
creditor.
Service Case Administration: PA789 - Completed
redaction of conversion agreement prior to
transmission to office for US Trustee.
0.30 $375.00 $112.50
Service Case Administration: PA789 - Transmitted 0.10 $375.00 $37.50
redacted copies of secured creditor's
conversion agreement to counsel for US
Trustee.
Service Case Administration: SR -DC - Strategized
on upcoming opposition to SARE motion.
0.20 $650.00
$130.00
Page 4 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 6 of 24
10/04/2024 VV
Service Case Administration: SR -DC - Strategized 0.20 $650.00 $130.00
on complaint to set aside secured creditor's
lien.
10/04/2024 VV
Service Case Administration: SR -DC - Strategized 0.10 $650.00 $65.00
on possible adjournment of upcoming
SARE motion.
10/04/2024 VV
Service Case Administration: SR -LIFE -
Strategized and reviewed issues pertaining
to possible appointment of independent
director to Debtors.
1.70 $650.00 $1,105.00
10/04/2024 VV
Service Case Administration: SR -LIFE - 0.70 $650.00 $455.00
Strategized and reviewed issues pertaining
to possible appointment of independent
director to Debtors with counsel for City of
La Quinta.
10/04/2024 'VV
Service Case Administration: SR -LIFE - Analyzed 0.20 $650.00 $130.00
Debtor's operating agreement pertaining to
provisions of amendment, voting, and
powers of Manager.
10/04/2024 VV
Service Case Administration: PA789 - Reviewed 0.20 $650.00 $130.00
redaction of conversion agreement prior to
transmission to office for US Trustee.
10/05/2024 BC
Service Professional Employment Application: SR- 0.70 $375.00 $262.50
LUX - Worked through draft of Carson and
Vilaplana fee application.
10/05/2024 BC
Service Budgeting: PA789 - Discussed potential 0.50 $375.00 $187.50
new DIP financing opportunities with client
and bankruptcy co -counsel.
10/05/2024 VV
Service Professional Employment Application: SR- 0.30 $650.00 $195.00
LUX - Reviewed draft of Carson and
Vilaplana fee application.
10/05/2024 VV Service Budgeting: PA789 - Strategized on
potential new DIP financing opportunities.
10/06/2024 BC Service Case Administration: PA789 - Discussed
entry of possible new bidder for SilverRock
project opportunity with client and
bankruptcy co -counsel.
10/06/2024 BC
0.50 $650.00 $325.00
0.50 $375.00 $187.50
Service Case Administration: PA789 - Recapped 0.30 $375.00 $112.50
CRO's recent discussion with party
previously involved with project seeking to
become stalking horse bidder.
10i06i2024 VV Service Case Administration: PA789 - Strategized 0.30 $650.00 $195.00
on entry of possible new bidder for
Page 5 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 7 of 24
SilverRock project opportunity with client
and bankruptcy co -counsel.
10/06/2024 VV
Service Case Administration: PA789 - Analyzed 0.30 $650.00 $195.00
CRO's recent discussion with party
previously involved with project seeking to
become stalking horse bidder.
10/07/2024 BC
10/07/2024 BC
Service Case Administration: SR -DC - With 0.50 $375.00 $187.50
bankruptcy co -counsel, prepared agenda for
upcoming meeting with Major
Constituents.
Service Meetings of and Communications with
Creditors: SR -DC - Communicated with
proponents of SAKE motion on possible
adjournment.
10/07/2024 BC
0.30 $375.00 $112.50
Service Case Administration: SR -DC - With 0.30 $375.00 $112.50
bankruptcy co -counsel and client, discussed
possibility of independent manager
appointment to resolve UST's objection to
CRO Order under J Alix Protocol.
10/07/2024 VV
Service Case Administration: SR -DC - Reviewed 0.30 $650.00 $195.00
and strategized agenda for upcoming
meeting with Major Constituents.
10/07/2024 VV
10/08/2024 BC
Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00
on the possibility of independent manager
appointment to resolve UST's objection to
CRO Order under J Alix Protocol.
Service Meetings of and Communications with 1.10 $375.00 $412.50
Creditors: SR -DC - Held weekly update
call with Major Constituents.
10/08/2024 BC
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -DC - Follow-up call with
counsel for secured creditors regarding
SARE motion and proposed final DIP
terms.
10/08/2024 BC
10/08/2024 BC
Service Case Administration: SR -DC - Reviewed 0.50 $375.00 $187.50
LLC operating agreements on mechanism
for possibly substituting in a new manager.
Service Meetings of and Communications with 0.30 $375.00 $112.50
Creditors: SR -DC - Reviewed mechanism
for possibly substituting in new manager of
LLCs with bankruptcy co -counsel and
counsel for City of La Quinta.
10/08/2024 VV Service Case Administration: SR -DC - Analyzed
LLC operating agreements on mechanism
0.30 $650.00 $195.00
Page 6 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 8 of 24
for possibly substituting in a new manager.
10/08/2024 VV
Service Meetings of and Communications with 0.20 $650.00 $130.00
Creditors: SR -DC - Analyzed mechanism
for possibly substituting in new manager of
LLCs with bankruptcy co -counsel and
counsel for City of La Quinta.
10/09/2024 BC
10/09/2024 BC
Service Business Operations: SR -PI - Discussed 0.30 $375.00 $112.50
mechanics of setting up new DIP bank
account pursuant to cash management
order.
Service Case Administration: SR -PI - Edited 0.30 $375.00 $112.50
application on 1st request for interim fees.
10/09/2024 BC
Service Case Administration: SR-LOD - Worked 0.30 $375.00 $112.50
through initial draft of bid procedures
motion.
10/09/2024 BC
Service Case Administration: SR-LOD - Worked 0.30 $375.00 $112.50
through initial draft of broker retention
motion.
10/09/2024 VV
Service Business Operations: SR -PI - Reviewed 0.30 $650.00 $195.00
and analyzed mechanics of setting up new
DIP bank account pursuant to cash
management order.
10/09/2024 VV
Service Case Administration: SR -PI - Reviewed 0.20 $650.00 $130.00
rough draft application on 1st request for
interim fees.
10/09/2024 VV Service Case Administration: SR-LOD - Reviewed 0.20 $650.00 $130.00
rough draft of bid procedures motion.
10/10/2024 BC Service Litigation: SR -DC - Discussed fraudulent 0.20 $375.00 $75.00
transfer complaint against preferred equity
holders converted into secured creditors.
10/10 2024 BC Service Case Administration: SR -DC - Reviewed 0.30 $375.00 $112.50
draft loan agreement for final DIP facility
between Debtors and City of La Quinta.
10/10 2024 BC Service Case Administration: SR -DC - Discussed 1.70 $375.00 $637.50
loan docs and upcoming hearing on DIP
order with bankruptcy co -counsel and
counsel for City of La Quinta.
10/10/2024 BC
Service Case Administration: SR -DC - Discussed 0.20 $375.00 $75.00
UST decision to adjourn appointment/
dismissal hearing with bankruptcy co -
counsel and counsel for Major
Constituents.
Page 7 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 9 of 24
10/10/2024 BC
10/10/2024 VV
Service
Service
Professional Employment Application: SR -
DC - Finalized fee application for filing.
0.70 $375.00 $262.50
Litigation: SR -DC - Strategized on
fraudulent transfer complaint against
preferred equity holders converted into
secured creditors.
0.20 $650.00 $130.00
10/10/2024 VV
Service Case Administration: SR -DC - Analyzed 0.30 $650.00 $195.00
draft loan agreement for final DIP facility
between Debtors and City of La Quinta.
10/10/2024 VV
Service Case Administration: SR -DC - Strategized
on loan docs and upcoming hearing on DIP
order.
10/10/2024 VV
1.70 $650.00 $1,105.00
Service Case Administration: SR -DC - Analyzed 0.20 $650.00 $130.00
and strategized on UST decision to adjourn
appointment/dismissal hearing.
10/10/2024 VV
Service Professional Employment Application: SR- 0.40 $650.00 $260.00
DC - Reviewed and analyzed finalized fee
application for filing.
10/11/2024 BC
Service Meetings of and Communications with 1.40 $375.00 $525.00
Creditors: SR -PI - Back and forth
communication with client, bankruptcy co -
counsel, and counsel for the City regarding
City's proposed changes to 2nd interim DIP
Order.
10/11/2024 BC Service Business Operations: SR -PI - Discussed
draw request process for interim DIP
amount with City with client.
0.30 $375.00
$112.50
10/11/2024 BC Service Case Administration: SR -PI - Reviewed 0.80 $375.00 $300.00
and redlined contracts with R.D. Olson for
site clean-up.
10/11/2024 BC
10/11/2024 BC
10/11/2024 VV
Service Case Administration: SR -PI - Edited fee 0.20 $375.00 $75.00
application prior to circulating to Major
Constituents.
Service Meetings of and Communications with 0.30 $375.00 $ l 12.50
Creditors: SR -DC - Communicated with
counsel for large previously prefensed
equity holder regarding voluntarily
reconveying deed of trust and cancelling
issued promissory note.
Service Meetings of and Communications with 1.00 $650.00 $650.00
Creditors: SR -PI - Strategized on proposed
changes to 2nd interim DIP Order.
10/11/2024 VV Service Case Administration: SR -PI - Analyzed and 0.30 $650.00 $195.00
Page 8 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 10 of 24
reviewed redlined contracts with R.D.
Olson for site clean-up.
10/11/2024 VV
10/12/2024 BC
Service Case Administration: SR -PI - Reviewed fee 0.20 $650.00 $130.00
application prior to circulating to Major
Constituents.
Service Case Administration: PA789 - Worked on 1.30 $375.00 $487.50
compliant to undo various conversion
agreements from preferred equity to
secured debt filed pre -bankruptcy.
10/12/2024 VV
10/13/2024 BC
Service Case Administration: PA789 - Strategized 0.50 $650.00 $325.00
on compliant to undo various conversion
agreements from preferred equity to
secured debt filed pre -bankruptcy.
Service Case Administration: SR-LOD - Prepared 0.30 $375.00 $112.50
agenda for upcoming meeting with Major
Constituents.
10/13/2024 BC
Service Case Administration: SR-LOD - Reviewed 0.30 $375.00 $112.50
agenda for upcoming meeting with Major
Constituents with client and bankruptcy co -
counsel.
10/13/2024 BC
10/13/2024 VV
Service Case Administration: SR -PI - Reviewed 0.20 $375.00 $75.00
revised DIP Budget to be attached to
proposed 2nd interim DIP Order.
Service Case Administration: SR -PI - Worked 1.10 $650.00 $715.00
through draft of bid procedures motion.
10/13/2024 BC
Service Case Administration: SR-LOD - Edited 0.30 $375.00 $112.50
draft of bid procedures motion.
10/13/2024 VV
10/13/2024 VV
10/13/2024 VV
Service Case Administration: SR-LOD - Analyzed 0.30 $650.00 $195.00
and reviewed agenda for upcoming meeting
with Major Constituents.
Service Case Administration: SR -PI - Analyzed and 0.10 $650.00 $65.00
reviewed revised DIP Budget to be attached
to proposed 2nd interim DIP Order.
Service Case Administration: SR-LOD - Reviewed 0.10 $650.00 $65.00
and analyzed edited draft of bid procedures
motion.
10/14/2024 BC
Service Meetings of and Communications with 0.10 $375.00 $37.50
Creditors: SR -PI - Discussed status of
claim with counsel for unsecured creditor.
10/14/2024 BC Service Case Administration: SR -DC - Discussed 0.30 $375.00 $112.50
presentation of draft agenda to Major
Constituents with client and bankruptcy co -
Page 9 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 11 of 24
counsel.
10/14/2024 BC
Service Case Administration: SR -DC - Discussed 0.80 $375.00 $300.00
multiple updates on bankruptcy case with
Major Constituents, most prominently
status of SARE motion and UST motion to
dismiss.
10/14/2024 BC Service Case Administration: SR -DC - Edited most
recent draft of 2nd interim DIP order
following City of La Quinta feedback.
10/14/2024 BC
0.50 $375.00 $187.50
Service Meetings of and Communications with
Creditors: SR -DC - Back and forth
communication on status of 2nd Interim
DIP Order with counsel for City of La
Quinta, bankruptcy co -counsel, and client.
10/14/2024 BC
10/14/2024 VV
10/14/2024 VV
1.30 $375.00
$487.50
Service Case Administration: SR -DC - Discussed
presentation of issues pertaining to DIP
order at upcoming Court hearing with client
and bankruptcy co -counsel.
0.30 $375.00 $112.50
Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00
on presentation of draft agenda to Major
Constituents.
Service Case Administration: SR -DC - Analyzed 0.30 $650.00 $195.00
and reviewed rough final draft of 2nd
interim DIP order following City of La
Quinta feedback.
10/14/2024 VV
Service Meetings of and Communications with 0.80 $650.00 $520.00
Creditors: SR -DC - Strategized and
reviewed on the status of 2nd Interim DIP
Order.
10/14/2024 VV Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00
on the presentation of issues pertaining to
DIP order at upcoming Court hearing.
10/15/2024 BC Service Case Administration: SR -DC - Prepared 2.30 $375.00 $862.50
for, attended, and recapped with client and
bankruptcy co -counsel omnibus hearing
and related matters.
10/15/2024 BC
10;15,2024 BC
Service Litigation: SR -DC - Worked on draft of 1.90 $375.00 $712.50
avoidance and fraudulent transfer
complaint.
Service Litigation: SR -DC - Discussed avoidance 0.30 $375.00 $112.50
and fraudulent transfer complaint issues
with client.
10/15/2024 BC Service Case Administration: SR -DC - Reviewed 0.30 $375.00 $112.50
Page 10 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 12 of 24
bankruptcy co -counsel's draft of bid
procedures motion.
10/15/2024 BC
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -PI - Discussed resolution to
secured creditor's limited objection to 2nd
interim DIP Order with bankruptcy co -
counsel counsel for secured creditor.
10/15/2024 BC
Service Meetings of and Communications with 0.30 $375.00 $112.50
Creditors: SR -PI - Discussed resolving
objection to 2nd interim DIP order with
counsel for City of La Quinta.
10/15/2024 BC
Service Case Administration: SR -PI - Reviewed 0.30 $375.00 $112.50
potential options for hiring broker with
client and bankruptcy co -counsel.
10/15/2024 BC
Service Case Administration: SR -PI - Reviewed 0.20 $375.00 $75.00
bankruptcy co -counsel's draft of motion to
retain real estate broker.
10/15/2024 VV
Service Case Administration: SR -PI - Drafted bid 1.80 $650.00 $1,170.00
procedures motion.
10/15/2024 BC
10/15/2024 VV
Service Case Administration: SR -LUX - With 0.70 $375.00 $262.50
client, reviewed status of multiple state
court lawsuits stayed due to bankruptcy and
potential claims arising thereof.
Service Case Administration: SR -DC - Strategized 1.20 $650.00 $780.00
on the omnibus hearing and related matters.
10/15/2024 VV
10/15/2024 VV
10/15/2024 VV
Service Litigation: SR -DC - Analyzed and 0.70 $650.00 $455.00
reviewed draft of avoidance and fraudulent
transfer complaint.
Service Meetings of and Communications with 0.30 $650.00 $195.00
Creditors: SR -PI - Strategized on a
resolution to secured creditor's limited
objection to 2nd interim DIP Order.
Service Case Administration: SR -PI - Strategized 0.20 $650.00 $130.00
on potential options for hiring broker.
10/15/2024 VV
Service Case Administration: SR -PI - Drafted
motion to retain real estate broker.
0.50 $650.00 $325.00
10/16/2024 BC
Service Case Administration: SR -DC - Provided 0.30 $375.00 $112.50
update to CRO on multiple
communications following Court hearing
prior day.
10/16/2024 BC Service Case Administration: SR -DC - Reviewed 0.30 $375.00 $112.50
City edits to 2nd interim DIP Order.
Page 11 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 13 of 24
10/16/2024 BC
Service Case Administration: SR -DC - Reviewed 0.20 $375.00 $75.00
client edits to amended budget attached to
2nd interim DIP order.
10/16/2024 BC
10/16/2024 VV
Service Case Administration: SR -DC - Discussed 0.20 $375.00 $75.00
changes to 2nd interim DIP order and
attached budget with bankruptcy co -
counsel.
Service Case Administration: SR -DC - Analyzed
and reviewed City edits to 2nd interim DIP
Order.
10/16/2024 VV Service Case Administration: SR -DC - Analyzed
and reviewed edits to amended budget
attached to 2nd interim DIP order.
10/16/2024 VV
10/17/2024 BC
0.20 $650.00 $130.00
0.20 $650.00 $130.00
$130.00
Service Case Administration: SR -DC - Strategized
on changes to 2nd interim DIP order and
attached budget.
0.20 $650.00
Service Case Administration: SR -PI - Call with 0.30 $375.00 $112.50
client and bankruptcy co -counsel on agenda
for upcoming meeting with proposed
independent manager of debtors.
10/17/2024 BC
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -PI - Call with counsel for
City of La Quinta on upcoming meeting
with Independent Manager and officials
from City.
10/17/2024 BC
Service Case Administration: PA789 - Discussed 0.30 $375.00 $112.50
strategy for obtaining updated appraisal of
real property with client and bankruptcy co -
counsel.
10/17/2024 BC
Service Meetings of and Communications with 0.20 $375.00 $75.00
Creditors: PA789 - Discussed withdrawal
of objection to recently filed DIP order with
counsel for secured creditor.
10/17/2024 BC
Service Meetings of and Communications with 0.30 $375.00 $112.50
Creditors: PA789 - With bankruptcy co -
counsel, communicated with counsel for
secured creditor regarding upcoming
meeting with potential independent
manager and counsel for City of La Quinta.
10/17/2024 BC
Service Case Administration: SR-LOD - Discussed 0.50 $375.00 $187.50
status of various state court lawsuits
presently stayed against debtors with client
and client's prior state court litigation
counsel.
Page 12 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 14 of 24
10/17/2024 VV
Service Case Administration: SR -PI - Strategized 0.30 $650.00 $195.00
on agenda for upcoming meeting with
proposed independent manager of debtors.
10/17/2024 VV
Service Case Administration: PA789 - Strategized 0.30 $650.00 $195.00
on obtaining updated appraisal of real
property.
10/17/2024 VV
10/18/2024 BC
Service Meetings of and Communications with 0.30 $650.00 $195.00
Creditors: PA789 - Strategized regarding
upcoming meeting with potential
independent manager and counsel for City
of La Quinta.
Service Case Administration: SR -DC - Prepared
for, attended, and recapped with client
detailed meeting with independent director
intending oversee Debtor's management.
10/18/2024 VV
6.00 $375.00 $2,250.00
Service Case Administration: SR -DC - Planned and 6.00 $650.00 $3,900.00
prepared for, attended, and recapped with
client detailed meeting with independent
director intending oversee Debtor's
management.
10/19/2024 BC
10/19/2024 BC
Service Case Administration: SR -DC - Recapped 0.50 $375.00 $187.50
prior meeting with proposed independent
manager and reviewed immediate needs in
bankruptcy case with bankruptcy co -
counsel.
Service Case Administration: SR -DC - Discussed 0.70 $375.00 $262.50
mechanics of bringing new independent
manager on board with client and counsel
for independent manager.
10/19/2024 VV
Service Case Administration: SR -DC - Analyzed 0.50 $650.00 $325.00
and reviewed recapped prior meeting with
proposed independent manager and
reviewed immediate needs in bankruptcy
case.
10/19/2024 VV Service Case Administration: SR -DC - Analyzed 0.50 $650.00 $325.00
and reviewed steps of bringing new
independent manager on board.
10/20/2024 BC Service Case Administration: SR -DC - Strategized 0.20 $375.00 $75.00
on preparation of application for claims bar
date with bankruptcy co -counsel.
10/20/2024 BC Service Case Administration: SR -DC - Discussed 0.20 $375.00 $75.00
powers of Manager under Operating
Agreement with counsel for independent
manager.
Page 13 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 15 of 24
10/20/2024 VV
Service Case Administration: SR -DC - Strategized
on preparation of application for claims bar
date.
10/21/2024 BC
0.20 $650.00 $130.00
Service Case Administration: SR -PI - Discussion 0.50 $375.00 $187.50
with client, bankruptcy co -counsel, and
counsel for City on possible stay violation
committed by vendor of Debtor's.
10/21/2024 BC
10/21/2024 BC
Service Case Administration: SR -PI - With client
and bankruptcy co -counsel, discussed
necessary clarification to existing DIP order
to provide interim funding for Debtor's
prior CFO.
0.30 $375.00 $112.50
Service Case Administration: SR-LOD - Discussed 0.70 $375.00 $262.50
preparation of application for claims bar
date with bankruptcy co -counsel.
10/21/2024 BC
10/21/2024 BC
10/21 2024 VV
10/21 2024 VV
Service Case Administration: SR -PI - Reviewed 0.50 $375.00 $187.50
final copies of Monthly operating reports
and supporting financials before filing.
Service Meetings of and Communications with 0.70 $375.00 $262.50
Creditors: SR -DC - Discussed pending loan
docs and pending appointment of
independent manager with counsel for City
of La Quinta and bankruptcy co -counsel.
Service Case Administration: SR -PI - Strategized 0.50 $650.00 $325.00
on possible stay violation committed by
vendor of Debtor's.
Service Case Administration: SR -PI - Strategized 0.30 $650.00 $195.00
on necessary clarification to existing DIP
order to provide interim funding for
Debtor's prior CFO.
10:21/2024 VV
Service Case Administration: SR-LOD -
Strategized on preparation of application
for claims bar date.
10/21/2024 VV
10/22/2024 BC
10/22/2024 BC
0.50 $650.00 $325.00
Service Meetings of and Communications with
Creditors: SR -DC - Strategized on pending
loan docs and pending appointment of
independent manager.
0.50 $650.00
$325.00
Service Case Administration: SR -DC - Discussed
strategy for addressing upcoming UST
motion to dismiss or appoint Ch 11 trustee
with client and bankruptcy co -counsel.
0.50 $375.00
$187.50
Service Case Administration: SR -DC - Discussed 0.50 $375.00 $187.50
strategy for addressing upcoming SARE
motion with client and bankruptcy co -
Page 14 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 16 of 24
10/22/2024 BC
counsel.
Service Case Administration: SR -DC - Reviewed 0.30 $375.00 $112.50
proposed changes made to loan documents
by counsel for secured creditor.
10/22/2024 BC
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -DC - Discussed recent
changes made to loan documents by
counsel for secured creditor with counsel
for City of La Quinta.
10/22/2024 BC
Service Case Administration: SR -DC - Discussed 1.10 $375.00 $412.50
response strategy to counsel for secured
creditor and City of La Quinta, with client
and bankruptcy co -counsel, regarding
recently proposed changes to final DIP loan
docs.
10/22/2024 VV
10/22/2024 VV
10/22/2024 VV
Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00
on addressing upcoming UST motion to
dismiss or appoint Ch 11 trustee.
Service Case Administration: SR -DC - Strategized 0.50 $650.00 $325.00
on addressing upcoming SARE motion.
Service Case Administration: SR -DC - Strategized 0.80 $650.00 $520.00
on response to counsel for secured creditor
and City of La Quinta, regarding recently
proposed changes to final DIP loan docs.
10/23/2024 BC
10/23/2024 BC
10/23/2024 BC
10/23/2024 BC
Service Meetings of and Communications with 1.70 $375.00 $637.50
Creditors: SR -DC - Back and forth
communication with client, counsel for
City of La Quinta, and counsel for secured
creditor regarding revised loan docs in
anticipation of upcoming final order.
Service Case Administration: SR -DC - Reviewed 0.30 $375.00 $112.50
existing draft of opposition to SARE
motion.
Service Case Administration: SR -DC - Researched 0.70 $375.00 $262.50
case law to include in opposition to SARE
motion.
Service Case Administration: SR -DC - Discussed 0.30 $375.00 $112.50
status of upcoming motions and positions
of parties in interest with client and
bankruptcy co -counsel.
10/23/2024 BC
Service Case Administration: SR -LIFE - Discussed 0.50 $375.00 $187.50
necessary edits to LLC operating
agreements and necessary consents to be
obtained with counsel for independent
Page 15 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 17 of 24
manager and bankruptcy co -counsel.
10/23/2024 BC
Service Meetings of and Communications with 0.30 $375.00 $112.50
Creditors: SR -PI - Discussed dispute with
subcontractor with secured creditor/
potential post -petition contractor and
bankruptcy co -counsel.
10/23/2024 VV
Service Case Administration: SR -DC - Analyzed 0.20 $650.00 $130.00
and reviewed existing draft of opposition to
SARE motion.
10/23/2024 VV Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00
on status of upcoming motions and
positions of parties in interest.
10/23/2024 VV
10/23/2024 VV
Service Case Administration: SR -LIFE - 0.50 $650.00 $325.00
Strategized on necessary edits to LLC
operating agreements and necessary
consents to be obtained.
Service Meetings of and Communications with 0.30 $650.00 $195.00
Creditors: SR -PI - Strategized about dispute
with subcontractor with secured creditor/
potential post -petition contractor.
10/24/2024 BC
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -DC - Conference call with
counsel for secured creditor regarding role
of independent manager and mechanics for
appointing independent manager.
10/24/2024 BC
Service Case Administration: SR -PI - Applied 0.50 $375.00 $187.50
revisions to Independent Manager
engagement agreement.
10/24/2024 BC
10/24/2024 BC
Service Case Administration: SR -PI - Discussed 0.70 $375.00 $262.50
potential violation of automatic stay by
prior vendor with client and bankruptcy co -
counsel.
Service Case Administration: SR -PI - With client 0.50 $375.00 $187.50
and bankruptcy co -counsel, evaluated
whether certain proposed transactions
required court approval or could be
considered ordinary course of business.
10/24/2024 BC
Service Case Administration: SR -PI - Discussed
legal issues pertaining to Independent
Manager's proposed D&O insurance with
client and bankruptcy co -counsel.
10/24/2024 BC
0.30 $375.00
$112.50
Service Case Administration: SR -PI - Strategized 0.50 $375.00 $187.50
with proposed Independent Manager and
Independent Manager counsel on upcoming
Page 16 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 18 of 24
calls with secured creditor counsel and both
immediate and long-term needs to raise
with this counsel.
10/24/2024 VV
Service Case Administration: SR -PI - Reviewed 0.30 $650.00 $195.00
revisions to Independent Manager
engagement agreement.
10/24/2024 VV
Service Case Administration: SR -PI - Strategized 0.50 $650.00 $325.00
on potential violation of automatic stay by
prior vendor.
10/24/2024 VV
10/24/2024 VV
Service Case Administration: SR -PI - Strategized 0.50 $650.00 $325.00
on whether certain proposed transactions
required court approval or could be
considered ordinary course of business.
Service Case Administration: SR -PI - Strategized 0.30 $650.00 $195.00
on legal issues pertaining to Independent
Manager's proposed D&O insurance.
10/25/2024 BC
Service Case Administration: SR -DC - Reviewed 0.50 $375.00 $187.50
most recent batch of loan docs for potential
final DIP with City of La Quinta.
10/25/2024 BC
Service Case Administration: SR -DC - Reviewed
and redlined draft engagement agreement
with independent manager and independent
manager counsel.
0.50 $375.00 $187.50
10/25/2024 BC
Service Case Administration: SR -DC - Applied 0.80 $375.00 $300.00
various edits to LLC operating agreement
amendments pertaining to appointment of
Independent Manager.
10/25/2024 BC
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -DC - Discussed role of
independent manager and mechanics of
appointing independent manager with
counsel for secured creditor.
10/25/2024 BC
Service Case Administration: SR -DC - Discussed
outstanding issues pertaining to
independent manager appointment and
LLC operating agreement amendments
with client and bankruptcy co -counsel.
1.30 $375.00 $487.50
10/25/2024 BC
Service Case Administration: SR -DC - Discussed
most recent edits to loan documents with
City of La Quinta with bankruptcy co -
counsel.
0.30 $375.00 $112.50
10/25/2024 BC
Service Case Administration: SR -DC - Discussed 0.30 $375.00 $112.50
edits to LLC Operating Agreements and
issues pertaining to creditor/lender consent
Page 17 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 19 of 24
10/25/2024 BC
to changes with counsel for Independent
Manager.
Service Case Administration: PA789 - Strategized 0.50 $375.00 $187.50
with bankruptcy co -counsel on specific
issues pertaining to amending operating
agreements to appoint Independent
Manager.
10/25/2024 VV
Service Case Administration: SR -DC - Analyzed
and reviewed most recent batch of loan
docs for potential final DIP with City of La
Quinta.
10/25/2024 VV
10/25/2024 VV
0.30 $650.00
$195.00
Service Case Administration: SR -DC - Strategized 1.00 $650.00 $650.00
and reviewed outstanding issues pertaining
to independent manager appointment and
LLC operating agreement amendments.
Service Case Administration: PA789 - Strategized 0.50 $650.00 $325.00
and reviewed specific issues pertaining to
amending operating agreements to appoint
Independent Manager.
10/26/2024 BC Service Case Administration: SR -DC - Worked on 0.50 $375.00 $187.50
opposition to SARE motion.
10/26/2024 V V Service Case Administration: SR -DC - Reviewed 0.50 $650.00 $325.00
and analyzed opposition to SARE motion.
10/27/2024 BC Service Case Administration: SRDC - Case 0.30 $375.00 $112.50
Administration - Prepared agenda for
upcoming meeting with Major Constituents
with client and bankruptcy co -counsel.
10/27/2024 VV Service Case Administration: SRDC - Case
Administration - Strategized and reviewed
agenda for upcoming meeting with Major
Constituents.
0.30 $650.00 $195.00
10/28/2024 BC
10/28/2024 BC
Service Case Administration: SRDC - Discussed
strategy for upcoming weekly meeting of
Major Constituents with bankruptcy co -
counsel.
0.20 $375.00 $75.00
Service Meetings of and Communications with 0.50 $375.00 $187.50
Creditors: SR -DC - Attended weekly
meeting with Major Constituents pursuant
to Interim DIP and CRO Orders.
10;28/2024 BC
Service Meetings of and Communications with
Creditors: SR -DC - Discussed retention of
new independent manager with counsel for
City of La Quinta.
Page 18 of 23
0.30 $375.00
$112.50
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 20 of 24
10/28/2024 BC
Service Case Administration: SR -DC - Strategized 0.20 $375.00 $75.00
on submission of upcoming claims bar
application with bankruptcy co -counsel.
10/28/2024 BC
Service Case Administration: SR -DC - Reviewed 0.20 $375.00 $75.00
communication between CRO and
proposed independent manager on initial,
key tasks to be performed in bankruptcy
case.
10/28/2024 VV
Service Case Administration: SRDC - Strategized 0.20 $650.00 $130.00
on upcoming weekly meeting of Major
Constituents.
10/28/2024 VV
Service Case Administration: SR -DC - Strategized 0.20 $650.00 $130.00
and reviewed submission of upcoming
claims bar application.
10/29/2024 BC
Service Case Administration: PA789 - Edited 0.30 $375.00 $112.50
operating agreement to appoint new
independent manager of debtor.
10/29/2024 BC
Service Case Administration: PA789 - Discussed 0.10 $375.00 $37.50
edits to operating agreement with proposed
counsel for Independent Manager.
10/29/2024 BC
Service Case Administration: PA789 - Reviewed 0.10 $375.00 $37.50
notice of perfection of mechanics lien filed
with court.
10/29/2024 BC
Service Case Administration: SR -DC - Received 0.30 $375.00 $112.50
complaint from state court still listing
debtor as active defendant.
10/29/2024 BC
Service Analysis/Strategy: SR -DC - Evaluated 0.30 $375.00 $112.50
strategy for including insider preference
action in complaint against preferred equity
holders converted into secured creditors.
10/29/2024 BC Service Case Administration: SR -DC - With client,
discussed possible voluntarily
reconveyance of secured interest held by
preferred equity holders.
0.20 $375.00
$75.00
10/29/2024 BC
10/29/2024 BC
Service Case Administration: SR -PI - Prepared 3rd
interim DIP Financing order.
Service Case Administration: SR -PI - Discussed
draft of 3rd interim DIP Financing order
with client and bankruptcy co -counsel.
0.80 $375.00 $300.00
0.30 $375.00 $112.50
10/29/2024 BC
Service Case Administration: SR -PI - Prepared
draft of final order to appoint and retain
CRO.
Page 19 of 23
0.70 $375.00 $262.50
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 21 of 24
10/29/2024 BC
Service Case Administration: SR -PI - Reviewed 0.30 $375.00 $112.50
revised budget to be attached to 3rd interim
DIP Financing Order.
10/29/2024 BC
Service Case Administration: SR -PI - Discussed 0.50 $375.00 $187.50
issue of paying key financial advisor to
debtor with client and bankruptcy co -
counsel using DIP funds from City.
10/29/2024 VV Service Case Administration: PA789 - Reviewed 0.30 $650.00 $195.00
operating agreement to appoint new
independent manager of debtor.
10/29/2024 VV Service Case Administration: SR -PI - Reviewed 0.50 $650.00 $325.00
and analyzed 3rd interim DIP Financing
order.
10/29/2024 VV Service Case Administration: SR -PI - Reviewed 0.40 $650.00 $260.00
draft of final order to appoint and retain
CRO.
10/29/2024 VV Service Case Administration: SR -PI - Reviewed
and analyzed revised budget to be attached
to 3rd interim DIP Financing Order.
0.20 $650.00 $130.00
10/29/2024 VV
Service Case Administration: SR -PI - Strategized
on issue of paying key financial advisor to
debtor using DIP funds from City.
0.50 $650.00 $325.00
10/30/2024 BC
Service Case Administration: SR -PI - Modified 0.50 $375.00 $187.50
Third Interim DIP Financing Order with
City of La Quinta for circulation.
10/30/2024 BC
10/30/2024 BC
10/30/2024 BC
Service Case Administration: SR -PI - Modified text 1.20 $375.00 $450.00
of Debtor operating agreements necessary
for appointing new independent manager.
Service Meetings of and Communications with 0.30 $375.00 $112.50
Creditors: SR -PI - Discussed revisions to
operating agreement for appointing
independent manager with counsel for City
of La Quinta.
Service Case Administration: SR -PI - Reviewed 0.30 $375.00 $112.50
engagement agreement with new
independent manager and proposed
counsel.
10/30/2024 BC
Service Case Administration: SR -PI - Discussed
independent manager engagement
agreement and status of operating
agreements with bankruptcy co -counsel and
proposed counsel for independent manager.
0.50 $375.00
$187.50
10/30/2024 BC Service Case Administration: SR -PI - Prepared 0.30 $375.00 $112.50
Page 20 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 22 of 24
10/30/2024 BC
10/30/2024 BC
staffing report for CRO for September
2024.
Service Case Administration: SR -DC - Discussed 0.50 $375.00 $187.50
strategy for upcoming omnibus hearing
with bankruptcy co -counsel.
Service Case Administration: SR -DC - Discussed 0.20 $375.00 $75.00
strategy for upcoming omnibus hearing
with client.
10/30/2024 BC
Service Meetings of and Communications with 0.30 $375.00 $112.50
Creditors: SR-LOD - Communicated with
counsel for plaintiff in state court matter
still listing Debtors as defendants.
10/30/2024 BC
Service Analysis/Strategy: PA789 - Worked on 0.30 $375.00 $112.50
complaint avoiding certain secured interests
encumbering client's property.
10/30/2024 VV
Service Case Administration: SR -PI - Reviewed 0.30 $650.00 $195.00
and analyzed Third Interim DIP Financing
Order for circulation.
10/30/2024 VV
Service Case Administration: SR -PI - Reviewed 0.70 $650.00 $455.00
and analyzed modified text of Debtor
operating agreements necessary for
appointing new independent manager.
10/30/2024 VV
10/30/2024 VV
Service Case Administration: SR -PI - Strategized 0.50 $650.00 $325.00
and reviewed independent manager
engagement agreement and status of
operating agreements.
Service Case Administration: SR -PI - Reviewed 0.20 $650.00 $130.00
staffing report for CRO for September
2024.
10/30/2024 VV Service Case Administration: SR -DC - Strategized 0.30 $650.00 $195.00
for upcoming omnibus hearing.
10/30/2024 VV Service Analysis/Strategy: PA789 - Reviewed 0.20 $650.00 $130.00
complaint avoiding certain secured interests
encumbering client's property.
10/31/2024 BC
Service Case Administration: SR -DC - Prepared for 2.10 $375.00 $787.50
attended, and recapped omnibus hearing
before Bankruptcy Court.
10'31/2024 BC
10'312024 BC
Service Case Administration: SR -DC - Revised 0.30 $375.00 $112.50
draft of SARE opposition.
Service Case Administration: SR -LIFE - Reviewed 0.30 $375.00 $112.50
proposed amendment to Operating
Agreement with client to modify language
Page 21 of 23
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 23 of 24
and appoint Independent Manager.
10/31/2024 BC Service Case Administration: SR -LIFE - Revised
CRO's Staffing Report for September 2024.
10/31/2024 BC
10/31/2024 BC
0.10 $375.00 $37.50
Service Case Administration: PA789 - Worked with 0.70 $375.00 $262.50
bankruptcy co -counsel and counsel for City
of La Quinta to modify language of
Operating Agreement for appointment of
independent manager.
Service Case Administration: SR -PI - Reviewed 0.20 $375.00 $75.00
UST comments to prior fee application.
10/31/2024 VV
Service Case Administration: SR -DC - Reviewed
draft of SARE opposition.
10/31/2024 VV
0.20 $650.00
$130.00
Service Case Administration: SR -LIFE - Reviewed 0.10 $650.00 $65.00
CRO's Staffing Report for September 2024.
10/31/2024 VV
Service Case Administration: PA789 - Strategized 0.50 $650.00 $325.00
to modify language of Operating
Agreement for appointment of independent
manager.
10/31/2024 VV
Service Case Administration: SR -PI - Reviewed 0.20 $650.00 $130.00
and analyzed UST comments to prior fee
application.
Time Keeper
Benjamin Carson
Victor Vilaplana
Position
Attorney
Senior Co -Counsel
Statement of Account
Outstanding Balance
$23,794.50
Hours Subtotal 133.2
Hours Rate Total
83.7 $375.00 $31,387.50
49.5 $650.00 $32,175.00
New Charges
$63,562.50
Meetings of and Communications with Creditors - 18.8h - $7,985.00
Budgeting - lh - $512.50
Page 22 of 23
Hours Total 133.2
Subtotal $63,562.50
Total $63,562.50
Total Balance
$87,357.00
Case 24-11647-MFW Doc 263-1 Filed 12/27/24 Page 24 of 24
Case Administration - 104.9h - $51,272.50
Professional Employment Application - 2.1h - $980.00
Litigation - 4h - $1,747.50
Business Operations - 1.6h - $710.00
Analysis Strategy - 0.8h - $355.00
TOTAL - 133.2h - $63,562.50
Detailed Statement of Account
Other Invoices
Invoice Number Due On Amount Due Payments Received Balance Due
1 - SR -DC 08/31/2024 $50,185.00 $40,148.00 $10,037.00
2 - SR -DC 09/30/2024 $68,187.50 $54,430.00 $13,757.50
Current Invoice
Invoice Number
3 - SR -DC
Due On Amount Due Payments Received Balance Due
10/31/2024 $63,562.50 $0.00 $63,562.50
Outstanding Balance $87,357.00
Total Amount Outstanding $87,357.00
Please make all amounts payable to: LAW OFFICES OF BENJAMIN M. CARSON, P.C.
Page 23 of 23
Case 24-11647-MFW Doc 263-2 Filed 12/27/24 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 \1.
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 Finn 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 1 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: December 27, 2024 /s/ Benjamin M. Carson
BENJAMIN M. CARSON
Case 24-11647-MFW Doc 263-3 Filed 12/27/24 Page 1 of 2
IN THE UNITED STATES BANKRUPTCY COURT
FOR TIIE DISTRICT OF DELAWARE
In re:
SilverRock Development Company, et al.,
Debtors.'
Chapter 11
Case No. 24-11647 (MFW)
(Jointly Administered)
Objection Deadline: January 17, 2025 at 4:00 p.m. (ET)
NOTICE OF THIRD ti1ONTHLY APPLICATION OF LAW OFFICES OF
BENJAMIN M. CARSON, P.C. AS CO -COUNSEL TO TIIE DEBTORS AND
DEBTORS IN POSSESSION, FOR ALLOWANCE OF COMPENSATION AND
REIMBURSEMENT OF EXPENSES INCURRED FOR THE PERIOD FROM
OCTOBER 1 THROUGH OCTOBER 31, 2024
PLEASE TAKE NOTICE that the Third 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 October 1, 2024
Through October 31, 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 $63,562.50.
PLEASE TAKE FURTHER NOTICE that objections to the Application, if any, are
required to be filed on or before January 17, 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) ABD 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.
1The 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.
Case 24-11647-MFW Doc 263-3 Filed 12/27/24 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: December 27, 2024, The Law Offices of Benjamin M. Carson, P.C.
San Diego, California
/s/ Benjamin M. Carson
Benjamin M. Carson
Victor A. Vilaplana
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
1