2025-01-15 Amended Notice of Agenda for Hearing (Doc 309, received 2025-01-23)Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 1 of 7
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
SilverRock Development Company, et al.,
Debtors.1
Chapter 11
Case No. 24-11647 (MFW)
(Jointly Administered)
AMENDED2 NOTICE OF AGENDA OF MATTERS SCHEDULED FOR
HEARING ON JANUARY 15.2025 at 1:00 P.M. (EASTERN TIME)3
THIS HEARING WILL BE CONDUCTED AS HYBRID IN-PERSON/ZOOM.
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
517 FL R, COURTROOM #4
824 NORTH MARKET STREET
WILMINGTON, DELAWARE 19801
TO ATTEND THE HEARING REMOTELY, PLEASE REGISTER USING THE
EC URT APPEARANCES TOOL ON THE COURT'S WEBSITE AT
WWW.DEB.USC URTS.GOV OR CLICK THE BELOW LINK:
https://ecf.deb.uscourts.2ov/c2i-bin/nvsbAupearances.pl
PARTIES ARE REQUIRED TO REGISTER FOR THE HEARRNIG NO LATER THAN
4:00 P.M. (ET) ONE BUSINESS DAY BEFORE TIM HEARING. YOU MUST USE
YOUR FULL NAME WHEN LOGGING INTO ZOOM OR YOU WILL NOT BE
ALLOWED INTO THE MEETING.
AFTER REGISTERING YOUR APPEARANCE, YOU WI.L RECEIVE A
CONFIRMATION EMAIL. Z M INFORMATION WILL BE SENT OUT PRIOR
TO THE HEARING.
MATTERS GOING FORWARD
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.
2 Amended Items noted in bold.
3 Please note change in time of hearing.
Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 2 of 7
1. United States Trustee's Motion to (I) Dismiss Chapter 11 Cases for Cause Pursuant
to 11 U.S.C. §1112(b), Or Alternatively, (II) Appoint a Chapter 11 Trustee [D.I.
144 Filed September 26, 2024] haps://ecf.deb.uscourts.gov/doc1/042021837623
A. Objection Deadline: January 15, 2025 at 2:00 p.m. (ET).
B. Response(s): None.
C. Related Documents:
Status: This matter will only go forward if the Court denies the Debtors' Motion
listed at Item 3 of this Agenda. If the Court denies the Debtors' Motion listed at
Item 3 of this Agenda, the Debtors will seek to have this Motion heard at a later
date.
2. United States Trustee's Motion to Seal Certain Potentially Confidential
Information Pursuant to Del. Bankr. L.R. 9018-1 [D.I. 164 Filed October 1, 2024]
1-ittps://ecEdeb.uscourts.gov/doc1/042021846089
A. Objection Deadline: January 15, 2025 at 2:00 p.m. (ET).
B. Response(s): None.
C. Related Documents:
Status: This matter will only go forward if the Court denies the Debtors' Motion
listed at Item 3 of this Agenda. If the Court denies the Debtors' Motion listed at
Item 3 of this Agenda, the Debtors will seek to have this Motion heard at a later
date.
3. Motion of the Debtors for Pursuant to Sections 105, 361, 362, 363, 364 and 507
of the Bankruptcy Code, Bankruptcy Rule 4001, and Local Rule 4001-2, for
Interim and Final Orders: (I) Authorizing Debtors to Obtain Postpetition; (II)
Granting DIP Lender Priming Liens and Super -Priority Claims; and (III) Granting
Related Relief [D.I. 246; Filed December 12, 2024]
https://eadeb.uscourts.gov/doc1/042021989687
A. Objection Deadline: Original objection deadline December 26, 2024; extended
to January 6, 2025 at 4:00 p.m. (ET). The objection deadline for various parties
was extended to January 8, 2025 at 4:00 p.m.(ET). Objection deadline
extended to January 10, 2025 at 11:59 p.m. for the United States Trustee.
B. Response(s):
Reservation of Rights of Secured Creditor Cypress Point Holdings, LLC
Regarding Motion of Debtors Pursuant to Sections 105, 361, 362, 363,
364 and 507 of the Bankruptcy Code, Bankruptcy Rule 4001-2, for an
Order (I) Authorizing Debtors to Obtain Postpetition Financing; (II)
2
Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 3 of 7
Granting DIP Lender Priming Liens and SuperPriority Claims and (III)
Granting Related Relief [D.I. 290 Filed January 8, 2025]
https://ecf.deb.uscourts.gov/doc1/042022032665
ii. Reservation of Rights of R.D. Olson Construction Inc. Regarding Motion
of Debtors Pursuant to Sections 105, 361, 362, 363, 364 and 507 of the
Bankruptcy Code, Bankruptcy Rule 4001, and Local Rule 4001-2, for an
Order (I) Authorizing Debtors to Obtain Postpetition Financing; (II)
Granting DIP Lender Priming Liens and Super -Priority Claims; and (III)
Granted Related Relief [D.I. 291 Filed January 8, 2025]
https://ecf.deb.uscourts.gov/doc1/042022032935
iii. Poppy Bank's Objection to Motion of Debtors Pursuant to Sections 105,
361, 362, 363, 364 and 507 of the Bankruptcy Code, Bankruptcy Rule
4001, and Local Rule 4001-2, for an Order (I) Authorizing Debtors to
Obtain Postpetition Financing; (II) Granting DIP Lender Priming Liens
and Super -Priority Claims; and (III) Granting Related Relief [D.I. 293
Filed January 8, 2025] https:/,/ecfdeb.uscourts.gov/doc1/042022033799
iv. United States Trustee's Reservation of Rights Regarding the Motion of
Debtors Pursuant to Sections 105, 361, 362, 363, 364 and 507 of the
Bankruptcy Code, Bankruptcy Rule 4001, and Local Rule 4001-2, for an
Order (I) Authorizing Debtors to Obtain Postpetition Financing; (II)
Granting DIP Lender Priming Liens and Super -Priority Claims; and (III)
Granting Related Relief [D.I. 297 Filed January 10, 2025]
https://ecf.deb.uscourts.gov/doc1/042022038679
v. Debtors' Reply to Poppy Bank's Objection and in Support of Motion
of Debtors Pursuant to Sections 105, 361, 362 363, 364 and 507 of the
Bankruptcy Code, Bankruptcy Rule 4001, and Local Rule 4001-2, for
an Order (I) Authorizing Debtors to Obtain Postpetition Financing;
(II) Granting DIP Lender Priming Liens and Super -Priority Claims;
and (III) Granting Related Relief [D.I. 300 Filed January 13, 2025]
https://ecf.deb.uscourts.cov/doc1/042022041573
C. Related Documents:
i. Re -Notice of Motion and Hearing [D.I. 265 Filed December 27, 2025]
h ttps:/./ ecf deb. uscou rts.gov/doc1/042022017455
ii. Notice of Service of Debtors' First Request for Production of Documents
to Poppy Bank [D.I. 295 Filed January 9, 2025]
https://ecf.deb.uscourts. govi doc 1 /042022036291
iii. Notice of Service of Objections and Responses to Debtors' First Request
for Production of Documents to Poppy Bank [D.I. 296 Filed January 10,
2025] https://ecf.deb.uscourts.gov/'doc 1/042022037396
Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 4 of 7
ti
iv. Motion for Leave to File Reply to Poppy Bank's Objection and in
Support of Debtors' Motion Pursuant to Sections 105, 361, 362, 363,
364 and 507 of the Bankruptcy Code, Bankruptcy Rule 4001, and
Local Rule 4001-2, for an Order (I) Authorizing Debtors to Obtain
Postpetition Financing; (II) Granting DIP Lender Priming Liens and
Super -Priority Claims; and (III) Granting Related Relief [D.I. 299
Filed January 13, 2025]
https://ecf.deb.uscourts.2ov/doc1/042022041547
v. Supplemental Declaration of Douglas Wilson, Chief Restructuring
Officer of the Debtors, In Support of Motion of Debtors Pursuant to
Sections 105, 361, 362, 363, 364 and 507 of the Bankruptcy Code,
Bankruptcy Rule 4001, and Local Rule 4001-2, for an Order (I)
Authorizing Debtors to Obtain Postpetition Financing; (II) Granting
DIP Lender Priming Liens and Super -Priority Claims; and (III)
Granting Related Relief [D.I. 301 Filed January 13, 2025]
https://ecf.deb.uscourts.2ov/docl./042022041592
vi. Order Granting Motion for Leave to File Reply to Poppy Bank's
Objection and in Support of Debtors' Motion Pursuant to Sections
105, 361, 362, 363, 364 and 507 of the Bankruptcy Code, Bankruptcy
Rule 4001, and Local Rule 4001-2, for an Order (I) Authorizing
Debtors to Obtain Postpetition Financing; (II) Granting DIP Lender
Priming Liens and Super -Priority Claims; and (III) Granting Related
Relief [D.I. 303 Filed January 14, 2025]
https://eadeb.uscourts.2ov/doc1/042022043100
vii. Certification of Counsel Regarding Stipulation Between the Debtors,
The City of La Quinta, California and Cypress Point Holdings, LLC
Regarding Motion of Debtors Pursuant to Sections 105, 361, 362,
363, 364, and 507 of the Bankruptcy Code, Bankruptcy Rule 4001,
and Local Rule 4001-2 of an Order (I) Authorizing Debtors to
Obtain Postpetition Financing; (II) Granting DIP Lender Priming
Liens and Super -Priority Claims; and (III) Granting Related Relief.
[D.I. 305 Filed January 14, 2025]
h ttps://ecf. deb. uscou rts. eov/docl /042022044694
viii. Notice of Service of Filing of Revised Final Order (I) Authorizing
Debtors to Obtain Postpetition Financing; (II) Granting Priming
Liens and Superpriority Administrative Expense Status, and (III)
Granting Related Relief. [D.I. 306 Filed January 14, 2025]
https://ecf.deb.uscou rts.gov/doc1/04202204.5005
ix. Declaration of Edward T. Gavin, CT, NCPM of Gavin/Solmonese
LLC, Advisor to Richards, Layton & Finger, P.A. on Behalf of the
Sole Manager of the Debtors, In Support of Motion of Debtors
Pursuant to Sections 105, 361, 362, 363, 364, and 507 of the
Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 5 of 7
Bankruptcy Code, Bankruptcy Rule 4001, and Local Rule 4001-2 of
an Order (I) Authorizing Debtors to Obtain Postpetition Financing;
(II) Granting DIP Lender Priming Liens and Super -Priority Claims;
and (III) Granting Related Relief. [D.I. 307 Filed January 14, 2025]
https://ecf.deb.uscourts.tov/docl/042022045013
Status: This matter is going forward on a contested basis. The Debtors will be
presenting evidence through the testimony of Christopher Sontchi (remotely),
Douglas Wilson, Edward T. Gavin, IV, and potentially, John McMillen.
4. Debtors' Application for Entry of an Order: (I) Authorizing the Retention and
Employment of Jones Lang Lasalle Americas, Inc. as Real Estate Broker and
Advisor to the Debtors Effective as of December 23, 2024; and (II) Granting
Related Relief [D.I. 261 Filed December 23, 2024]
https://ecf.deb.uscourts.gov/doc1/042022012070
A. Objection Deadline: January 15, 2025 at 2:00 p.m. (ET).
B. Response(s): Informal comments from U.S. Trustee
C. Related Documents:
Supplemental Declaration of Jeff Adkinson in Support of Debtors'
Application for Entry of An Order: (I) Authorizing the Retention and
Employment of Jones Lang Lasalle Americas, Inc. as Real Estate Broker
and Advisor to the Debtors Effective as of December 23, 2024; and (II)
Granting Related Relief [D.I. 294 Filed January 9, 2025]
https://ecf.deb.uscourts. gov/doc 11042022035 898
ii. Certification of Counsel Regarding Debtors' Application for Entry
of An Order (I) Authorizing the Retention and Employment of Jones
Lang LaSalle Americas, Inc. as Real Estate Broker and Advisor to
the Debtors Effective as of December 23, 2024; and (II) Granting
Related Relief [D.I. 308 Filed January 14, 2025]
https://ecf.deb.uscourts.6ov/doc 1/042022045023
Status: The Debtors have resolved the United States Trustee's informal comments
to the Motion and have filed a revised proposed form of under certification of
counsel [D.I. 308]. A hearing is only necessary if the Court has any questions
or concerns. .
5. Motion to Approve Compromise under Rule 9019 and Local Rule 9013-1 and 11
U.S.C. Sections 105(a) and 363(b) Authorizing and Approving Certain Unwind
Agreements and Reconveyance of Deeds of Trust By and Between the Debtors and
Certain Settling Creditors [D.I. 240 Filed December 4, 2024]
https://ecl'.deb.uscourts.gov/doc 1/042021972038
5
Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 6 of 7
A. Objection Deadline: Original objection deadline December 26, 2024; extended
to January 6, 2025 at 4:00 p.m. (ET).
B. Response(s): Informal comments from the City of La Quinta and the United
States Trustee.
C. Related Documents:
Certification of Counsel Regarding Motion to Approve Compromise
Under Rule 9019 and Local Rule 013-1 and 11 U.S.C. Sections 105(A)
and 363 (B) Authorizing and Approving Certain Unwind Agreements and
Reconveyance of Deeds of Trust By and Between the Debtors and Certain
Settling Creditors [D.I. 304 Filed January 14, 2025]
https://ecf.dcb.uscourts. gov/doc1/042022044315
Status: The Debtors have resolved the issues raised by the City of La Quinta and
the United States Trustee and will be submitting a revised form of order under
certification of counsel after review by the City, United States Trustee and major
constituents. A hearing is only necessary if the Court has any questions or
concerns.
Dated: January 15, 2025
ARMSTRONG TEASDALE LLP
/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
-and-
Victor A. Vilaplana (Pro Hac Vice)
823 La Jolla Rancho Road
La Jolla, CA 92037
Telephone: (619) 840-4130
vavilaplana@gmail.com
-and-
Benjamin M. Carson (Pro Hac Vice)
5965 Village Way Ste. E105
San Diego, CA 92130
Case 24-11647-MFW Doc 309 Filed 01/15/25 Page 7 of 7
Telephone: (858) 255-4529
ben@benjamincarson.com
Counsel to the Debtors and Debtors in
Possession
7