2025-01-21 Notice of Agenda (Doc 318, received 2025-01-29)Case 24-11647-MFW Doc 318 Filed 01/21/25 Page 1 of 5
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)
NOTICE OF AGENDA OF MATTERS SCHEDULED FOR
HEARING ON JANUARY 23, 2025 at 11:30 A.M. (EASTERN TIME)
THIS HEARING WILL BE CONDUCTED ENTIRELY BY ZOOM.
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
5TH FLOOR, COURTROOM #4
824 NORTH MARKET STREET
WILMINGTON, DELAWARE 19801
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MATTERS GOING FORWARD
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] https://ecf.deb.uscourts.gov docl/042021837623
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 318 Filed 01/21/25 Page 2 of 5
A. Objection Deadline: January 23, 2025 at 11:30 a.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 Notion heard at a later
date.
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]
https://ecf.deb.uscourts.gov doc 1 042021846089
A. Objection Deadline: January 23, 2025 at 11:30 a.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://ecfdeb.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)
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 docl 042022032665
Case 24-11647-MFW Doc 318 Filed 01/21/25 Page 3 of 5
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 doc1012022032935
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.gov/doc 1/042022041573
C. Related Documents:
i. Re -Notice of Motion and Hearing [D.I. 265 Filed December 27, 2025]
https://ccfdeb.uscourts.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://ecfdeb.uscourts.gov/doc1/042022036291
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 doc1/042022037396
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
3
Case 24-11647-MFW Doc 318 Filed 01/21/25 Page 4 of 5
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.gov/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] http,: ecf.deb.uscourts.gov/doc1/042022041592
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://ecf.deb.uscourts.gov/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] https: ecf.deb.uscourts.gov/doc.1/042022044694
Status: This matter is going forward as a status conference. The Debtors have
reached an agreement in principle with Poppy Bank and the City of La Quinta,
resolving Poppy Bank's objection, which agreement was summarized at the
January 15, 2025 hearing. The agreement is subject to final approval of the parties
and memorialization. The Debtors anticipate filing a revised form of order on
certification of counsel in advance of the hearing.
[SIGNATURE PAGE FOLLOWS]
Case 24-11647-MFW Doc 318 Filed 01/21/25 Page 5 of 5
Dated: January 21, 2025
5
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@adlp.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
Telephone: (858) 255-4529
ben@benjamincarson.com
Counsel to the Debtors and Debtors in
Possession