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11-22820-rdd

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TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute, et al. Debtors and Debtors-in-Possession 1350 Broadway, 11th Floor New York, New York 10018 (212) 216-8000 Scott S. Markowitz, Esq. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------- x In re: : : THE CHRISTIAN BROTHERS INSTITUTE, et al., : : Debtor. : ------------------------------------------------------------------- x

Chapter 11 Case No.: 11-22820 (RDD) (Jointly Administered)

AGENDA FOR OCTOBER 17, 2012 HEARINGS Time and Date of Hearing: Location of Hearing: October 17, 2012 at 10:00 a.m. (EST) The Honorable Robert D. Drain, United States Bankruptcy Court for the Southern District of New York, 300 Quarropas Street, White Plains, New York 10601.

I.

UNCONTESTED MATTER: 1. Debtors Motion Pursuant to Sections 363(b) and 105(a) of the Bankruptcy Code and Bankruptcy Rule 6004 for an Order Authorizing the Private Sale of Certain Real Property Free and Clear of Liens, Claims, Interests, and Encumbrances, and payment of Brokerage Commission (ECF No. 430). Status: Debtor intends to proceed and requests entry of order authorizing private sale.

II.

CONTESTED MATTERS: 1. Motion of Corporation of the Catholic Archbishop of Seattle (the Archdiocese) for Relief from the Automatic Stay (ECF Nos. 284 and 350). Status: The Debtors have filed a limited consent (ECF No. 357); the Committee has filed an objection to the motion (ECF No. 363); plaintiffs in the state court tort actions have filed a joinder to the Committees objection (ECF No. 365); and the Archdiocese filed a reply (ECF No. 370). This matter will proceed. However, the parties are discussing a potential agreed order which would provide for stay relief to enable the Archdiocese to

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remove two actions pending in Washington State court, without prejudice to the plaintiffs right to remand. 2. Motion of the Seattle Archdiocese for Entry of an Order Pursuant to Bankruptcy Rule 2004 Authorizing Examinations and Production of Documents (ECF No. 416). Status: The Archdiocese has filed an amended motion (ECF No. 443); the Debtors have filed an objection (ECF No. 456); and Pacific Indemnity filed a statement reserving their rights (ECF No. 458). This matter will proceed. However, the Debtors and the Archdiocese are discussing a consensual resolution pursuant to which the Debtors will continue to provide the Archdiocese with access to the documents produced to the Creditors Committee in connection with its 2004 discovery previously authorized by this Court.

III.

ADVERSARY PROCEEDING PRE-TRIAL CONFERENCES: 1. Corporation of the Catholic Archbishop of Seattle v. Congregation of Christian Brothers of Ireland, et al. Adv. Pro. No. 11-08332 (RDD) Status: This adversary proceeding was initially commenced in or about August 2011, and has been stayed pursuant to stipulations until October 18, 2012 (ECF No. 45). The parties have agreed to further extend the stay and a stipulation has been or will be submitted to chambers for approval. This is the continued pre-trial status conference. The parties are in the process of reviewing sexual abuse proofs of claim, which includes providing copies to the relevant insurance carriers.

2.

Corporation of the Catholic Archbishop of Seattle v. Congregation of Christian Brothers of Ireland, et al. Adv. Pro. No. 12-08236 (RDD) Status: This adversary proceeding was commenced in or about April 2012, and seeks the substantive consolidation of the Debtors Chapter 11 cases with other non-debtor entities allegedly closely associated with the Debtors. This is a continued pre-trial status conference. Orders have entered dismissing the complaint against defendants Christian Brothers Institute of California and Christian Brothers Institute of Michigan. The Debtors dispute the standing of the Seattle Archdiocese to seek substantive consolidation relief. The Debtors believe all proceedings should be stayed until after the Debtors, the Committee, and the Archdiocese can ascertain whether a global resolution of all issues and sexual abuse claims can be resolved pursuant to a consensual plan of reorganization.

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3.

W.D. v. Corporation of the Catholic Archdiocese of Seattle, et al. Adv. Pro. No. 12-08238 (RDD) Status: This adversary proceeding was removed from Washington State court and transferred to this Court. The complaint was filed in or about November 2011 subsequent to the Chapter 11 filings. The complaint seeks to recover damages against the Archdiocese and other non-debtor Christian Brother affiliated defendants on account of alleged sexual abuse occurring at ODea High School in Seattle, Washington. Neither of the Debtors are named defendants, since the action was commenced after the filing date. The plaintiff filed a sexual abuse proof of claim. The Debtors believe that all parties are amenable to staying any meaningful discovery pending negotiations towards a consensual plan of reorganization.

4.

F.C., B.C., D.K., J.S., J.M. and M.Y. v. Corporation of the Catholic Archdiocese of Seattle, et al. Adv. Pro. No. 12-08239 (RDD) Status: This adversary proceeding was removed from Washington State court and transferred to this Court. The complaint was filed in or about November 2011 subsequent to the Chapter 11 filings. The complaint seeks to recover damages against the Archdiocese and other non-debtor Christian Brother affiliated defendants on account of alleged sexual abuse occurring at Briscoe Memorial School and ODea High School in Washington. Neither of the Debtors are named defendants, since the action was commenced after the filing date. The plaintiffs filed sexual abuse proofs of claim. The Debtors believe that all parties are amenable to staying any meaningful discovery pending negotiations towards a consensual plan of reorganization.

IV.

FIRST INTERIM FEE APPLICATIONS: 1. 2. 3. 4. 5. First Interim Fee Application of Tarter Krinsky & Drogin LLP, counsel for Debtors-in-Possession (ECF No. 434); First Interim Fee Application of Pachulski Stang Ziehl & Jones LLP, counsel for the Committee (ECF No. 433); First Interim Fee Application of Gordon Tilden Thomas & Cordell, LLP, Debtors Special Litigation Counsel (ECF No. 440); First Interim Fee Application of McInnes Cooper, Debtors Special Canadian Litigation Counsel (ECF No. 449); First Interim Fee Application of Sperduto Spector & Company, CPAs P.C., Accountants for Debtor The Christian Brothers Institute (ECF No. 436);

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6. 7. 8. 9.

First Interim Fee Application of Bansley and Kiener, L.L.P., Accountants for Debtor The Christian Brothers of Ireland, Inc. (ECF No. 451); First Interim Fee Application of Paul A. Richler, Special Insurance Counsel to the Committee (ECF No. 429); First Interim Fee Application of Berkeley Research Group LLC, Financial Advisors to the Committee (ECF No. 432); and Objection of the United States Trustee to First Applications for Compensation and Reimbursement of Expenses (ECF No. 439). Status: The fee applications will proceed. The United States Trustee filed a limited objection which has been resolved by providing that all professionals, other than Pachulski Stang, will agree to a 10% holdback. Pachulski Stang has agreed to a 20% holdback. The professionals will continue to be paid as per the monthly compensation order.

Dated: New York, New York October 11, 2012 TARTER KRINSKY & DROGIN LLP Attorneys for The Christian Brothers Institute, et al. Debtors and Debtors-in-Possession By: /s/ Scott S. Markowitz Scott S. Markowitz 1350 Broadway, 11th Floor New York, New York 10018 (212) 216-8000

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