UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA Fort Myers Division In re: Chapter 11

Transcription

1 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA Fort Myers Division In re: Chapter 11 FIDDLER S CREEK, LLC Case No. 9:10-bk ALP 951 LAND HOLDINGS, LLC Case No. 9:10-bk ALP DY ASSOCIATES, LLC Case No. 9:10-bk ALP GBFC DEVELOPMENT, LLC Case No. 9:10-bk ALP FC MARINA, LLC Case No. 9:10-bk ALP FC BEACH, LLC Case No. 9:10-bk ALP FC GOLF, LLC Case No. 9:10-bk ALP DY LAND HOLDINGS II, LLC Case No. 9:10-bk ALP FC PARCEL 73, LLC Case No. 9:10-bk ALP FC COMMERCIAL, LLC Case No. 9:10-bk ALP FC HOTEL, LLC Case No. 9:10-bk ALP FC RESORT, LLC Case No. 9:10-bk ALP GULF BAY HOSPITALITY COMPANY, LLC Case No. 9:10-bk ALP GULF BAY HOTEL COMPANY, LLC Case No. 9:10-bk ALP GBP DEVELOPMENT, LLC Case No. 9:10-bk ALP GB PENINSULA, LTD. Case No. 9:10-bk ALP 951 LAND HOLDINGS, LTD. Case No. 9:10-bk ALP DY LAND ASSOCIATES, LTD. Case No. 9:10-bk ALP GBFC DEVELOPMENT, LTD. Case No. 9:10-bk ALP GBFC MARINA, LTD. Case No. 9:10-bk ALP FC BEACH, LTD. Case No. 9:10-bk ALP FC GOLF, LTD. Case No. 9:10-bk ALP FC HOTEL, LTD. Case No. 9:10-bk ALP FC RESORT, LTD. Case No. 9:10-bk ALP GULF BAY HOSPITALITY, LTD. Case No. 9:10-bk ALP GULF BAY HOTEL COMPANY, LTD. Case No. 9:10-bk ALP GBP DEVELOPMENT, LTD. Case No. 9:10-bk ALP FIDDLER S CREEK MANAGEMENT, INC., Case No. 9:10-bk ALP Debtors. / (Jointly Administered under Case No. 9:10-bk ALP) JOINDER OF U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, IN FIDDLER S CREEK COMMUNITY DEVELOPMENT DISTRICTS # 1 AND # 2 s OBJECTION TO APPLICATION OF DEBTORS-IN-POSSESSION FOR ENTRY OF AN ORDER PURSUANT TO SECTION 327(A) AND 328(A) OF THE BANKRUPTCY

2 CODE AUTHORIZING THE EMPLOYMENT AND RETENTION OF MOELIS & COMPANY LLC AS FINANCIAL ADVISOR AND INVESTMENT BANKER NUNC PRO TUNC TO THE PETITION DATE U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE (the Indenture Trustee ) with regard to the Bonds and under their respective Indentures as are shown on the attached Exhibit A, by and through its undersigned counsel, joins in and adopts by reference the Objection filed by Fiddler s Creek Community Development Districts #1 and #2 on April 23, 2010, as docket entry # 151 (the Districts Objection ), to the Application of Debtors-In- Possession For Entry of an Order Pursuant to Sections 327(a) and 328(a) of the Bankruptcy Code Authorizing the Employment and Retention of Moelis & Company LLC as Financial Advisor and Investment Banker Nunc Pro Tunc to the Petition Date, filed on March 31, 2010, as docket entry # 114. WHEREFORE, the Indenture Trustee respectfully requests that the Court require further information be provided as to the retention of Moelis and the benefits of retaining Moelis in comparison to the costs thereof, and that the Court grant such other relief as may be lawful, equitable and just. Dated this 23rd day of April, Warren S. Bloom, Esq. Florida Bar #: Amy E. Lowen, Esq. Florida Bar #: GREENBERG TRAURIG, P.A. 450 South Orange Avenue, Suite 650 Orlando, FL Phone: (407) Facsimile: (407) bloomw@gtlaw.com lowena@gtlaw.com John B. Hutton Florida Bar # GREENBERG TRAURIG, P.A Brickell Avenue Miami, FL Phone (305) Facsimile: (305) huttonj@gtlaw.com BY:/s/ Amy E. Lowen Amy E. Lowen, Esq., Florida Bar #:

3 CERTIFICATE OF SERVICE I hereby certify that on April 23, 2010, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the Service List attached to the original hereof, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. /s/ Amy E. Lowen AMY E. LOWEN 3

4 Exhibit A The Bonds and the Indentures U.S. Bank National Association serves as the ultimate successor trustee (the Indenture Trustee ), with regard to each of the following bond issuances (collectively, the Bonds ) and under their respective indentures (collectively, the Indentures; all Indentures are as they may have been supplemented and/or amended from time to time in accordance with their terms): Fiddler s Creek Community Development District Special Assessment Revenue Bonds, Series 1999A and Fiddler s Creek Community Development District Special Assessment Revenue Bonds, Series 1999B, issued pursuant to that Master Trust Indenture, dated as of December 1, 1996, by and between Fiddler s Creek Community Development District and the Indenture Trustee (the CDD #1 Master Indenture ), as supplemented by that Second Supplemental Indenture, dated as of May 1, 1999, by and between Fiddler s Creek Community Development District and the Indenture Trustee; Fiddler s Creek Community Development District Special Assessment Revenue Bonds, Series 2002A and Fiddler s Creek Community Development District Special Assessment Revenue Bonds, Series 2002B, issued pursuant to the CDD #1 Master Indenture, as supplemented by that Fourth Supplemental Indenture, dated as of March 1, 2002, by and between Fiddler s Creek Community Development District and the Indenture Trustee; Fiddler s Creek Community Development District 1 Special Assessment Revenue Bonds, Series 2005, issued pursuant to the CDD #1 Master Indenture, as supplemented by that Fifth Supplemental Indenture, dated as of December 1, 2005, by and between Fiddler s Creek Community Development District 1 and the Indenture Trustee; Fiddler s Creek Community Development District 1 Special Assessment Revenue Refunding Bonds, Series 2006, issued pursuant to the CDD #1 Master Indenture, as supplemented by that Fifth Supplemental Trust Indenture, dated as of November 1, 2006, by and between Fiddler s Creek Community Development District 1 and the Indenture Trustee; Fiddler s Creek Community Development District #2 Special Assessment Revenue Bonds, Series 2003A and those Fiddler s Creek Community Development District #2 Special Assessment Revenue Bonds, Series 2003B, issued pursuant to that Master Trust Indenture, dated as of June 1, 2003, by and between Fiddler s Creek Community Development District #2 and the Indenture Trustee (the CDD #2 Master Indenture ), as supplemented by that First A-1

5 Supplemental Indenture, dated as of June 1, 2003, by and between Fiddler s Creek Community Development District #2 and the Indenture Trustee; Fiddler s Creek Community Development District #2 Special Assessment Revenue Bonds, Series 2004, issued pursuant to the CDD #2 Master Indenture, as supplemented by that Second Supplemental Indenture, dated as of November 1, 2004, by and between Fiddler s Creek Community Development District #2 and the Indenture Trustee; Fiddler s Creek Community Development District #2 Special Assessment Revenue Bonds, Series 2005, issued pursuant to the CDD #2 Master Indenture, as supplemented by that Third Supplemental Indenture, dated as of December 1, 2005, by and between Fiddler s Creek Community Development District #2 and the Indenture Trustee. A-2

6 Label Matrix for local noticing Aubrey Ferrao Paul J Battista 113A-9 c/o Patricia A. Redmond, Esq. Genovese Joblove & Battista PA Case 9:10-bk ALP Stearns Weaver Miller Weissler Alhadeff 100 Southeast 2nd Street Middle District of Florida 150 West Flagler Street, # th Floor Ft. Myers Miami, Florida Miami, FL Fri Apr 23 17:30:28 EDT 2010 Brian McGonagle CHRISTENSEN, Torben & Inga Colonnade Naples Land, LLC LEE COUNTY PORT AUTHORITY 9270 Campanile Circle #204 c/o Jules S. Cohen, Esq TERM. ACCESS RD #8671 Naples, FL PO Box 231 FT MYERS, FL S. Orange Ave. Orlando, FL DAVID, Raymond & Carole FC Golf Club Members Fiddler s Creek Comm Dev Dist. I 8579 Bellagio Drive c/o Alberto F. Gomez, Jr. Fiddler s Creek Comm Dev. Dist. II Naples, FL Morse & Gomez, PA c/o Douglas R. Gonzales, Esq. 119 S. Dakota Ave. Carla Barrow, Esq. Tampa, FL E. Broward Blvd., Ste Fort Lauderdale, FL Florida Financial Investments, Inc. Mariaelena Gayo-Guitian Glenn S. Vician c/o Donald R. Kirk, Esq. Genovese Joblove & Battista, PA c/o Glenn S. Vician, Esq. Fowler White Boggs P.A. 200 East Broward Blvd. Suite Broadway P.O. Box 1438 Fort Lauderdale, FL Merrillville, Indiana Tampa, FL Gulf Bay Capital, Inc. Iberiabank John B. Hutton, Esq. c/o Stephen R. Leslie, Esquire c/o Mark Hildreth, Esquire c/o Greenberg Traurig, P.A. Stichter, Riedel, Blain & Prosser, P.A. Shumaker, Loop & Kendrick, LLP 1221 Brickell Avenue 110 E. Madison St., Ste. 200 P.O. Box Miami, FL Tampa, Florida Sarasota, FL KeyBank National Association LOVE, Al & Char MUNB Loan Holdings LLC c/o Michael P. Shuster 7685 Mulberry Lane c/o Hywel Leonard Porter, Wright, Morris & Arthur LLP Naples, FL Carlton Fields, P.A Strada Place, 3rd Floor P.O. Box 3239 Naples, FL Tampa, FL Phillip Brougham Randy Long Regions Bank Committee Chairman EVANS OIL COMPANY c/o Diane L. Jensen 8587 Pepper Tree Way 3170 S HORSESHOE DR Post Office Drawer 1507 Naples, FL NAPLES, FL Fort Myers, FL Regions Bank Regions Bank Sandy Carinci c/o Gunster Yoakley & Stewart PA c/o Raymond V. Miller 9206 Museo Circle #101 ATTN: Laura F. Gross, Esq. 2 South Biscayne Blvd., Ste Naples, FL S. Flagler Drive, #500 East Miami, FL West Palm Beach, FL Michael L Schuster Textron Financial Corporation Textron Financial Corporation Genovese Joblove & Battista PA c/o Andrew L. Much c/o Greenberg Traurig, P.A. 100 Southeast 2nd Street Great Oaks Way, Ste. 210 Attn: Robert A. Soriano Suite 4400 Alpharetta, GA E. Twiggs Street, Suite 100 Miami, FL Tampa, FL Textron Financial Corporation Textron Financial Corporation The ITG Tax Free Income & Capital Appreciati c/o Jeffrey Gilbert c/o Mark Bloom, Esq. c/o Louis X. Amato, P.A. Greenberg Traurig, PA Greenberg Traurig P.O. Box E. Las Olas Blvd., Ste Brickell Ave Frostproof, FL Fort Lauderdale, FL Miami, FL

7 Tomen America, Inc. United States Trustee - FTM Warren S. Bloom, Esq. c/o David M. Landis, Esq. Timberlake Annex, Suite 1200 Amy E. Lowen, Esq. Mateer & Harbert, P.A. 501 E. Polk Street Greenberg Traurig, PA P.O. Box 2854 Tampa, FL S. Orange Avenue, Ste. 650 Orlando, Florida Orlando, FL YATES, David & Deanna Heather L Yonke End of Label Matrix 7650 Mulberry Lane Genovese Joblove & Battista Mailable recipients 34 Naples, FL SE 2nd Street Bypassed recipients 0 44th Floor Total 34 Miami, FL