UNITED STATES BANKRUPTCY COURT - Cleveland.com

UNITED STATES BANKRUPTCY COURT - Cleveland.com

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re: FAIR FINANCE COMPANY Debtor. ) ) ) ) ) ) Case No. 10-50494 Chapter...

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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

In re: FAIR FINANCE COMPANY Debtor.

) ) ) ) ) )

Case No. 10-50494 Chapter 7 Judge Marilyn Shea-Stonum

STATUS REPORT FOR DECEMBER 18, 2012 STATUS CONFERENCE Brian A. Bash, Trustee herein, submits the following summary of the status of the Trustee’s administration of the estate: 1 Sentencing of Durham, Cochran and Snow for their involvement in the Fair Finance Fraud On November 30, 2012, Timothy Durham, James Cochran and Ricky Snow were sentenced by Judge Magnus-Stinson of the United States District Court for the Southern District of Indiana following their criminal convictions for securities fraud, wire fraud and conspiracy to commit securities fraud and wire fraud relating to their conduct of fraudulent activity at Fair Finance. Timothy Durham received a sentence of 50 years. James Cochran received a sentence of 25 years. Ricky Snow received a sentence of 10 years. After the sentencing hearing, Durham and Cochran were led away from the courtroom in handcuffs to begin serving their sentences. The judge allowed Snow to leave with his family pending a determination on where Snow will serve his 10-year sentence. Several victims of the fraud scheme testified at the sentencing hearing.

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The Trustee and his professionals have addressed and resolved many of the administrative issues in this matter. This list is not exhaustive, but focuses on the issues most significant to asset recovery.

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Recent Recoveries For the Estate Since the last status conference on November 20, 2012, the Trustee has recovered $121,726.90 for the estate constituting payments on fraudulent transfer settlements and accounts receivable collections, including $81,828.59 from Duvera Billing Services. The Trustee has filed or will be filing motions to compromise in connection with settlements entered into after the last status conference.

As of December 14, 2012, the balance in the money market account

maintained by the Trustee for the benefit of the Debtor’s estate is $1,639,242.66. The Trustee’s Collection Efforts on the Group B Default Judgments This month, the Trustee obtained a default judgment against defendant DW Leasing Company, LLC. With the addition of this default judgment, the Trustee has obtained 35 default judgments in adversary proceedings filed with this Court, for a total judgment amount of $48,340,333.74.

A spreadsheet identifying the adversary proceeding number, judgment

debtor(s), default judgment date, amount and summary of collection strategy for each judgment is attached as Exhibit A to this status update. The Trustee has targeted eight judgments for domestication. The judgment debtors in these cases either appear to be collectible based on a preliminary examination or have very large judgments against them. The total amount of these judgments is $23,891,311.49. The Trustee has domesticated four of these judgments in the states of Indiana and California. In addition, three other judgments will be domesticated in the states of South Carolina, Georgia and Mississippi. The Trustee is in the process of locating and negotiating compensation terms with local counsel in South Carolina, Georgia and Mississippi. Once the Trustee identifies local counsel in those states, he will file the appropriate motion for Court approval of the retention of those professionals and proceed swiftly with domestication of judgments in those states.

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One judgment is against individuals who are believed to be British nationals. The total amount of this judgment is $205,997.77. The Trustee is considering the need to retain an experienced professional to assist with collection against these foreign judgment debtors. The Trustee is also focusing his collection efforts on the judgment debtors with the six largest outstanding judgments. The total amount of these judgments is $39,533,442.99. This month, the Trustee issued a total of 12 document subpoenas to banks that are or were associated with these judgment debtors. The Trustee will take further collection actions based on the information produced in response to these subpoenas. The Trustee continues to conduct asset searches on all “high value” cases. The Trustee has deferred pursuit of ten judgments that have been classified as “low value” judgments. The total amount of these judgments is $1,055,304.83. The Trustee will reevaluate whether there is any benefit to the estate in pursuing collection of the “low value” judgments based on the success of his collection efforts in the other default cases. Status of the Litigation The “Group A” Cases – Settlement of the Donald Fair Litigation: Since the last monthly status report, the Trustee has filed a motion to compromise the Trustee’s claims against the defendants in the Donald Fair litigation, subject to this Court’s approval of that compromise. Donald Fair and certain related trusts have agreed to pay $3.55 million to the estate to settle the Trustee’s claims. The parties orally reached an agreement in principle on the terms of this agreement on November 30, 2012, and the parties promptly documented the settlement over the next four business days. On December 6, 2012, the Trustee filed a motion to compromise his claims against the Donald Fair defendants [Dkt. No. 1150], and on the same date the Trustee filed a motion to shorten the time for the filing of objections [Dkt. No. 1151]. The motion to shorten was filed to address concerns raised by the Donald Fair defendants regarding the taxable 3

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consequences of the timing of the settlement payment. The Court has set the motion to shorten time for hearing at the status conference, and if granted the Court will consider the motion to compromise. If the Donald Fair settlement is approved, the aggregate value of the settlements in the Group A cases will be $4,180,000.00 in cash payments to the estate. The Remaining “Group A” Cases: The following are the other active and pending Group A cases, also list on Exhibit B attached hereto: 1.

The Textron / Fortress litigation ($72 million in claims);

2.

Litigation against the former legal advisor for Fair Finance, Ronald Kaffen (approximately $180,000);

3.

Litigation against John Head, a former officer of the Debtor (approximately $2.5 million in claims);

4.

Litigation against Ricky Snow, a former officer of the Debtor (approximately $1.7 million in claims); and

5.

The Osler and Geist Sports litigation (approximately $1.2 million in claims).

With respect to the Textron / Fortress litigation, on November 9, 2012, District Judge Gaughan dismissed all claims against Textron. Judge Gaughan granted, in part, and denied, in part, Fortress’ motion to dismiss. Substantial claims against Fortress, therefore, remain pending. The Trustee intends to pursue an appeal of Judge Gaughan’s decision at the appropriate time. In the litigation against Ronald Kaffen, the Trustee’s counsel has taken the depositions of both Ronald Kaffen and his law firm, both of which are defendants in the litigation, and the Trustee’s counsel has requested and obtained additional records from Mr. Kaffen relevant to Fair Finance and the claims at issue in the litigation. The remaining fact witness depositions in this litigation are being coordinated with the fact witness depositions in the Fortress matter in accordance with the Case Management Order entered in the Kaffen matter. 4

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The continuing discovery in the litigation against John Head and Ricky Snow likewise is being coordinated with the discovery taking place in the Fortress litigation. Counsel for the Trustee and John Head recently filed a joint motion to line up the case deadlines in that matter with those in the Fortress litigation to ensure efficiency and consistency in the discovery period. In the litigation against Ricky Snow, settlement negotiations continue between counsel for the Trustee and Ricky Snow. Finally, with respect to the Osler/Geist Sports litigation, on December 10, 2012, the Trustee filed a motion for sanctions in the form of a default judgment against Dana Osler and Geist Sports Academy, LLC.

The motion is premised on violations by the defendants of

discovery orders issued by this Court. The granting of default judgments as requested by the Trustee could effectively end the litigation in this matter. The “Group B” Cases: The one hundred and twenty (120) cases in the “Group B” category of cases include claims based on non-debtor transfers, loans or preferential transfers for which actions were filed after November 2011. These cases include the following: 1.

Fraudulent Transfer or Contract Claims: This group of cases includes one hundred and one (101) lawsuits. Of those lawsuits, approximately fourteen (14) lawsuits remain active and contested and three (3) cases have been stayed because of bankruptcy filings by the defendants on those cases. The Trustee has settled or otherwise resolved his claims in forty-seven (47) lawsuits. In addition, a number of defendants in these lawsuits have defaulted, including all of the defendants in thirty-seven (37) lawsuits and some of the defendants in six (6) lawsuits, and the Trustee has obtained default judgments in most of these cases.

2.

Section 547 Claims Against Investors: The Trustee filed twelve (12) preference complaints against investors. All of these complaints have been settled or otherwise resolved.

3.

Section 547 Claims Against Non-Investors: The Trustee filed seven (7) complaints against non-investors receiving preferential payments from the Debtor. All of these complaints have been settled or otherwise resolved.

The chart attached as Exhibit B includes a list of all of the Group B cases, including those cases that have been settled or otherwise resolved by the Trustee with information on the 5

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corresponding settlement amount or resolution. The Trustee is pursuing settlement negotiations in the remaining Group B cases and will continue to prepare those matters for trial, if necessary. Other Litigation: The Trustee is pursuing recovery for the estate in several other lawsuits involving certain state-law claims, including loan claims and claims against certain insiders of the Debtor. This group of cases includes the only lawsuit filed by the Trustee outside of this district (the National Lampoon litigation filed in the United States District Court for the Central District of California, Western Division). These cases include the following: 1.

The Laikin litigation (approximately $25 million). The parties to this litigation attended mediation in an effort to settle the Trustee’s claims, and those efforts were not successful. The Court subsequently granted the Trustee’s motion to reopen discovery in the litigation, and the Trustee has conducted numerous depositions pursuant to that Order, which have and continue to be subject to related motion practice. With the reopening of discovery, the Trustee also discovered that National Lampoon possesses data and documents that National Lampoon previously contended were missing, and the Trustee is in the process of attempting to retrieve pertinent information from that data. The Trustee anticipates that the matter will ultimately proceed to trial.

2.

The National Lampoon litigation (approximately $9 million). The judge in the district court in California where this case is pending has set a discovery schedule and a current trial date of June 4, 2013. While the parties have exchanged written discovery, the Trustee recently discovered that National Lampoon possesses a significant volume of data and documents that National Lampoon previously contended were missing. That revelation and the Trustee’s discovery of the use of National Lampoon’s cash to fund Durham’s criminal defense, has significantly changed the posture of the case. The Trustee has consequently moved the California district court to postpone the trial to December 2013, with an extension of related discovery and pre-trial deadlines in order to accommodate the considerable task of retrieving and digesting the newly discovered data for use in prosecuting the Trustee’s claims. The Trustee anticipates substantial further discovery and motion practice will result. National Lampoon also has undergone several changes in management since the Trustee commenced his claims. The Trustee is informed that Mr. Durham no longer has any position of management of or control over National Lampoon. The Trustee and counsel for National Lampoon have been cooperating with respect to the additional discovery and also intend to explore alternatives for resolving the Trustee’s claims.

3.

The McKibben litigation against insiders of the Debtor and entities they controlled. This Court recently heard oral arguments on whether some of the defendants in the McKibben action are subject to summary judgment in favor of the Trustee. Further, the Trustee has negotiated a settlement of the pending 6

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dispute regarding the National Union insurance policy. Subject to final approval of the draft agreement, the Trustee will file a motion to approve that compromise, which also will settle the Trustee’s claims in the McKibben action against four of the defendants. Forthcoming Litigation a) Subsequent Transfer Claims: The Trustee expects that some of the defendants in the loan and fraudulent transfer litigation may not have the financial ability to pay the amounts sought by the Trustee. If the Trustee’s claims are successful, the Trustee will consider pursuing subsequent transferee claims against transferees of those defendants. b) Additional Litigation: The Trustee continues to evaluate additional potential claims that may be pursued for the benefit of the estate, including loan and fraudulent transfer claims for which the statute of limitations will not be expiring until the later part of 2013. Trustee’s Focus in the Upcoming Weeks Continuing Litigation: The Trustee’s counsel will continue to focus efforts on the litigation of the cases that have been filed by the Trustee to date. Date: December 17, 2012 Respectfully submitted, /s/ Brian A. Bash Brian A. Bash, Trustee (0000134) Kelly S. Burgan (0073649) Baker & Hostetler LLP PNC Center 1900 East 9th Street, Suite 3200 Cleveland, OH 44114-3482 Telephone: 216.621.0200 Facsimile: 216.696.0740 Email: [email protected] Email: [email protected] Counsel for the Trustee

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number 11-05232

Defendants' Names and Addresses

Durham Capital Corporation 1650 Marlay Drive Los Angeles, California 46236

Final Judgment Entered by District Court 6/4/2012

Amount of Judgment (excluding postjudgment interest) $152,452.75

Breakdown of Judgment Amount Jointly and Severally

Page 1

Collection Efforts As Of 12/14/2012

Conducted asset search. No real property found in the name of Durham Capital Corp. Real property found for Durham. Judgment Lien transferred to Indiana Federal Court.

Timothy Durham incarcerated pending sentencing

Judgment domesticated in Indiana and California. Anticipated next steps include attaching property (if possible), issuing bank subpoenas, and conducting bank sweeps. Debtor’s examination of Durham scheduled for January 9, 2013.

11-05234

Guyer Durham, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

$268,990.00

$157,000.00 Note $111,990.00 Fraudulent Transfers

Conducted asset search. No real property found in the name of the defendant. Judgment domesticated in Indiana. Anticipated next steps include attaching property (if available), issuing bank subpoenas, and conducting bank sweeps. Deciding whether to conduct debtor’s exam of Dale Buyer, who

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 2

Collection Efforts As Of 12/14/2012

owned 47.5% of the defendant with Durham (47.5%) and Isaac Jacobson (5%).

11-05203

Cedric Rashad 401 Abbey Springs Way McDonough, Georgia 30253

6/4/2012

$83,340.48

n/a

Conducted asset search. Real property found in the name of the defendant around Atlanta, Georgia. Working on locating and negotiating retention agreement with local counsel in Georgia. Have some contacts. Hoping to find a firm willing to work on contingency. Once work out fee agreement with local counsel, will file motion for court approval to retain local collections counsel. After local counsel is approved, will work with local counsel to domesticate judgment in Georgia with goal of attaching property or conducting bank sweeps against the defendant. Will decide whether to conduct debtor’s examination at a later date.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number 11-05209

Defendants' Names and Addresses

CargoTrailerUSA.com 2 Walkers Court Bluffton, South Carolina 29910

Final Judgment Entered by District Court 6/4/2012

Amount of Judgment (excluding postjudgment interest) $68,926.31

Adam Dowe 2 Walkers Court Bluffton, South Carolina 29910

Breakdown of Judgment Amount $24,917.18 Note $44,009.13 Unjust Enrichment

Page 3

Collection Efforts As Of 12/14/2012

Conducted asset search. Real property found in the name of Adam Dowe in South Carolina. No real property found in name of CargoTrailer, but appear to have a business address in South Carolina. Working on locating and negotiating retention agreement with local counsel in South Carolina. Have some contacts. Hoping to find a firm willing to work on contingency. Once work out fee agreement with local counsel, will file motion for court approval to retain local collections counsel. After local counsel is approved, will work with local counsel to domesticate judgment in South Carolina with goal of attaching property or conducting bank sweeps against the defendant. Will decide whether to conduct debtor’s examination at a later date.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number 11-05237

12-05021

Defendants' Names and Addresses

My Ghetto Holdings, LLC 8228 Sunset Boulevard Los Angeles, California 90046

Bad Boyz Toy Shop LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

Final Judgment Entered by District Court 6/4/2012

6/4/2012

Amount of Judgment (excluding postjudgment interest) $305,160.18

$153,900.00

Breakdown of Judgment Amount $170,260.18 Note $134,900.00 Fraudulent Transfers

n/a

Page 4

Collection Efforts As Of 12/14/2012

Not expected to be collectible. Social networking site that is believed to be defunct. Members: Durham (40%), DTP Holdings, LLC (30%), Daniel Laiken (5%), John Ringgold (5%), Reno Rolle (5%), Various Laiken trusts (15%). In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps. Corresponds closely with Rated X Garage. Not expected to be collectible. High end sports car repair show with no ownership by Durham. Changed name to Rated X. Final tax return for Rated X filed 2007. Administratively dissolved in 2011. Do no plan to conduct asset search or pursue judgment at this time. May reconsider later based on outcome of other collection actions.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number 12-05022

Defendants' Names and Addresses

Black Rock Acquisition Corporation 9032 Diamond Point Drive Indianapolis, Indiana 46236

Final Judgment Entered by District Court 6/4/2012

Amount of Judgment (excluding postjudgment interest) $838,900.00

Breakdown of Judgment Amount n/a

Page 5

Collection Efforts As Of 12/14/2012

Not expected to be collectible. Entity used to take Obsidian Enterprises private. Final tax return filed 2005. Administratively dissolved in 2006. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps.

12-05030

Fashion House, LLC dba Identity Streetwear 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

$42,250.00

n/a

Not expected to be collectible. Startup company for Jamie Rae. Members: Durham and Jamie Rae. No financial information. No loan documents. Do no plan to conduct asset search or pursue judgment at this time. May reconsider later based on outcome of other collection actions.

12-05028

Durco Leasing, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

$1,288,650.00

n/a

Not expected to be collectible. Entity used to own 12.5% of an airplane. 2009 settlement released defendant of its financial responsibility and partial ownership interest in the plane.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 6

Collection Efforts As Of 12/14/2012

Issued subpoenas to banks where defendant is known to have had accounts in the past. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps. 12-05025

Champion Trailer Acquisition, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

$335,783.36

Champion Trailer Company, L.P. 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

n/a

Not expected to be collectible. High end, custom built trailers for the racing industry. Closed in 2006. Durham assumed the company’s debt with Fair Finance totaling a little over $7 million. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps.

Champion Trailer, Inc. 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number 12-05023

Defendants' Names and Addresses

Cannonball World Events, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

Final Judgment Entered by District Court 6/4/2012

Amount of Judgment (excluding postjudgment interest) $446,181.76

Breakdown of Judgment Amount n/a

Page 7

Collection Efforts As Of 12/14/2012

Further investigation required. Closely tied to judgment against Timothy and Nina Porter, on which we are pursuing collection, but not expected to be collectible. Entity operated a cross-county auto race called The Great American Run. Members: Durham (48%) and Timothy Porter (52%). Administratively dissolved in 2011. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting through Timothy Porter.

11-05205

Pointe Leasing, LLC 2000 Rubberway Drive, P.O. Box 820165 Vicksburg, Mississippi 39182

6/4/2012

$385,675.34

n/a

Further investigation required. Not expected to be collectible, but may have leases to pursue. Entity leased trailers to third parties. Members: Durham (62.5%) and Cochran (37.5%). In process of conducting asset search to determine whether it is

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 8

Collection Efforts As Of 12/14/2012

worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting on outstanding leases. 11-05204

Alexander Talbott, Inc., fka Hamilton-Ryker of Indianapolis, Ind., dba Strategic Human Resource Management 251 E. Ohio Street, Suite 1100 Indianapolis, Indiana 46204

6/4/2012

$423,515.95

n/a

Further investigation required. Defendant merged with a third party not too long ago (believe 2011). Not expected to be collectible, but may be able to collect from merged entity. Entity was a professional recruitment service. Administratively dissolved in 2011. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting from merged entity.

12-05037

Waterway Group Realty, LLC 1404 South 3rd Street Jacksonville Beach, Florida 32250

6/4/2012

$89,000.00

n/a

Not expected to be collectible. Line of credit from DCI. No loan documents. Administratively dissolved in 2008. Do no plan to conduct asset search or pursue judgment at this time. May

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 9

Collection Efforts As Of 12/14/2012

reconsider later based on outcome of other collection actions. 12-05036

12-05033

Vizion Enterprises, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

Rated X Custom Garage, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

$309,234.29

n/a

Not expected to be collectible. Entity was a restaurant and lounge that closed in 2007. Foreclosure in 2008. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps.

$641,362.01

n/a

Corresponds closely with Bad Boyz Toye Shop. Not expected to be collectible. High end sports car repair show with no ownership by Durham. Formerly known as Bad Boyz. Final tax return filed 2007. Administratively dissolved in 2011. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

11-05239

11-05235

Defendants' Names and Addresses

Final Judgment Entered by District Court

Medical Collections Group, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

J Blanton, LLC 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46204

6/4/2012

Amount of Judgment (excluding postjudgment interest)

$407,412.36

$634,124.96

Breakdown of Judgment Amount

$145,966.12 Note $88,123.12 Unjust Enrichment $173,323.12 Fraudulent Transfers $334,124.96 Note $300,000.00 Fraudulent Transfers

Page 10

Collection Efforts As Of 12/14/2012

Not expected to be collectible. Members: Durham (30%), Cochran (30%), Mike Sanders (30%), John Head (5%), Aaron Winkler (5%). In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps. Further investigation required. Not expected to be collectible, but may be able to collect on liquidation of equipment and inventory at closing. 100% owned by Durham. Possible set up to own Durham’s interest in Superline. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting on liquidated assets.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

12-05064

Defendants' Names and Addresses

Aaron Landau 19850 Pacific Coast Highway Malibu, California 90265

Final Judgment Entered by District Court

6/4/2012

Amount of Judgment (excluding postjudgment interest)

$75,000.00

Breakdown of Judgment Amount

n/a

Page 11

Collection Efforts As Of 12/14/2012

Conducted asset search. Real property and vehicle found in the name of the defendant. Judgment domesticated in California. Anticipated next steps include attaching property (if possible), issuing bank subpoenas, and conducting bank sweeps. Will decide whether to conduct a debtor’s examination at a future date.

12-05085

Social Connects 8228 Sunset Boulevard Los Angeles, California 90046

6/4/2012

$63,500.00

n/a

Not expected to be collectible. No financial information. Same address as My Ghetto Holdings. Do no plan to conduct asset search or pursue judgment at this time. May reconsider later based on outcome of other collection actions.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

12-05092

Defendants' Names and Addresses

Obsidian Leasing Company, Inc. 2000 Rubber Way, Highway 61 South Vicksburg, Mississippi 39182

Final Judgment Entered by District Court

6/4/2012

Amount of Judgment (excluding postjudgment interest)

$2,720,414.16

Breakdown of Judgment Amount

n/a

Page 12

Collection Efforts As Of 12/14/2012

Not expected to be collectible, but may be able to collect on liquidation of equipment and inventory that may still exist. 100% owned by Obsidian Enterprises. Owned approximately 25 coaches. Most sold in 2007. May still have five coaches. Issued subpoenas to banks where defendant is known to have had accounts in the past. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting on liquidated assets.

12-05087

Strategic Sports Agency, Inc. 2508 NW Boca Raton Boulevard Boca Raton, Florida 33431

6/4/2012

$172,000.00

n/a

Not expected to be collectible. No financial information. Relates to Howard Jaffe, sports agent. Do no plan to conduct asset search or pursue judgment at this time. May

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 13

Collection Efforts As Of 12/14/2012

reconsider later based on outcome of other collection actions. 11-05207

12-05038

Square One Design, Inc. c/o Douglas Sholty 8206 Meadow Drive Brownsburg, Indiana 46112

DC Investments Leasing, LLC c/o Timothy Durham 9032 Diamond Point Drive Indianapolis, Indiana 46236

6/8/2012

6/8/2012

$39,090.86

n/a

$5,769,718.93

$4,810,194.59 Notes $959,524.34 Fraudulent Transfers

Not expected to be collectible. Was taken over by Durham Whitesell & Associates LLC. Entity provides graphic lettering and sign services. Have significant financial difficulties. May be out of business. May have graphic equipment. Do no plan to conduct asset search or pursue judgment at this time. May reconsider later based on outcome of other collection actions. Not expected to be collectible, but may be able to collect on liquidation of equipment and inventory that may still exist. Members: DCI (99%) and Durham (0.5%). Obsidian Enterprises. Owned approximately 11 coaches. Most sold in 2007. May still have one coach. Issued subpoenas to banks where defendant is known to have had accounts in the past.

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DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 14

Collection Efforts As Of 12/14/2012

In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting on liquidated assets. 12-05058

Evaco Acquisition dba Superline Trailers 480 Aerodome Way Griffin, Georgia 30224

6/8/2012

$1,017,590.00

n/a

Further investigation required. Not expected to be collectible. Members: Durham (42.89589%), rest unknown. Business closed in 2009 and assets were transferred to Classic Manufacturing (100% owned by Obsidian Enterprises). In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting on liquidated assets.

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ENTERED 12/17/12 12:32:46

Page 21 of 45

DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number 12-05093

Defendants' Names and Addresses

Playa del Racing, Inc. 150 Gasoline Alley, Suite B Indianapolis, Indiana 46222

Final Judgment Entered by District Court 6/8/2012

Amount of Judgment (excluding postjudgment interest) $2,490,433.74

Breakdown of Judgment Amount $1,430,167.05 Note $1,060,266.69 Fraudulent Transfers

Page 15

Collection Efforts As Of 12/14/2012

Not expected to be collectible, but may be able to collect on assets from sale of racing team in 2008. Owned by Gary Sallee, Jeff Brougher, Ernie Moody and Susan Schafer. Racing team that was sold in 2008 by American Dream Motorsports. Went bankruptcy in 2008. Issued subpoenas to banks where defendant is known to have had accounts in the past. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps or collecting on proceeds from the 2008 sale.

12-05062

Pyramid Coach, Inc. 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46236

6/8/2012

$975,938.40

(Pyramid North LLC dismissed from case)

n/a

Not expected to be collectible. 100% owned by Obsidian Enterprises. Operating company for the coaches owned by other subsidiaries. Most coaches sold in 2007. Business closed in 2009. In process of conducting asset search to determine whether it is

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ENTERED 12/17/12 12:32:46

Page 22 of 45

DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 16

Collection Efforts As Of 12/14/2012

worthwhile to domesticate judgment for purpose of conducting bank sweeps.

12-05024

Chairman Cigars, LLC 9032 Diamond Point Drive Indianapolis, Indiana 46236

8/30/2012 $144,375.00

n/a

Not expected to be collectible. Members: Durham (33.33%), Cochran (33.33%), Jeff Osler (33.33%). Closed in 2008. Durham moved inventory to his house when business closed. Do no plan to conduct asset search or pursue judgment at this time. May reconsider later based on outcome of other collection actions.

12-05112

Four Leaf Management, LLC 25 West 9th Street Indianapolis, Indiana 46204

8/30/2012 $124,835.00

n/a

Not expected to be collectible. Member included Daniel Laiken (% unknown). Entity had broker accounts at Securities Research. Account no. LIX-238402 as of 12/31/10 with balance of $2,108.44. Account no. 885-23840 as of 1/31/08 with balance of $13,197.42. This amount is part of the Laiken litigation.

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FILED 12/17/12

ENTERED 12/17/12 12:32:46

Page 23 of 45

DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 17

Collection Efforts As Of 12/14/2012

Do no plan to conduct asset search or pursue judgment at this time. May reconsider later based on outcome of other collection actions and Laiken action. 12-05148

US Rubber Reclaiming, Inc. c/o Timothy Durham 9032 Diamond Point Drive Indianapolis, Indiana 46236

8/30/2012 $22,860,604.18

$18,399,388.98 - Note $4,461,215.20 Fraudulent Transfers

Not expected to be collectible, but may be able to collect on proceeds from liquidation of assets. 100% owned by Obsidian Enterprises. Unsure about status of real estate. Issued subpoenas to banks where defendant is known to have had accounts in the past. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps, collecting on liquidation proceeds or attaching real estate.

11-05231

Blair Kiel Partners Inc. c/o Resource Commercial Real Estate, LLC 900 E. 96th Street, Suite 350 Indianapolis, Indiana 46240

8/30/2012 $126,328.96

n/a

Not expected to be collectible. Startup company. Administratively dissolved in 2008. Do no plan to conduct asset search or pursue judgment at this time. May

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Page 24 of 45

DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 18

Collection Efforts As Of 12/14/2012

reconsider later based on outcome of other collection actions.

12-05145

Aesthetic Surgery Center, LLC 13590 North Meridian Carmel, Indiana 46032

8/30/2012 $176,000.00

Beeson Aesthetic Surgery Institute, LLC 13590 North Meridian Carmel, Indiana 46032

n/a

Conducted asset search. No real property found in the name of the defendants. Boat and real property found in the name of the owner of the defendants, with mortgage and sales involving DCI. Each defendant also owes approximately $800,000 on leases with Diamond Investments. Pursuing further investigation. Judgment domesticated in Indiana. Anticipated next steps include attaching property (if possible), issuing bank subpoenas, and conducting bank sweeps. Decided to wait for domestication of judgment in Florida pending further asset investigation. Deciding whether to conduct debtor’s exam of William H. Beeson, owner of the defendants.

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FILED 12/17/12

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Page 25 of 45

DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

12-05063

Defendants' Names and Addresses

Timothy and Nina Porter 12668 East 116th Street, #128 Fishers, Indiana 46037

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

8/30/2012 $205,997.77

Breakdown of Judgment Amount

n/a

OR 108 West 13th Street Wilmington, Delaware 19801

12-05018

Indianapolis Concours, Inc. 111 Monument Circle, Suite 4800 Indianapolis, Indiana 46236

8/30/2012 $100,025.01

$15,309.80 Note $84,715.21 Fraudulent Transfers

Collection Efforts As Of 12/14/2012

Conducted asset search. No real property found in the name of the defendants. Defendants are British citizens who travel often and purportedly still arrange auto races around the world. Believe Timothy and Nina are now divorced. May need an expert to conduct international asset search. Cannot domesticate judgment until the defendants and their assets can be located. Not expected to be collectible. Nonprofit entity. Durham – president, Neil Lucas – registered agent, Andrew Lee – executive director, Roger Brummett – founder and chairman. Administratively dissolved in 2009.

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FILED 12/17/12

Page 19

ENTERED 12/17/12 12:32:46

Page 26 of 45

DEFAULT JUDGMENT COLLECTION EFFORT SUMMARY Adversary Proceeding Number

Defendants' Names and Addresses

Final Judgment Entered by District Court

Amount of Judgment (excluding postjudgment interest)

Breakdown of Judgment Amount

Page 20

Collection Efforts As Of 12/14/2012

In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps. 12-05039

DW Leasing Company, LLC c/o CT Corporation System 645 Lakeland East Drive, Suite 101 Flowood, Mississippi 39232

12/12/12

$4,403,621.98

$2,989,367.68 Notes $402,620.27 Unjust Enrichment $1,011,634.03 Fraudulent Transfers

Not expected to be collectible. Plan to issue subpoena by 12/18/12 to banks where defendant is known to have had accounts in the past. In process of conducting asset search to determine whether it is worthwhile to domesticate judgment for purpose of conducting bank sweeps.

$ 48,340,333.74

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Page 27 of 45

# 1 2 3 4 5

1 2 3 4

Case Name Bash v. Ricky D. Snow Bash v. John J. Head; Head Consulting Group, Inc. Bash v. Textron; Fortress; Fair Facility Bash v. Ronald O. Kaffen; Kaffen & Zimmerman Bash v. Dana Osler; Geist Sports Academy, LLC; Elizabeth McClure

Bash v. BGBC Partners, LLP Bash v. Somerset CPAs, P.C. Bash v. Terry Whitesell; Julia Whitesell Bash v. Donald R. Fair

Bankruptcy Main Claim and Status Claim Amount Case No. GROUP A-1 - ACTIVE GROUP A CASES FT (Debtor Transfers) $ 1,763,679.68 12-5096

District Case No.

FT (Debtor Transfers)

$

2,522,333.06

12-5097

12-00981

FT (Debtor Transfers)

$

72,000,000.00

12-5101

12-00987

FT (Debtor Transfers)

$

279,483.50

12-5149

12-00994

FT (Debtor Transfers)

$

1,947,343.42

12-5158

12-00997

TOTAL: $

78,512,839.66

2 3

Bash v. James Cochran; Susan Cochran Bash v. Fair Holdings, Inc.; DC Investments, LLC Bash v. Timothy Durham

12-00980

GROUP A-2 - SETTLED OR RESOLVED GROUP A CASES FT (Debtor Transfers) $ 192,180.00 12-5102 12-00989 FT (Debtor Transfers) $ 760,454.00 12-5108 12-00992 FT (Debtor Transfers) $ 221,810.19 12-5109 12-00993

Y Y Y

$ $

100,000.00 500,000.00 30,000.00

FT (Debtor Transfers)

Y

$

3,550,000.00

$

4,180,000.00

$150,000,000.00

TOTAL: $

1

Settled

Settlement Amount or Amount of Claim Waiver Judgment Amount

12-5152

12-00996

151,174,444.19

GROUP A-3 - DEFAULT GROUP A CASES FT (Debtor Transfers) $ 9,255,212.64 12-5098 12-00988 FT (Debtor Transfers)

$

351,212,690.22

12-5103

12-00990

FT (Debtor Transfers) $ TOTAL: $

69,606,148.70 430,074,051.56

12-5107

12-00991

GROUP B-1 - ACTIVE GROUP B CASES 601816953_2.xlsx Claims & Amounts

Page 1 of 13

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ENTERED 12/17/12 12:32:46

Page 28 of 45

# 1 2

Case Name Bash v. Erika Lookadoo Jiles Bash v. Mitza Durham Bash v. Neil Lucas

3 4

5

6 7 8 9 10 11 12 13

Bash v. Stephen Blaising Bash v. Henri Najem; Najem Durham Enterprises, LLC; Najem Management, Inc.; Najem Enterprises, Inc.; Najem Durham Investments, LLC Bash v. Joseph Hennigin

Main Claim and Status FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) + Loan Claims

Claim Amount $ 33,400.00

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

FT (Non-Debtor Transfers) Bash v. Bernard Durham aka B.J. FT (Non-Debtor Durham Transfers) Bash v. Courtney Durham FT (Non-Debtor Transfers) Bash v. Joan SerVaas FT (Non-Debtor Transfers) Bash v. Bruce Long FT (Non-Debtor Transfers) Bash v. Dalinger Designs, Inc. FT (Non-Debtor Transfers) Bash v. Cornelius Alig STAYED DUE TO BANKRUPTCY Bash v. Shannon Connor Design, STAYED DUE TO Inc. BANKRUPTCY

601816953_2.xlsx Claims & Amounts

Bankruptcy Case No. 12-5029

District Case No. 12-01671

$

831,426.46

12-5032

12-01672

$

489,459.10

12-5046

12-00998

$

228,751.36

12-5057

12-00977

$

1,852,801.97

12-5061

12-02222

$

149,815.16

12-5078

12-00979

$

59,107.00

12-5104

12-01153

$

64,700.00

12-5105

12-01673

$

226,000.00

12-5106

12-01154

$

55,000.00

12-5110

12-00986

$

311,026.75

12-5111

N/A

$

800,000.00

12-5141

N/A

$

1,445,427.21

12-5144

12-01156

Settled

Settlement Amount or Amount of Claim Waiver Judgment Amount

Page 2 of 13

10-50494-mss

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Page 29 of 45

# 14 15 16 17

1 2 3 4

Case Name Bash v. Shannon Frantz

District Case No. N/A

Main Claim and Status STAYED DUE TO BANKRUPTCY Bash v. Plopper and Partners, LLC Contract Claims (Lease)

$

128,792.68

12-5156

N/A

Bash v. Edward Morris

$

60,000.00

12-5163

N/A

$

580,000.00

12-5212

N/A

TOTAL: $

7,717,421.06

Bash v. 77th Street Partners

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

Claim Amount $ 401,713.37

Bankruptcy Case No. 12-5151

TOTAL:

GROUP B-2 - SETTLED/RESOLVED GROUP B CASES Bash v. Obsidian Conference and PENDING APPROVAL $ 30,000.00 11-5230 12-00983 Catering Center, LLC Bash v. Etelco Services, Inc. et al.

PENDING APPROVAL

Bash v. Alternate Billing Corporation Bash v. Cindy Landeen

Settled

$

19,718.75

11-5233

12-00984

$

292,831.36

12-5020

12-00999

$

240,000.00

12-5026

12-01152

Y

Bash v. Mark Phillips

FT (Non-Debtor Transfers)

$

30,000.00

11-5236

N/A

Value provided

Bash v. Durham Whitesell & Associates, LLC

FT (Non-Debtor Transfers)

$

252,650.00

11-5240

N/A

Y

Bash v. Mathie Construction, Ltd. Bash v. Rubin & Levin Professional Corporation

547 - Non-Investor 547 - Non-Investor

$ $

13,756.10 40,000.00

12-5013 12-5014

N/A N/A

Y Y

5

Settlement Amount or Amount of Claim Waiver Judgment Amount

$

12,000.00

$

556,812.00

$

-

6

7 8

601816953_2.xlsx Claims & Amounts

$

Page 3 of 13

10-50494-mss

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Page 30 of 45

5,663.54

$ $

1,500.00 18,500.00

# 9 10

11

12 13 14 15 16 17 18 19 20 21 22

Case Name Main Claim and Status Bash v. Sanders Group of 547 - Non-Investor Indianapolis, Inc. Bash v. Voyles Zahn Paul Hogan 547 - Non-Investor & Merriman Bash v. Car Collector Magazine, PENDING APPROVAL LLC; Jeffrey Broadus; RM Classic Car Production, Inc.

Claim Amount $ 30,000.00

Bash v. Robert Shoemake

Bankruptcy Case No. 12-5015

District Case No. N/A

Settled Y Y

$

25,000.00

12-5016

N/A

$

950,381.78

12-5017

12-01155

PENDING APPROVAL

$

54,687.24

12-5019

N/A

FT (Non-Debtor Transfers) Bash v. Pace FT (Non-Debtor Transfers) Bash v. Scott Solem and Limitless PENDING APPROVAL Yachting, Inc. Bash v. Table Moose Media,LLC PENDING APPROVAL Bash v. Billie Dennie & Ann FT (Non-Debtor Dennie Transfers) Bash v. Michael Rypel FT (Non-Debtor Transfers) Bash v. Balint and Associates; 547 - Non-Investor Raymond W. Balint Bash v. Carlile Patchen & Murphy 547 - Non-Investor LLP Bash v. Mercho, Wells & PENDING APPROVAL Masterson, Inc. and Hassan Mercho Bash v. Michael Durham FT (Non-Debtor Transfers)

$

152,850.00

12-5027

$

135,248.34

$

Bash v. Barone

601816953_2.xlsx Claims & Amounts

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 8,500.00

Doc 1168

5,000.00

$

67,757.00

$

-

N/A

Return truck Hardship

$

-

12-5031

N/A

Hardship

$

-

84,326.05

12-5034

N/A

Y

$ $

322,250.00 241,557.12

12-5035 12-5045

N/A N/A

Y Chapter 7

$

29,508.58

12-5047

N/A

Y

$

66,866.39

12-5049

N/A

Y

$

10,000.00

12-5050

N/A

Y

$

1,437,206.00

12-5059

N/A

Y

$

49,713.12

12-5060

N/A

Hardship / Military

$

FILED 12/17/12

ENTERED 12/17/12 12:32:46

5,000.00 35,000.00 -

$ $

Page 4 of 13

10-50494-mss

$

Page 31 of 45

2,500.00

6,497.57

35,000.00 $

2,500.00 10,000.00

$

-

# 23 24 25

26 27 28 29 30 31 32 33 34 35 36 37

Case Name Bash v. American Legends Publicity, Inc. Bash v. Anthony Najem Bash v. Auburn Automotive Heritage, Inc. dba Auburn Cord Deusenberg Museum Bash v. Benjamin Harrison Presidential Site, Inc. dba Benjamin Harrison Home Bash v. Bennett Productions, Inc. Bash v. Lockwood Bash v. Dennis Barsky Bash v. Disturbing Tha Peace Touring, Inc. Bash v. Ludacris Foundation, Inc. Bash v. George Anderson Bash v. Girls, Inc. Bash v. Green Lantern Partners, Ltd. Bash v. Jamie Ferrell Bash v. International Concierge Bash v. Kato Kaelin

Bankruptcy Case No. 12-5065

District Case No. N/A

Settlement Amount or Amount of Claim Settled Waiver Judgment Amount Consent $ J. Value $ provided Y $ 30,000.00

Main Claim and Status Loan Claims

Claim Amount $ 150,488.11

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

$

69,600.00

12-5066

N/A

$

78,970.00

12-5067

N/A

FT (Non-Debtor Transfers)

$

50,000.00

12-5068

N/A

Y

PENDING APPROVAL

$

300,000.00

12-5069

12-00982

Y

FT (Non-Debtor Transfers) PENDING APPROVAL PENDING APPROVAL

$

892,200.34

12-5070

N/A

$ $

30,000.00 76,603.00

12-5071 12-5072

N/A N/A

Value / Hardship Y Y

PENDING APPROVAL

$

30,000.00

12-5081

N/A

Y

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

$

43,571.34

12-5073

N/A

Hardship

$

37,500.00

12-5074

N/A

Y

$

127,000.00

12-5075

N/A

$

273,347.71

12-5076

N/A

Value provided Y

$

49,840.00

12-5077

N/A

$

23,700.00

12-5079

N/A

601816953_2.xlsx Claims & Amounts

Value provided Y

Page 5 of 13

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Page 32 of 45

$

18,000.00

90,000.00 $

-

$

15,000.00

$

75,000.00

$ $

7,500.00 $

$

55,000.00

$ $

-

7,000.00

# 38 39 40 41 42 43 44

Case Name Bash v. Kathryn James & The Charles L. James Trust Bash v. Randi Siegel Ent.

Main Claim and Status FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) Bash v. Shulte & Urig FT (Non-Debtor Transfers) Bash v. Sirote & Permutt FT (Non-Debtor Transfers) Bash v. Stonefield Josephson, Inc. PENDING APPROVAL CPAs nka Marcum LLP Bash v. Tom Banner FT (Non-Debtor Transfers) Bash v. Weener & Nathan FT (Non-Debtor Transfers) Bash v. Obsidian Capital Co., LLC; FT (Non-Debtor Timothy Durham; Terry Whitesell Transfers)

Claim Amount $ 358,681.13

Bash v. Kevin James Bash v. Phillip Press, Inc.

Bankruptcy Case No. 12-5080

District Case No. N/A

Settled Y

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 275,000.00

$

22,000.00

12-5082

N/A

Value provided Value provided Value provided Y

$

-

$

63,600.00

12-5083

N/A

$

-

$

585,520.02

12-5084

N/A

$

-

$

41,375.00

12-5086

N/A

$

45,000.00

12-5088

N/A

$

300,000.00

12-5089

N/A

$

1,123,097.58

12-5090

N/A

Loan Claims FT (Non-Debtor Transfers) Bash v. Mitch for Governor FT (Non-Debtor Transfers) Bash v. Fragola & Fragola Limited 547 - Investor Partnership; Albert Fragola; The Estate of Nunzie Fragola

$ $

16,287.24 32,000.00

12-5094 12-5113

N/A N/A

Y

$

16,287.24

$

90,000.00

N/A

Y

$

3,000.00

$

60,313.15

12-5126 12-5129

N/A

Y

$

80,000.00

$

10,000.00

Bash v. H. Joanne Allen, Trustee Bash v. Hazel Cossey

$ $

20,016.99 20,000.00

12-5130 12-5131

N/A N/A

Y Y

$ $

37,609.93 20,000.00

$

Value / Hardship Value provided Y

20,000.00 $

-

$

-

45

46 47 48

49 50 51

547 - Investor 547 - Investor

601816953_2.xlsx Claims & Amounts

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# 52 53 54 55 56 57 58 59 60 61

Case Name Bash v. The Doe Trust; James O. Pigg Bash v. Joseph P. Spohn Bash v. Julie Imhoff Bash v. Marie Ebert; Clyde Ebert

Bankruptcy Case No. 12-5132

District Case No. N/A

Main Claim and Status 547 - Investor

Claim Amount $ 17,781.88

Settled Y

547 - Investor 547 - Investor 547 - Investor

$ $ $

30,061.64 60,021.92 15,000.00

12-5133 12-5134 12-5135

N/A N/A N/A

Bash v. Schippers Bash v. Scot W. Kingan; Donald W. Kingan Bash v. Thomas O'Neal Bash v. Revocable Trust of Victoria Scaia, Vicktoria Scaia; Lorainne Brienza Bash v. William Barton Bash v. Melissa McDowell

547 - Investor 547 - Investor

$ $

25,082.19 15,105.10

12-5136 12-5137

N/A N/A

Y Y Paid in Full Hardship Y

547 - Investor 547 - Investor

$ $

19,653.20 25,257.68

12-5138 12-5139

N/A N/A

Y Hardship

547 - Investor PENDING APPROVAL

$ $

22,000.00 100,000.00

12-5140 12-5142

N/A N/A

Bash v. Michael Reardon

PENDING APPROVAL

$

187,177.75

12-5143

N/A

Y Partial hardship Y

Bash v. Davis & Davis Electric, LLC Bash v. DW Trailer, LLC; Terry G. Whitesell

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

$

258,301.29

12-5146

N/A

Y

$

300,000.00

12-5147

N/A

Y

Bash v. Jaffe & Asher LLP

547 - Non-Investor

$

87,000.00

12-5150

N/A

Y

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 14,000.00 $ $

$

34,330.85 49,789.66 $

15,000.00

$

8,500.00

$

8,000.00

22,000.00 25,000.00 $

38,500.00

$

5,000.00

$

27,500.00

62

63

64

65

601816953_2.xlsx Claims & Amounts

Page 7 of 13

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Page 34 of 45

# 66

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Case Name Bash v. Misty Rice-Baniewicz

Main Claim and Status Claim Amount FT (Non-Debtor $ 1,115,484.41 Transfers) TOTAL: $ 11,797,189.50

Bash v. Cedric Rashad Bash v. Alexander Talbott, Inc.

Contract/Loan FT (Non-Debtor Transfers) Bash v. Pointe Leasing, LLC Contract/Loan Bash v. Square One design, Inc. Contract/Loan Bash v. CargoTrailerUSA.com FT (Non-Debtor Transfers) Bash v. Obsidian Conference and Contract/Loan Catering Center, LLC (2 of 3 Defendants) Bash v. Blair Kiel Partners Inc. FT (Non-Debtor Transfers) Bash v. Durham Capital FT (Non-Debtor Corporation Transfers) Bash v. Etelco Services, Inc., et al. Contract/Loan (1 of 3 defendants) Bash v. Guyer Durham, LLC FT (Non-Debtor Transfers) Bash v. J Blanton LLC FT (Non-Debtor Transfers) Bash v. My Ghetto Holdings, LLC FT (Non-Debtor Transfers) Bash v. Medical Collections FT (Non-Debtor Group, LLC Transfers) Bash v. Durham Whitesell & FT (Non-Debtor Associates (2 of 3 Defendants) Transfers)

Bankruptcy Case No. 12-5154

District Case No. N/A

Settled Y

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 45,000.00

TOTAL:

$

$

1,568,356.24

$ $

83,340.48 423,515.95

12-01238 12-01315 12-01239

$ $ $

385,675.34 39,090.86 68,926.31

11-5231

12-02011

$

126,328.96

11-5232

12-01241

$

152,452.75

11-5234

12-01242

$

268,990.00

11-5235

12-01243

$

634,124.96

11-5237

12-01244

$

305,160.18

11-5239

12-01246

$

407,412.36

GROUP B-3 - DEFAULT GROUP B CASES 11-5203 12-01236 11-5204 12-01237 11-5205 11-5207 11-5209 $

$

$

601816953_2.xlsx Claims & Amounts

30,000.00

19,718.75

252,650.00

11-5230

11-5233

11-5240

Page 8 of 13

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255,891.55

ENTERED 12/17/12 12:32:46

Page 35 of 45

# 15

16 17 18 19 20

21

22 23 24 25 26 27

Case Name Main Claim and Status Bash v. Car Collector Magazine, FT (Non-Debtor LLC; Jeffrey Broadus; RM Classic Transfers) Car Production, Inc. (2 of 3 defendants) Indianapolis Concours FT (Non-Debtor Transfers) Bash v. Bad Boyz Toy Shop, LLC FT (Non-Debtor Transfers) Bash v. Black Rock Acquisition FT (Non-Debtor Corporation Transfers) Bash v. Cannonball World Evens, FT (Non-Debtor LLC Transfers) Bash v. Chairman Cigars, LLC FT (Non-Debtor Transfers) Bash v. Champion Trailer FT (Non-Debtor Acquisition, LLC; Champion Trailer Transfers) Company LP; Champion Trailer, Inc. Bash v. Durco Leasing, LLC FT (Non-Debtor Transfers) Bash v. Fashion House, LLC FT (Non-Debtor Transfers) Bash v. Rated X Custom Garage, FT (Non-Debtor LLC Transfers) Bash v. Vizion Enterprises, LLC FT (Non-Debtor Transfers) Bash v. Waterway Group Realty, FT (Non-Debtor LLC Transfers) Bash v. DC Investments Leasing, FT (Non-Debtor LLC Transfers)

601816953_2.xlsx Claims & Amounts

Claim Amount

Settlement Amount or Amount of Claim Waiver Judgment Amount

Bankruptcy Case No. 12-5017

District Case No. 12-01155

12-5018

12-02041

$

100,025.01

12-5021

12-01194

$

153,900.00

12-5022

12-01195

$

838,900.00

12-5023

12-01196

$

446,181.76

12-5024

12-02013

$

144,375.00

12-5025

12-01197

$

335,783.36

12-5028

12-01198

$

1,288,650.00

12-5030

12-01199

$

42,250.00

12-5033

12-01200

$

641,362.01

12-5036

12-01201

$

309,234.29

12-5037

12-01202

$

89,000.00

12-5038

12-01294

$

5,795,918.93

Settled

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#

Case Name Bash v. DW Leasing Company, LLC

Main Claim and Status FT (Non-Debtor Transfers)

Claim Amount

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 4,403,621.98

Bankruptcy Case No. 12-5039

District Case No. 12-02863

12-5058

12-01295

$

1,017,590.00

12-5062

12-01296

$

975,938.40

12-5063

12-02017

$

205,997.77

12-5064

12-01203

$

75,000.00

12-5085

12-01204

$

63,500.00

12-5087

12-01205

$

172,000.00

12-5092

12-01206

$

2,720,414.16

12-5093

12-01297

$

2,490,433.74

12-5112

12-02015

$

124,835.00

Settled

28

29 30 31 32 33 34

35

36 37 38 39

Bash v. Evaco Acquisition Corporation Bash v. Pyramid Coach, Inc.

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) Bash v. Timothy Porter and Nina FT (Non-Debtor Porter Transfers) Bash v. Aaron Landau FT (Non-Debtor Transfers) Bash v. Social Connects FT (Non-Debtor Transfers) Bash v. Strategic Sports Agency, FT (Non-Debtor Inc. Transfers) Bash v. Obsidian Capital FT (Non-Debtor Company, LLC; Timothy Durham; Transfers) Terry Whitesell (2 of 3 defendants) Bash v. Speedster Motorcars, Inc.; SpeedsterMotorSales Timothy Durham Bash v. Obsidian Leasing Company, Inc. Bash v. Playa del Racing, Inc. Bash v. Four Leaf Management

FT (Non-Debtor Transfers)

$

1,123,097.58

12-5090

$

5,215,366.19

12-5091

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

601816953_2.xlsx Claims & Amounts

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# 40 41 42

Case Name Bash v. Aesthetic Surgery Center, LLC; Beeson Aesthetic Surgery Institute, LLC Bash v. DW Trailer, LLC; Terry G. Whitesell (1 of 2 Defendants) Bash v. US Rubber Reclaiming, Inc. Bash v. Impressive Interiors and Designs, Inc.

Main Claim and Status FT (Non-Debtor Transfers)

Bankruptcy Case No. 12-5145

Claim Amount

FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers)

$

300,000.00

156,500.00

TOTAL: $

7,097,332.52

Settled

12-5147 12-5148

$

District Case No. 12-02016

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 176,000.00

12-02018

$

22,860,604.18

12-5153

43

1 2

Contract/Loan FT (Non-Debtor Transfers)

Bash v. National Lampoon

FT (Non-Debtor Transfers)

$

9,000,000.00

N/A

N/A

Bash v. FCS Advisors, Inc. dba Brevet Capital Advisors, et al.

Preference - SETTLED

$

1,905,036.00

10-5041

N/A

$

575,000.00

Bash v. Jeffrey Osler

FT (Non-Debtor Transfers)

$1,247,671.91,

11-5020

N/A

$

1,247,671.91

Bash v. Obsidian / Diamond

Substantive Consolidation

-

11-5049

N/A

5

6

GROUP C - OTHER LITIGATION $ 25,000,000.00 10-5043 $ 208,000,000.00 10-5038

$48 Million +

Bash v. Daniel Laikin Bash v. Fair Finance (McKibben litigation)

3

4

TOTAL:

$ TOTAL: $

N/A N/A

243,905,036.00

$ TOTAL:

GROUP D-1 - INVESTOR PREFERENCE CASES SETTLED W/O LITIGATION 601816953_2.xlsx Claims & Amounts

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$

1,822,671.91

# 1 2 3 4 5 6 7 8 9 10 11 12

Case Name Barbara Doria Charles Duane Sayre David N. Specter Eleanor Shaeffer James & Marjorie Freeman Jerry & Barbara Newcomer Mahlon Steffen Marilyn & Wilbur Terhune Marilyn DeCarlo Mark Shapiro Robert J. Wright Rosemary Brett

BCG Systems, Inc. 1 MyOfficeProducts

Main Claim and Status 547 - Investor 547 - Investor 547 - Investor

Claim Amount $ 16,427.49 $ 45,000.00 $ 101,528.77

Bankruptcy Case No.

District Case No.

Settled Y Y Paid in Full 547 - Investor $ 19,692.66 Y Paid in 547 - Investor $ 102,105.48 Full 547 - Investor $ 41,663.56 Y 547 - Investor $ 30,235.68 Y 547 - Investor $ 37,500.00 Y 547 - Investor $ 15,006.16 Paid in Full 547 - Investor $ 25,196.40 Paid in Full 547 - Investor $ 61,144.11 Hardship 547 - Investor $ 23,728.13 Y TOTAL: $ 519,228.44 TOTAL: GROUP D-2 - NON-INVESTOR PREFERENCE CASES SETTLED W/O LITIGATION 547 - Non-investor $ 80,437.72 250 Hours of Free IT Services 547 - Non-investor $ 11,342.25 Y

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 41,000.00 $ 90,000.00 $ 101,528.77

$

$

$ $

15,000.00 102,105.48

$

20,000.00

$ $

33,750.00 15,006.19

$

25,196.40

$ $ $

10,000.00 21,356.00 343,942.84

$

5,500.00

$

5,500.00

$

11,000.00

$

10,000.00

60,000.00

191,000.00

2

1 2

TOTAL: $ 91,779.97 TOTAL: $ GROUP E - CASES AGAINST INDIANA POLITICIANS RECEIVING DURHAM CONTRIBUTIONS Zoeller for Attorney General FT (Non-Debtor $ 11,000.00 Paid in Transfers) Full Aiming Higher FT (Non-Debtor $ 10,000.00 Paid in Transfers) Full

601816953_2.xlsx Claims & Amounts

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-

# 3 4 5 6 7 8 9

1

Case Name Indiana Republican State Committee Bash v. Committee to Elect Brian Bosma Bash v. House Republican Campaign Committee Bash v. Committee to Elect Paul Ricketts Carl Brizzi and Brizzi for Prosecutor Bash v. Marion County Republican Central Committee Bash v. Greater Indianapolis Republic Finance Committee

Main Claim and Status FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) FT (Non-Debtor Transfers) TOTAL:

Claim Amount $ 92,500.00

Bankruptcy Case No.

District Case No.

$

10,000.00

11-5095

Y

$

10,000.00

$

58,580.00

11-5096

Y

$

33,580.00

$

40,000.00

Y

$

32,000.00

Y

$

195,881.70

11-5098 $

226,616.74

$

5,000.00

11-5099

Y

$

4,250.00

$

27,943.00

11-5100

Y

$

23,751.55

$

481,639.74

TOTAL:

$

408,338.25

Y Paid in Full Paid in Full Hardship Y Y Y

$ $

312,100.00 47,940.00

$

370,999.96

$ $ $ $

25,000.00 84,000.00 22,500.00 260,000.00

Y TOTAL:

$ $

40,000.00 1,162,539.96

Bash v. Richard Hart Bash v. Nathan D. Isen, et al.

GROUP F - OTHER LITIGATION SETTLED PRIOR TO 11/10/2011 Contract/Loan $ 317,100.00 10-5160 Contract/Loan $ 47,940.00 10-5162

Bash v. Stephen & Linda Plopper

Contract/Loan

2 3 4 5 6 7 8

Settled Y

Settlement Amount or Amount of Claim Waiver Judgment Amount $ 87,875.00

$

370,999.96 11-5048

HSE Hockey Club, Inc. Gemini Funding Riley Bennett & Egloff Bash v. SCB Bank aka Shelby County Bank

Contract/Loan Contract/Loan FT (Debtor Transfers) Contract/Loan

$ $ $ $

Larry McCrary

PENDING APPROVAL $ TOTAL: $

234,666.75 118,051.00 25,000.00 1,077,914.00 11-5128

601816953_2.xlsx Claims & Amounts

71,825.76 2,263,497.47

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CERTIFICATE OF SERVICE A copy of the foregoing has been served via ECF or regular, U.S. Mail, on December 17, 2012, on the attached service list.

/s/ Brian A. Bash Brian A. Bash Counsel for the Trustee

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SERVICE LIST Electronic Mail Notice List The following is the list of parties who are currently on the list to receive e-mail notice/service for this case. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

Richard M Bain [email protected], [email protected] Stephen M Bales [email protected], [email protected] Brian A Bash [email protected], [email protected] Brian A Bash [email protected] John E. Bator [email protected], [email protected] Kathryn A. Belfance [email protected] John B. Blanton [email protected] Kelly Burgan [email protected] Patrick W. Carothers [email protected], [email protected];[email protected];[email protected];[email protected] Anthony J. Cespedes [email protected] Michael L. Cioffi [email protected] LeGrand L Clark [email protected], [email protected] Deborah A. Coleman [email protected], [email protected];[email protected];[email protected] Anthony J DeGirolamo [email protected] Daniel A DeMarco [email protected], [email protected];[email protected] Rocco I. Debitetto [email protected], [email protected] Duriya Dhinojwala [email protected], [email protected] Michelle L. DiBartolo [email protected], [email protected] James M. Dickerson [email protected], [email protected];[email protected] Breaden M Douthett [email protected], [email protected];[email protected] J Douglas Drushal [email protected] Charles R. Dyas [email protected] Joseph Esmont [email protected], [email protected];[email protected] Gregory R Farkas [email protected], [email protected] Adam Lee Fletcher [email protected] Dov Frankel [email protected], [email protected];[email protected] Leon Friedberg [email protected], [email protected];[email protected] Ronald P. Friedberg [email protected], [email protected] Marc P Gertz [email protected], [email protected];[email protected] Harry W Greenfield [email protected], [email protected];[email protected];[email protected] John J Guy [email protected] H Ritchey Hollenbaugh [email protected], [email protected];[email protected] Joseph F. Hutchinson [email protected], [email protected];[email protected] Steven G Janik [email protected] Cynthia A Jeffrey [email protected], [email protected] Kenneth C Johnson [email protected], [email protected] Nathaniel R. Jones [email protected] Patrick J Keating [email protected] Scott J. Kelly [email protected] Suzana Krstevski Koch [email protected], [email protected];[email protected] John F Kostelnik [email protected], [email protected] David R. Krebs [email protected], [email protected]

9

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• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

Stuart A. Laven [email protected], [email protected];[email protected];[email protected] James Michael Lawniczak [email protected] Trish D. Lazich [email protected], [email protected] Scott B. Lepene [email protected], [email protected],[email protected],[email protected] Jeffrey M Levinson [email protected] David A Looney [email protected], [email protected] Thomas R Lucchesi [email protected] Crystal L. Maluchnik [email protected] Grant A Mason [email protected] Matthew H Matheney [email protected], [email protected] Shorain L. McGhee [email protected] Warner Mendenhall [email protected], [email protected] Tarek E. Mercho [email protected] David P. Meyer [email protected], [email protected] David Polan Meyer [email protected] Michael J Moran [email protected], [email protected] David A Mucklow [email protected] Steven J. Mulligan [email protected] Maritza S. Nelson [email protected] Josephine S. Noble [email protected], [email protected] Alexis Courtney Osburn [email protected], [email protected] F. Anthony Paganelli [email protected] Mark A Phillips [email protected], [email protected];[email protected];[email protected] Kenneth G. Prabucki [email protected] Clinton E. Preslan [email protected] David F. Proano [email protected], [email protected] Stephen J Pruneski [email protected] Timothy J Richards [email protected], [email protected] Mark Riemer [email protected], [email protected] Tim Robinson [email protected], [email protected] James E Rossow [email protected], [email protected] Matthew J. Samsa [email protected], [email protected];[email protected] Rafael A Sanchez [email protected], [email protected] Richard V. Singleton [email protected], [email protected];[email protected] Dale S Smith [email protected], [email protected] Michael A. Steel [email protected], [email protected];[email protected] Rachel L. Steinlage [email protected], [email protected] Ray H Stoess [email protected] Megan D. Stricker [email protected], [email protected] Timothy M. Sullivan [email protected], [email protected];[email protected];[email protected] Jonathan D. Sundheimer [email protected] Gregory D Swope [email protected], [email protected] David J. Theising [email protected] Ronald N Towne [email protected], [email protected] Vance P Truman [email protected], [email protected] United States Trustee (Registered address)@usdoj.gov Michael S Tucker [email protected] Nancy A Valentine [email protected], [email protected];[email protected] Michael A. VanNiel [email protected] Thomas C Wagner [email protected], [email protected]

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• • • • • • •

Wayne County Litigants [email protected] Nicholas L. White [email protected], [email protected] Alicia Raina Whiting-Bozich [email protected], [email protected] Robert M Whittington [email protected] David E. Wright [email protected], [email protected] Lenore Kleinman ust04 [email protected] Maria D. Giannirakis ust06 [email protected]

11

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Manual Notice List The following is the list of parties who are not on the list to receive e-mail notice/service for this case (who therefore require manual noticing/service). Emily S. Donahue Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, TX 75202

Eric W. Sleeper Barton Barton & Plotkin LLP 420 Lexington Avenue New York, NY 10170

Christine A. Arnold 6005 Twin Lakes Drive Parma, OH 44219

Gary Sallee 11650 Olio Road, Suite 1000-333 Fishers, IN 46037

Charles R. Dyas, Jr. Barnes & Thornburg LLP Fifth Third Center 21 East State Street, Suite 1850 Columbus, OH 43215

Robert Hanlon Eileen Hanlon P.O. Box 42 State Route 43 Mogadore, OH 44260

Leon Friedberg Dennis J. Concilla Carl A. Aveni H. Ritchey Hollenbaugh Carlile Patchen & Murphy LLP 366 Broad Street Columbus, OH 43215

John McCauley, Esq. J. Richard Kiefer, Esq. Bingham McHale LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204

Robert Boote Ballard Shahr LLP 919 North Market Street, 12th Floor Wilmington, DE 19801-3034

Tobey Daluz Ballard Spahr LLP 919 North Market Street, 12th Floor Wilmington, DE 19801-3034

Leslie C Heilman Ballard Spahr LLP 919 North Market Street, 12th Floor Wilmington, DE 19801-3034

Jay Jaffe Faegre Baker Daniels LLP 600 E. 96th Street, Suite 600 Indianapolis, IN 46240

Lenore Kleinman Office of the United States Trustee Howard M. Metzenbaum U.S. Courthouse 201 Superior Avenue East, Suite 441 Cleveland, Ohio 44114

Michael V. Demczyk 12370 Cleveland Avenue, NW P.O. Box 867 Uniontown, OH 44685

Lothar Jung 12962 W. Linden Avenue Parma, OH 44130-5817

Charles Boerner 1848 Ritchie Road Stow, OH 44224

Mary I. Mace 3001 Bickleigh Avenue Akron, OH 44312-5921

John J. Kuster Benjamin R. Nagin Sidley Austin LLP 787 Seventh Avenue New York, NY 10019

12

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