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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----
In re
DITECH HOLDING CORPORATION, et al., Debtors.1 --- X : : : : : X Chapter 11 Case No. 19-10412 (JLG) (Jointly Administered)
FIRST AMENDED VERIFIED STATEMENT OF LOEB & LOEB LLP PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 2019
Loeb & Loeb LLP (“Loeb”) hereby submits this verified statement pursuant to Federal Rule of Bankruptcy Procedure 2019, and states as follows:
1. As indicated to the Court in its Verified Statement of Loeb & Loeb LLP Pursuant to Federal Rule of Bankruptcy Procedure 2019 submitted on December 17, 2020 [Docket No. 3103], Loeb represents the States of Delaware, Illinois, Iowa, and Montana (collectively, the “States”) in these bankruptcy cases.
2. Loeb hereby submits this First Amended Verified Statement for the purpose of notifying the Court and all parties in interest that Loeb also represents the District of Columbia (the “District”) in these cases. The States and District addresses are set forth on Exhibit A to this First Amended Verified Statement.
1 The Wind Down Estates, along with the last four digits of their federal tax identification number, as
applicable, are Ditech Holding Corporation (0486); DF Insurance Agency LLC (6918); Ditech Financial LLC (5868); Green Tree Credit LLC (5864); Green Tree Credit Solutions LLC (1565); Green Tree Insurance Agency of Nevada, Inc. (7331); Green Tree Investment Holdings III LLC (1008); Green Tree Servicing Corp. (3552); Marix Servicing LLC (6101); Walter Management Holding Company LLC (9818); and Walter Reverse Acquisition LLC (8837). The Wind Down Estates’ principal offices are located at 1100 Virginia Drive, Suite 100, Fort Washington, Pennsylvania 19034.
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3. Each of the States and the District is participating in these bankruptcy cases to recover property of the former customers of the captioned debtors (the “Debtors”) that has escheated or may escheat to the States and/or the District under each State’s and the District’s respective laws. Such property does not constitute property of the Debtors’ estates.
4. Loeb was retained after commencement of the Debtors’ bankruptcy cases in connection with the Plan Administrator’s motion concerning unclaimed borrower funds (ECF No. 2874). In particular, on behalf of the States, on December 1, 2020, Loeb submitted an objection on behalf of the States on December 1, 2020 [Docket No. 3039] (the “Objection”) in response to the Motion of Plan Administrator for Entry of Order in Aid of Execution of Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and its Affiliated Debtors (I) Authorizing Plan Administrator to Return Unclaimed Borrower Funds to Ascertained Borrowers, if any, (II) Establishing Procedures for Remaining Borrowers to Submit Requests for Return of Unclaimed Borrower Funds, (III) Establishing Special Deadline After Which Wind Down Estates Will Cease Efforts to Locate Borrowers and to Return Unclaimed Borrower Funds, and (IV) Granting Related Relief [Docket No. 2874] (the “Motion”). Loeb also appeared on behalf of the States at the hearing on the Motion on December 17, 2020. To the extent that Loeb has indicated that the States continue to stand on the outstanding objection that were set forth in the Objection, and to the extent that such objections have not been overruled by the Court, the District hereby joins in the positions advanced by Loeb on behalf of the States in the Objection and at the December 17, 2020 hearing.
5. The States and the District are aware of the contemporaneous representation by Loeb.
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6. To the best of the knowledge of the undersigned, neither Loeb, nor any attorney or legal assistant thereof, has at any time during this representation owned any claim against or equity interest in the Debtors.
7. Loeb may also represent other clients in matters pertaining to the Debtors and in the future may undertake other engagements. Those representations may or may not result in representation in this bankruptcy case; if they do come to involve representation in this bankruptcy case, this First Amended Verified Statement will be amended.
8. The undersigned verifies that the foregoing is true and correct to the best of his knowledge.
Dated: New York, New York March 3, 2021
LOEB & LOEB, LLP
_/s/ Vadim J. Rubinstein___________________ By: Vadim J. Rubinstein
345 Park Avenue
New York, New York 10154 Phone: (212) 407-4092
Email: vrubinstein@loeb.com
_/s/ Steven S. Rosenthal___________________ By: Steven S. Rosenthal (Admitted Pro Hac Vice) Marc S. Cohen (Admitted Pro Hac Vice)
Alicia Clough (Admitted Pro Hac Vice) 901 New York Ave NW Suite 300 Washington, DC 20001
Telephone: (202) 618-5000 Email: srosenthal@loeb.com mscohen@loeb.com
aclough@loeb.com
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Exhibit A
Brenda MayrackDelaware Department of Finance Office of Unclaimed Property PO Box 8931
Wilmington, DE 19899-8931 David Van de Burgt
Division Chief - Government Representation at Illinois Attorney General’s Office
100 West Randolph Street, 12th Floor Chicago, Illinois 60601
Karen Austin, MBA Chief of Staff Treasurer of State
Lucas State Office Building 321 E. 12th Street, 1st Floor Des Moines, Iowa 50319 Teresa G. Whitney Senior Tax Counsel
Special Assistant Attorney General
State of Montana, Department of Revenue 125 N. Roberts
Helena, MT 59624 Nancy L. Alper
Senior Assistant Attorney General
Office of the Attorney General for the District of Columbia 400 6th Street, N.W.