UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IN RE: )
)
ITT EDUCATIONAL SERVICES, INC., et al.1 ) Case No. 16-07207-JMC-7A )
Debtors. ) Jointly Administered
AMENDED2 FINAL FEE APPLICATION OF
RUBIN & LEVIN, P.C. FOR SERVICES RENDERED
AND REIMBURSEMENT OF EXPENSES INCURRED AS LITIGATION CO-COUNSEL TO THE TRUSTEE IN CONNECTION WITH THE PEAKS AP
Rubin & Levin, P.C. (“Rubin & Levin”), litigation co-counsel to Deborah J. Caruso, the chapter 7 trustee in this case (the “Trustee”) in connection with the PEAKS AP (as defined below), hereby submits this final fee application, pursuant to 11 U.S.C. §§ 328 and 330 and Rule 2016 of the Federal Rules of Bankruptcy Procedure, for (a) final allowance of compensation for professional services performed by Rubin & Levin in connection with the PEAKS AP for the period commencing September 7, 2018 through and including October 21, 2020 (the
“Compensation Period”) in the amount of $2,620,795.00,3 and (b) reimbursement of its actual and necessary expenses in the amount of $1,233.08 incurred during the Compensation Period, on the following grounds:
I. JURISDICTION
1. The Court has jurisdiction over this application pursuant to 28 U.S.C. §§ 157 and 1334. This matter is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).
1 The debtors in these cases, along with the last four digits of their respective federal tax identification numbers are
ITT Educational Services, Inc. [1311]; ESI Service Corp. [2117]; and Daniel Webster College, Inc. [5980].
2 This amendment is solely to correct a typographical error in the notice section of the original application. The
original application mistakenly states that the hearing will be conducted on November 18, 2019, instead of November 18, 2020. Other than correcting this typographical error, there are no other changes in the amended application.
3 The total compensation amount of $2,620,795.00 consists of $223,920.00 for the Flat Hourly Fees (as defined
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2. Venue is proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409. 3. The statutory predicates for relief are sections 328 and 330 of Title 11 of the United States Code (the “Bankruptcy Code”) and Rule 2016 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”).
II. BANKRUPTCY CASE
4. On September 16, 2016 (the “Petition Date”), ITT Educational Services, Inc. (“ITT”), ESI Service Corp. (“ESI”) and Daniel Webster College, Inc. (“Webster College,” and together with ITT and ESI, the “Affiliated Debtors”) filed voluntary petitions for relief under chapter 7 of the Bankruptcy Code. The Trustee was appointed interim trustee under section 701 of the Bankruptcy Code in each of the Affiliated Debtors’ bankruptcy cases on the Petition Date, and in accordance with section 702(d) of the Bankruptcy Code, became the permanent case trustee on November 1, 2016 following the conclusion of the meeting of creditors held pursuant to section 341(a) of the Bankruptcy Code.
5. On October 4, 2016, the Court entered its Order Granting Motion for Joint Administration of Chapter 7 Cases [Docs 221 & 222], directing the Affiliated Debtors’ bankruptcy cases to be jointly administered for procedural purposes only.
III. THE PEAKS LITIGATION
6. The PEAKS Loan Program was a private student loan program which provided funding for students attending ITT schools starting in 2010. The PEAKS Loan Program was set up to provide the students with financing to pay 10% of the costs to attend ITT that was not covered by the Title IV federal student loans.
7. The PEAKS student loans were originated by Liberty Bank who then sold the loans to the PEAKS Trust 2009-1 (the “PEAKS Trust”). To finance the purchase of the PEAKS
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student loans from Liberty Bank, the PEAKS Trust raised over $300 million in senior debt from the senior creditors of the PEAKS Trust. The PEAKS Loan Program provided ITT with 72% of the student loan proceeds and a subordinated note.
8. Deutsche Bank National Company, Deutsche Bank Trust Company Delaware and Deutsche Bank Trust Company Americas served as trustee entities in a variety of roles to
effectuate the PEAKS Loan Program under the terms of certain program agreements that established the PEAKS Trust. These program agreements imposed various obligations on ITT, including that ITT had to make guarantee payments to the PEAKS Trust when it was under collateralized and indemnify the PEAKS Trust and other certain parties in various respects.
9. From the beginning of the Affiliated Debtors’ bankruptcy cases, the Trustee and Rubin & Levin began investigating the ITT private student loan programs, including the temporary credit program, the CUSO private loan program and the PEAKS Loan Program.
10. The Trustee and Rubin & Levin reviewed a massive amount of documents, data and legal briefs from a number of sources, including: (a) the bankruptcy cases and related adversary proceedings; (b) ITT’s own records; (c) the CUSO loan program; (d) the PEAKS Loan Program; (e) the Harvard legal clinic; (f) the CFPB; and (g) the many states that have been involved in these bankruptcy cases and related proceedings.
11. Prior to approval of the settlement agreement with the defendants in the PEAKS AP, over 35,000 former ITT students owed outstanding balances on their student loans pursuant to the PEAKS Loan Program (the “PEAKS Borrowers”). As of August 31, 2020, the
outstanding balance of these loans was approximately $278,000,000.
12. In October 2017, prior to initiating the PEAKS AP, the Trustee and Rubin & Levin made a settlement demand on the PEAKS Trust and certain related parties (the “PEAKS
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Parties”)4 and began settlement negotiations with counsel for the PEAKS Parties in May of 2018. The PEAKS Parties asserted strong defenses, which Rubin & Levin addressed and rebutted, including a safe harbor defense pursuant to section 546(e) of the Bankruptcy Code, statute of limitations, in pari delicto and good faith. In addition, the PEAKS Parties contested the fraud allegations, asserting that ITT received reasonably equivalent value and that ITT was solvent when the PEAKS Loan Program began at the end of 2010.
13. The parties were not able to reach a settlement and Rubin & Levin initiated the PEAKS AP on September 17, 2018.
14. On February 6, 2019, the Court issued an order referring the PEAKS AP to mediation. Over the course of the next 18 months, the parties exchanged documents and legal briefs and engaged in many sessions with the mediator, working diligently to reach an
agreement. The mediation was complex—it involved 27 parties with different roles in the PEAKS Loan Program and different interests, requiring numerous separate negotiations with different parties, and the mediation addressed several claims and defenses that presented complex legal and factual issues.
15. The mediation resulted in a global settlement between the PEAKS Parties and the Affiliated Debtors’ bankruptcy estates. The terms of the agreement between the PEAKS Parties and the Affiliated Debtors’ bankruptcy estates was memorialized in a written settlement
agreement which, because of the number of parties involved, was a lengthy protracted process. 16. The settlement was contingent on the PEAKS Parties reaching an agreement with the CFPB and 47 states and the District of Columbia, which agreements implement the
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forgiveness of the $278,000,000 in outstanding student loans pursuant to the PEAKS Loan Program.
17. The Trustee and Rubin & Levin have been involved in negotiations with the CFPB and many of the States Attorney Generals from the beginning of the bankruptcy cases. The Trustee and Rubin & Levin stayed in close contact with the CFPB throughout the settlement negotiations with the PEAKS Parties encouraging the consummation of a settlement that would result in forgiveness of the outstanding student loans pursuant to the PEAKS Loan Program.
18. In connection with four years of investigation into the PEAKS Loan Program and 18 months of settlement negotiations with the PEAKS Parties, the Affiliated Debtors’
bankruptcy estates, with the assistance and diligent efforts of Rubin & Levin, was able to reach an agreement with the PEAKS Parties, which is extremely beneficial to the bankruptcy estates and affords the PEAKS Borrowers relief from the $278,000,000 outstanding in student loans.
19. The settlement agreement with the PEAKS Parties was approved by the Court on October 21, 2020 [Doc 4110]. The Trustee testified at the hearing on the settlement agreement that the PEAKS Borrowers were very pleased with the settlement and particularly elated that the $278,000,000 outstanding in student loans will be forgiven and removed from their credit report, which will greatly improve their ability to purchase a car or a house and aid in obtaining better employment.
IV. FEES AND EXPENSES
20. On October 17, 2018, the Court entered its Order Granting Trustee’s Application to Employ Rubin & Levin, P.C. as Litigation Counsel to the Trustee Regarding Certain Claims on a Hybrid Fee Basis Effective Nunc Pro Tunc as of September 7, 2018 (the “Employment Order”) [Doc 2996], authorizing the employment of Rubin & Levin as litigation co-counsel to
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the Trustee with respect to the adversary proceeding of Deborah J. Caruso, the chapter 7 trustee for the bankruptcy estates of ITT Educational Services, Inc., et al. v. Peaks Trust 2009-1, et al., Adversary Proceeding No. 18-50272 (the “PEAKS AP”). The Employment Order authorizes Rubin & Levin’s employment on the following hybrid fee basis:
(a) A flat hourly fee rate of $295/hour for all attorneys working on the matter (the “Flat Hourly Fees”);5 and
(b) A contingent fee in the amount equal to 25.0% of the Gross Recovery6 realized with respect to the PEAKS AP (the “Contingent Fee”).
Summary of Flat Hourly Fees and Expenses
21. Pursuant to the interim compensation procedures previously approved by the Court and certain interim compensation orders, Rubin & Levin has received or is entitled to receive the following Flat Hourly Fees and expenses:
5 This also includes a reduced flat hourly fee rate of $175/hour for all paraprofessionals working on the matter. 6 “Gross Recovery” means “[a]ll payments, sums, property, or anything of value (including cash, liens, stock, stock
options, warrants, stock appreciation rights, partnership shares or units, withdrawal or waiver of claims, or any other form of non-cash payment) received by the Trustee as a result of any claim, demand, negotiation, license,
assignment, settlement, or lawsuit regarding the claims that are the subject of the Peaks AP, including past damages, future damages, royalties, and all related forms of compensation and, in addition, any amounts recovered as interest, increased damages, enhanced damages, treble damages or punitive damages.” SeeTrustee’s Application to Employ Rubin & Levin, P.C. as Litigation Counsel to the Trustee Regarding Certain Claims on a Hybrid Fee Basis Effective Nunc Pro Tunc as of September 7, 2018 (the “Employment Application”) [Doc 2944]. Moreover, “[t]he amount payable to Rubin & Levin shall be its share of the Gross Recovery inclusive of any award of attorneys’ fees and any such attorneys’ fee award shall not be a limitation or substitute for Rubin & Levin’s share of the Gross Recovery.” Id.
7 Compensation Period Total Fees Total
Expenses
Total Fees & Expenses
Total Paid Per Interim Compensation Procedures Total Holdback Paid Balance Owed 9/7/2018 to 9/30/2019 $160,137.00 $1,213.68 $161,350.68 $129,323.28 $32,027.407 $0.00 10/1/2019 to 3/31/2020 $43,927.00 $7.50 $43,934.50 $35,149.10 $8,785.408 $0.00 4/1/2020 to 7/31/2020 $19,856.00 $11.90 $19,867.90 $15,896.70 $0.009 $3,971.20 TOTAL: $223,920.00 $1,233.08 $225,153.08 $180,369.08 $40,812.80 $3,971.20
22. Accordingly, pursuant to the 1st Interim Fee Order, the 2nd Interim Fee Order and the notice of invoice filed for the compensation period of April 1, 2020 to July 31, 2020, Rubin & Levin has received a total of $221,181.88 in connection with its Flat Hourly Fees and incurred expenses during the Compensation Period. There remains unpaid a total of $3,971.20 for the 20.0% holdback for Rubin & Levin’s Flat Hourly Fees incurred after the 2nd Interim
Compensation Period (the “Holdback”).
23. A full accounting of all services rendered by Rubin & Levin on behalf of the Trustee during the Compensation Period is contained in related time records attached to all the notices of invoices previously filed by Rubin & Levin in connection with the PEAKS AP. [See
Docs 3016, 3133, 3153, 3273, 3347, 3433, 3532, 3653, 3774, 3863, 3883 and 4025.] 24. The actual and necessary out-of-pocket expenses incurred by Rubin & Levin during the Compensation Period in the amount of $1,233.08 are itemized as follows:
7 Pursuant to the Order Granting 1st Interim Fee Application of Rubin & Levin, P.C. for Services Rendered and Reimbursement of Expenses Incurred as Litigation Co-Counsel to the Trustee in Connection with the Peaks AP (the “1st Interim Fee Order”) [Doc 3764], the total fees and expenses for the compensation period of September 7, 2018
to September 30, 2019 were approved on an interim basis and the Trustee was authorized and did pay Rubin & Levin the holdback in the amount of $32,027.40.
8 Pursuant to the Order Granting 2nd Interim Fee Application of Rubin & Levin, P.C. for Services Rendered and Reimbursement of Expenses Incurred as Litigation Co-Counsel to the Trustee in Connection with the Peaks AP (the “2nd Interim Fee Order”) [Doc 3928], the total fees and expenses for the compensation period of October 1, 2019 to
March 31, 2020 were approved on an interim basis and the Trustee was authorized and did pay Rubin & Levin the holdback in the amount of $8,785.40.
9 Rubin & Levin has not previously sought interim approval of its fees and expenses for the compensation period of
April 1, 2020 to July 31, 2020. Rubin & Levin is not seeking any additional Flat Hourly Fees or expenses for the time period following July 31, 2020.
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Expense Category Amount
Copy Expense $854.94 Conference Call $4.95 Online Research Lexis-Nexis Research $3.74 PACER Research $15.60 Postage $353.85 TOTAL: $1,233.08
All expense entries detailed in Rubin & Levin’s time records include an itemization of the expenses by category, the date the expense was incurred, and the amount of the expense. The requested expenses are of the kind customarily charged by Rubin & Levin for similar items in other similar matters.
Contingent Fee
25. As a result of Rubin & Levin’s efforts, the Trustee and the PEAKS Parties entered into a settlement agreement resolving all claims and causes of action related to the PEAKS AP. Pursuant to this settlement, the Affiliated Debtors’ bankruptcy estates will receive a total
settlement payment of $9,587,500.00 (the “Settlement Payment”), which is only part of the total Gross Recovery. The total Gross Recovery as a result of the settlement also includes the waiver of the proofs of claim filed by the PEAKS Parties, estimated at $15,000,000 to $20,000,000. In addition, the settlement includes forgiveness of approximately $278,000,000 outstanding student loans pursuant to the PEAKS Loan Program.
26. In addition to the Flat Hourly Fees of $223,920.00, Rubin & Levin is also entitled to a Contingent Fee of 25.0% of the total Gross Recovery. [See Employment Order at ¶ 3(b).] However, for purposes of calculating the Contingent Fee amount, Rubin & Levin is only seeking authorization to receive 25.0% of the Settlement Payment, or $2,396,875.00. Accordingly, in addition to the reimbursement of expenses in the amount of $1,233.08, the total amount of fees
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for which Rubin & Levin is seeking final allowance of is $2,620,795.00 ($223,920.00 for the Flat Hourly Fees and $2,396,875.00 for the Contingent Fee).
V. RELIEF REQUESTED
27. By this application, Rubin & Levin requests entry of an order for, (a) final allowance of $2,620,795.00 as compensation for professional services rendered as co-litigation counsel to the Trustee with respect to the PEAKS AP and reimbursement of actual and necessary out-of-pocket expenses in the amount of $1,233.08 incurred during the Compensation Period, (b) authorizing the Trustee to pay Rubin & Levin the amount of $3,971.20 for the unpaid Holdback and the amount of $2,396,875.00 for the Contingent Fee, for a total of $2,400,846.20.
VI. GROUNDS FOR GRANTING RELIEF REQUESTED 28. Section 330 of the Bankruptcy Code provides that a court may award a
professional employed under section 327 of the Bankruptcy Code “reasonable compensation for actual, necessary services rendered . . . and reimbursement for actual, necessary expenses.” 11 U.S.C. § 330(a)(1)(A)-(B).
29. In addition, section 328(a) of the Bankruptcy Code contemplates preapproved compensation arrangements of professionals employed by a trustee “on any reasonable terms and conditions of employment, including on a retainer, on an hourly basis, on a fixed or percentage fee basis, or on a contingent fee basis.” Although the terms of compensation are preapproved, the bankruptcy court may nonetheless allow different compensation from the terms which were approved if “after the conclusion of such employment, . . . such terms and conditions prove to have been improvident in light of developments not capable of being anticipated at the time of the fixing of such terms and conditions.” 11 U.S.C. § 328(a).
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30. Bankruptcy courts review and approve professional fee applications either under the reasonableness standard of section 330(a)(1) of the Bankruptcy Code or the “improvident” standard of section 328(a) of the Bankruptcy Code, depending upon whether the terms of employment have been preapproved. In re Gilbertson, 2007 U.S. Dist. LEXIS 11734, *8 (D. Wis. Feb. 4, 2007); In re Merry-Go-Round Enters., 244 B.R. 327 (Bankr. Md. Jan. 27, 2000); In re F.V. Steel & Wire Co. v. Houlihan Lokery Howard & Zukin Capital, L.P., 350 B.R. 835 (E.D. Wis. 2006) (concluding that, absent unanticipated circumstances, a court may not modify, under section 330(a), a professional’s compensation arrangement preapproved under section 328(a)); In re Rest. Dev. Group, Inc., 2008 Bankr. LEXIS 4561 (Bankr. N.D. Ill. Sept. 5, 2008) (noting the necessary and reasonable requirement of section 330 should not be read to invalidate agreements approved by the court under section 328(a)) (citing In re Benassi, 72 B.R. 44, 47 (D. Minn. 1987).
31. Rubin & Levin’s employment was approved by the Court on a hybrid fee basis. In light of the $9,587,500.00 settlement payment in connection with the PEAKS AP, the forgiveness of approximately $278,000,000 of student loans pursuant to the PEAKS Loan Program and the waiver of the proofs of claim filed by the PEAKS Parties, the requested Flat Hourly Fees and the Contingent Fee are both reasonable and appropriate under section 328(a) of the Bankruptcy Code and section 330(a)(1) of the Bankruptcy Code.
32. In connection with the matters covered by this application, Rubin & Levin received no payment and no promises of payment for services rendered, or to be rendered, from any source other than the Affiliated Debtors’ bankruptcy estates. There is no agreement or understanding between Rubin & Levin and any other person, other than members of the firm, for
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the sharing of compensation received for services rendered in the Affiliated Debtors’ bankruptcy cases.
VII. NOTICE
33. Pursuant to the Notice, Case Management and Administrative Procedures (the “Case Management Procedures”) approved by the Court on October 4, 2016 [Doc 220], the Trustee will serve a copy of this application on the following (as defined in the Case
Management Procedures): (a) the Core Group; (b) the Request for Notice List; and (c) the Appearance List.
NOTICE IS GIVEN, that pursuant to the Case Management Procedures, any objection to this application must be in writing and filed with the Bankruptcy Clerk by no later than 4:00 p.m. on November 11, 2020. Those not required or not permitted to file electronically must deliver any objection by U.S. mail, courier overnight/express mail or in person at:
116 U.S. Courthouse 46 East Ohio Street Indianapolis, IN 46204
The objecting party must also serve a copy of the written objection upon the Trustee’s counsel, at Counsel for Trustee Deborah J. Caruso, Rubin & Levin, P.C., 135 N. Pennsylvania Street, Suite 1400, Indianapolis, IN 46204. If an objection is NOT timely filed, the requested relief may be granted without a hearing.
NOTICE IS FURTHER GIVEN that in the event of an objection to this application is timely filed, a hearing on this application and such objection will be conducted on November 18, 2020 at 1:30 p.m. (prevailing Eastern time), in Room 325 of the United States Courthouse, 46 East Ohio Street, Indianapolis, IN 46204.
WHEREFORE, Rubin & Levin respectfully requests the Court enter an order: (i)
allowing on a final basis compensation for professional services rendered as co-litigation counsel to the Trustee with respect to the PEAKS AP in the amount of $2,620,795.00 and reimbursement of actual and necessary out-of-pocket expenses in the amount of $1,233.08 incurred during the Compensation Period; (ii) authorizing the Trustee to pay Rubin & Levin the amount of $3,971.20
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for the unpaid Holdback and the amount of $2,396,875.00 for the Contingent Fee, for a total of $2,400,846.20; and (iii) granting Rubin & Levin all other just and proper relief.
Respectfully submitted, RUBIN & LEVIN, P.C. By: /s/ Meredith R. Theisen
Meredith R. Theisen
Deborah J. Caruso (Atty. No. 4273-49) John C. Hoard (Atty. No. 8024-49)
Meredith R. Theisen (Atty. No. 28804-49) RUBIN & LEVIN, P.C.
135 N. Pennsylvania Street, Suite 1400 Indianapolis, Indiana 46204 Tel: (317) 634-0300 Fax: (317) 263-9411 Email: [email protected] [email protected] [email protected]
Attorneys for Deborah J. Caruso, Trustee CERTIFICATE OF SERVICE
I hereby certify that on October 30, 2020, a copy of the foregoing Amended Final Fee Application of Rubin & Levin, P.C. for Services Rendered and Reimbursement of Expenses Incurred as Litigation Co-Counsel to the Trustee in Connection with the PEAKS AP was filed electronically. Pursuant to Section IV.C.3(a) of the Case Management Procedures, notice of this filing will be sent to the following parties through the Court’s Electronic Case Filing System. Parties may access this filing through the Court’s system.
John Joseph Allman [email protected], [email protected] Richard Allyn [email protected]
Robert N Amkraut [email protected]
Scott S. Anders [email protected], [email protected] Reuel D Ash [email protected], [email protected]
Todd Allan Atkinson [email protected]
Kay Dee Baird [email protected], [email protected];[email protected] Christopher E. Baker [email protected], [email protected]
James David Ballinger [email protected], [email protected] Joseph E. Bant [email protected]
William J. Barrett [email protected], [email protected] Ashley Flynn Bartram [email protected]
Alex M Beeman [email protected], [email protected] Thomas M Beeman [email protected]
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Thomas Berndt [email protected], [email protected] John J Berry [email protected], [email protected] Brandon Craig Bickle [email protected]
Jill B. Bienstock [email protected]
Michael Blumenthal [email protected] David J. Bodle [email protected], [email protected] Robert A. Breidenbach [email protected]
Wendy D Brewer [email protected], [email protected]
Kayla D. Britton [email protected], [email protected] Robert Bernard Bruner [email protected]
Jason R Burke [email protected], [email protected] Erin Busch [email protected]
John Cannizzaro [email protected], [email protected] Kevin M. Capuzzi [email protected],
[email protected];[email protected] James E. Carlberg [email protected],
[email protected];[email protected] Steven Dean Carpenter [email protected]
Deborah Caruso [email protected], [email protected];[email protected];[email protected]
Deborah J. Caruso [email protected], [email protected];[email protected]
Joshua W. Casselman [email protected], [email protected];[email protected]
Ben T. Caughey [email protected] Sonia A. Chae [email protected]
John Andrew Chanin [email protected], [email protected] Courtney Elaine Chilcote [email protected],
[email protected];[email protected] Dale C Christensen [email protected] Eboney Delane Cobb [email protected] Tiffany Cobb [email protected]
Michael Edward Collins [email protected]
Michael Anthony Collyard [email protected], [email protected] Eileen Connor [email protected]
Lawrence D. Coppel [email protected]
Heather M. Crockett [email protected], [email protected] J Russell Cunningham [email protected], [email protected]
Erica Dausch [email protected]
Melissa J. DeGroff [email protected], [email protected] Dustin R. DeNeal [email protected],
[email protected];[email protected]
Laura A DuVall [email protected], [email protected] Annette England [email protected]
Charles Anthony Ercole [email protected], [email protected] Carolyn Meredith Fast [email protected]
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Elaine Victoria Fenna [email protected] Andrew W Ferich [email protected]
Scott Patrick Fisher [email protected], [email protected] John David Folds [email protected], [email protected] Jennifer N Fountain [email protected], [email protected]
Sarah Lynn Fowler [email protected], [email protected],[email protected] Lauren Freeman [email protected] Robert W. Fuller [email protected],
[email protected],[email protected] Carlos Galliani [email protected]
Jonathan William Garlough [email protected], [email protected];[email protected] Lisa Giandomenico [email protected]
Lea Pauley Goff [email protected], [email protected] John C Goodchild [email protected]
Douglas Gooding [email protected]
John Andrew Goodridge [email protected], [email protected];[email protected] Michael Wayne Grant [email protected]
Richard Grayson Grant [email protected], [email protected] Alan Mark Grochal [email protected]
Elizabeth N. Hahn [email protected], [email protected] Gregory Forrest Hahn [email protected], [email protected]
Julian Ari Hammond [email protected], [email protected] Wallace M Handler [email protected], [email protected]
William J. Hanlon [email protected] Adam Craig Harris [email protected]
Jeffrey M. Hawkinson [email protected], [email protected]
Michael J. Hebenstreit [email protected], [email protected] Amanda Marie Hendren [email protected]
Claude Michael Higgins [email protected]
Michael W. Hile [email protected], [email protected] Sean M Hirschten [email protected]
Robert M. Hirsh [email protected]
John C. Hoard [email protected], [email protected];[email protected];[email protected]
Curt Derek Hochbein [email protected], [email protected] Jeffrey A Hokanson [email protected],
[email protected],[email protected] Steven Howard Holinstat [email protected] Diana Hooley [email protected]
Thomas Ross Hooper [email protected]
George Wade Hopper [email protected], [email protected] Andrew E. Houha [email protected]
Andrew W. Hull [email protected], [email protected] James C Jacobsen [email protected], [email protected]
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Jay Jaffe [email protected], [email protected] David Januszewski [email protected]
Benjamin F Johns [email protected], [email protected] Russell Ray Johnson [email protected]
Kenneth C. Jones [email protected]
Anthony R. Jost [email protected], [email protected] David J. Jurkiewicz [email protected],
[email protected];[email protected];[email protected] Aaron Kappler [email protected]
Timothy Q. Karcher [email protected]
Steven Joseph Kasyjanski [email protected], [email protected] Alan Katz [email protected]
Richard B. Kaufman [email protected] Carly Kessler [email protected]
John M. Ketcham [email protected], [email protected] Taejin Kim [email protected]
Edward M King [email protected], [email protected];[email protected] Roy F. Kiplinger [email protected], [email protected] Jackson Taylor Kirklin [email protected], [email protected] James A. Knauer [email protected], [email protected]
Kevin Dale Koons [email protected], [email protected] Harris J. Koroglu [email protected], [email protected] Lawrence Joel Kotler [email protected]
Robert R Kracht [email protected]
Andrew L. Kraemer [email protected], [email protected] David R. Krebs [email protected], [email protected]
Jerrold Scott Kulback [email protected] Jay R LaBarge [email protected]
Darryl S Laddin [email protected]
Michael J. Langlois [email protected], [email protected] Vilda Samuel Laurin [email protected]
Jordan A Lavinsky [email protected] Todd Evan Leatherman [email protected]
David S Lefere [email protected], [email protected] Anthony Darrell Lehman [email protected]
Martha R. Lehman [email protected],
[email protected];[email protected];[email protected] Gary H Leibowitz [email protected],
[email protected];[email protected] Donald D Levenhagen [email protected] Elizabeth Marie Little [email protected] Edward J LoBello [email protected]
Melinda Hoover MacAnally [email protected], [email protected];[email protected]
Christopher John Madaio [email protected]
16 Steven A. Malcoun [email protected] Jonathan Marshall [email protected]
Thomas Marvin Martin [email protected] Jeff J. Marwil [email protected],
[email protected];[email protected];[email protected]
Charles Edward Massey [email protected], [email protected] Ann Wilkinson Matthews [email protected]
Rachel Jaffe Mauceri [email protected]
Sarah Thomas Mayhew [email protected], [email protected] Michael K. McCrory [email protected], [email protected]
Maureen Elin McOwen [email protected] Harley K Means [email protected],
[email protected];[email protected];[email protected] Toby Merrill [email protected], [email protected] Robert W. Miller [email protected]
Sherry Millman [email protected]
Jason Milstone [email protected]
Thomas E Mixdorf [email protected], [email protected] James P Moloy [email protected],
[email protected];[email protected] Ronald J. Moore [email protected]
Hal F Morris [email protected]
Michael David Morris [email protected]
Kevin Alonzo Morrissey [email protected], [email protected];[email protected];[email protected]
Whitney L Mosby [email protected], [email protected] C Daniel Motsinger [email protected],
[email protected];[email protected]
Lee Duck Moylan [email protected], [email protected]
Joseph L. Mulvey [email protected], [email protected] Abraham Murphy [email protected]
Justin Scott Murray [email protected]
Alissa M. Nann [email protected], [email protected] Henry Seiji Newman [email protected]
Kevin M. Newman [email protected], [email protected] Cassandra A. Nielsen [email protected],
[email protected],[email protected];[email protected] Ryan Charles Nixon [email protected]
Isaac Nutovic [email protected]
Michael O'Donnell [email protected]
Gregory Ostendorf [email protected], [email protected] Weston Erick Overturf [email protected],
[email protected];[email protected]
Pamela A. Paige [email protected], [email protected] Kenneth Pasquale [email protected]
17 Danielle Ann Pham [email protected] Anthony Pirraglia [email protected]
Jack A Raisner [email protected], [email protected] Jonathan Hjalmer Reischl [email protected]
Michael Rella [email protected]
Caroline Ellona Richardson [email protected], [email protected] James Leigh Richmond [email protected]
John M. Rogers [email protected],
[email protected];[email protected];[email protected];[email protected] Melissa M. Root [email protected], [email protected]
David A. Rosenthal [email protected]
James E Rossow [email protected], [email protected];[email protected]
Rene Sara Roupinian [email protected], [email protected];[email protected];[email protected]
Victoria Fay Roytenberg [email protected], [email protected] Steven Eric Runyan [email protected]
Karl T Ryan [email protected], [email protected] Joseph Michael Sanders [email protected]
Thomas C Scherer [email protected], [email protected]
James R. Schrier [email protected], [email protected];[email protected] Ronald James Schutz [email protected]
H. Jeffrey Schwartz [email protected] Courtney Michelle Scott [email protected]
Joseph E Shickich [email protected], [email protected] Mary Alexandra Shipley [email protected]
Randall R Shouse [email protected], [email protected] William E Smith [email protected], [email protected]
Lauren C. Sorrell [email protected],
[email protected];[email protected];[email protected];shammersley@kdlegal. com
Berry Dan Spears [email protected] Catherine L. Steege [email protected],
[email protected];[email protected];[email protected] LaChelle D Stepp [email protected], [email protected] Jason V Stitt [email protected]
Sharon Stolte [email protected]
Jesse Ellsworth Summers [email protected], [email protected]
Matthew G. Summers [email protected], [email protected] Jonathan David Sundheimer [email protected]
Nathan L Swehla [email protected]
Nancy K. Swift [email protected], [email protected] Andrew W.J. Tarr [email protected],
[email protected],[email protected] Eric Jay Taube [email protected],
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Meredith R. Theisen [email protected], [email protected];[email protected]
Meredith R. Theisen [email protected],
[email protected];[email protected];[email protected] Jessica L Titler [email protected]
David Tocco [email protected], [email protected]
Todd Christian Toral [email protected], [email protected] Ronald M. Tucker [email protected], [email protected],[email protected] Christopher Turner [email protected], [email protected]
Michael Tye [email protected]
U.S. Trustee [email protected]
Lauren Valkenaar [email protected] Sally E Veghte [email protected], [email protected] Rachel Claire Verbeke [email protected]
Aimee Vidaurri [email protected] Amy L VonDielingen [email protected] Amy E Vulpio [email protected]
Carolyn Graff Wade [email protected] Christopher D Wagner [email protected] Louis Hanner Watson [email protected]
Jeffrey R. Waxman [email protected], [email protected];[email protected]
Philip A. Whistler [email protected], [email protected] Bradley Winston [email protected], [email protected] Brandon Michael Wise [email protected]
Cathleen Dianne Wyatt [email protected], [email protected]
James T Young [email protected], [email protected];[email protected] James E. Zoccola [email protected]
I further certify that on October 30, 2020, pursuant to Section IV.C.3(c) of the Case Management Procedures, a copy of the foregoing Amended Final Fee Application of Rubin & Levin, P.C. for Services Rendered and Reimbursement of Expenses Incurred as Litigation Co-Counsel to the Trustee in Connection with the PEAKS AP was emailed to the following: Arlington ISD/Richardson ISD: Eboney Cobb at [email protected]
CEC Red Run, LLC: Alan M. Grochal at [email protected] SWRE Deal V Building, LLC: Paul Weiser at [email protected]
Tarrant County/Dallas County: Elizabeth Weller at [email protected] Northwest Natural Gas Company: Ashlee Minty at [email protected] Solar Drive Business, LLC: Chris W. Halling at [email protected] Market-Turk Company: Jordan A. Lavinsky at [email protected]
Taxing Authority for Harris County, Texas: John P. Dillman at [email protected] Texas Comptroller of Public Accounts: Rachel Obaldo at [email protected]
Clear Creek Independent School District: Carl O. Sandin at [email protected]
Synchrony Bank: Recovery Management Systems Corporation at [email protected] Bexar County: Don Stecker at [email protected]
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SWRE Deal V Building, LLC: Nancy K. Swift at [email protected] TN Dept. of Revenue: Michael Willey at [email protected]
Florida Department of Education: Benman D. Szeto at [email protected] Last Second Media, Inc.: T. Todd Egland at [email protected]
Hung Duong: Kevin Schwin at [email protected]
Travis County: Kay D. Brock at [email protected]
Able Building Maintenance: Scott D. Fink at [email protected] Marathon Ventures, LLC: Daniel M. Karger at [email protected]
Oklahoma County Treasurer: Tammy Jones at [email protected] JM Partners LLC: John Marshall at [email protected]
/s/ Meredith R. Theisen
Meredith R. Theisen
g:\wp80\trustee\caruso\itt educational - 86723901\drafts\fee applications\rubin & levin\peaks ap\amended final fee application r&l peaks - revised.docx
