norton property mgmt. services llc - dismissing bk case

7/31/2019 Norton Property Mgmt. Services LLC - Dismissing BK case

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4843-2221-2113.1

LEWISBRISBOI

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LEWIS BRISBOIS BISGAARD & SMITH LLPANNIE VERDRIES, SB# 91049

E-Mail: [email protected] Town Center Drive, Suite 1400Costa Mesa, California 92626Telephone: 714.545.9200

Facsimile: 714.850.1030

Attorneys for San Bernardino InternationalAirport Authority, a California Joint PowersAuthority

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION

In re

NORTON PROPERTY MANAGEMENTSERVICES LLC,

Debtor.

CASE NO. 6:11-bk-47001-DS

Chapter 11

ORDER DISMISSING BANKRUPTCYCASE WITH 180 DAY BAR TOREFILING, DEEMING HANGAR LEASEREJECTED, REQUIRING IMMEDIATETURNOVER OF PREMISES, ANDESTABLISHING PROCEDUREREGARDING SEGEGATED DEBTOR-IN-POSSESION BANK ACCOUNT

Judge: Hon. Deborah J. SaltzmanDate: October 15, 2012Time: 1:00 p.m.Crtrm: 304

On October 15, 2012, at 1:00 p.m., in Courtroom 304, located at 3420 Twelfth Street,

Riverside, California 92501, San Bernardino International Airport Authority (SBIAA) moved this

Court on an emergency basis for an order dismissing or converting the above-entitled case, or for

the appointment of a Chapter 11 Trustee. Annie Verdries appeared on behalf of SBIAA,

Michael J. Bujold appeared for the United States Trustee, and C. John M. Melissinos appeared on

behalf of Debtor and Debtor-in-Possession Norton Property Management Services LLC (Debtor).

All other appearances are as reflected in the records of the Court.

The court having reviewed the pleadings and records on file herein, having reviewed the

FILED & ENTERED

OCT 19 2012

CLERK U.S. BANKRUPTCY COURTCentral District of CaliforniaBY DEPUTY CLERKsapronet

CHANGES MADE BY COURT

Case 6:11-bk-47001-DS Doc 208 Filed 10/19/12 Entered 10/19/12 12:34:22 DescMain Document Page 1 of 5


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4843-2221-2113.1 2

LEWISBRISBOI

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motion filed by SBIAA and the opposition filed by the Debtor, and having heard argument of

counsel and good cause appearing, therefore orders:

1. The Restated Hangar Lease Agreement dated October 14, 2010, between Debtor

and SBIAA (Hangar Lease) for Building 763 located at the San Bernardino International Airport,

255 S. Leland Norton Way, San Bernardino, California (Premises) is deemed rejected as of

October 15, 2012.

2. To the extent Debtor is in possession of the Premises, it is ordered to immediately

surrender the Premises to SBIAA.

3. Debtor may remove its personal property from the Premises. SBIAA and Debtor

will cooperate to facilitate such removal within a reasonable time.

4. Debtor shall cause the funds (Funds) in the segregated bank account ordered to be

established by the court on July 12, 2012, to be turned over to Lewis Brisbois Bisgaard & Smith

LLP (LBBS), attention: Annie Verdries, which Funds shall be held in the client trust account of

LBBS pending further order of this court.

5. Debtors counsel shall provide a 45-day notice to professionals to file fee

applications with respect to their administrative claims. SBIAA shall serve a copy of this Order

on all creditors providing that all claims to the Funds must be filed no later than November 15,

2012, with a hearing date therefore of December 6, 2012, at 1:30 p.m. before this court. The court

will retain jurisdiction to determine administrative claims and the disposition of the Funds.

6. Judgment is entered in favor the U.S. Trustee and against the Debtor in the total

amount of $5,850.00 with respect to United States Trustee fees owing for the third and fourth

quarters of 2012, subject to the Debtor being allowed to submit evidence regarding actual

disbursements that would reduce such figure in conjunction with the December 6, 2012 hearing.

7. Case No. 6:11-bk-47001-DS is dismissed, and Debtor is enjoined from filing a

bankruptcy case for 180 days from the date of the entry of this Order.

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4843-2221-2113.1 3

LEWISBRISBOI

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8. This court retains jurisdiction of all matters contemplated herein as necessary to

carry out the effect of this Order.

###

United States Bankruptcy JudgeDATED: October 19, 2012



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4843-2221-2113.1 This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012

F 9013-3.1.PROOF.SERVICE

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

650 Town Center Drive, Suite 1400, Costa Mesa, California 92626

A true and correct copy of the foregoing document entitled (specify): ORDER DISMISSING BANKRUPTCY CASE WITH

180 DAY BAR TO REFILING, DEEMING HANGAR LEASE REJECTED, FOR IMMEDIATE TURNOVER OF

PREMISES,AND FOR PROCEDURE REGARDING SEGEGATED DEBTOR-IN-POSSESSION BANK ACCOUNTwill be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) inthe manner stated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) :Pursuant to controlling GeneralOrders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)

, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined

that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated

below:

____ Service information continued on attached page

2. SERVED BY UNITED STATES MAIL:On (date) October 18, 2012, I served the following persons and/or entities at the last known addresses in this bankruptcy

case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the

judge will be completed no later than 24 hours after the document is filed.

United States Trustee

Office of The United States Trustee

3685 Main Street, Suite 300

Riverside, CA 92501

T. Milford Harrison, Manager

North Property Management Services, LLC

255 South Leland Norton Way

San Bernardino, CA 92408

____ Service information continued on attached page

3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state methodfor each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) October 18, 2012, I servedthe following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to

such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration

that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is

filed.

Honorable Deborah J. Saltzman C John M Melissinos:

United States Bankruptcy Court [email protected]

3420 Twelfth Street, Suite 385

Riverside, CA 92501-3819 Michael J Bujold:

[email protected]

____ Service information continued on attached pageI declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

October 18, 2012 Doris Hammarsten /s/ Doris Hammarsten

Date Printed Name Signature



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4843-2221-2113.1 This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9021-1.1.NOTICE.ENTERED.ORDER

NOTICE OF ENTERED ORDER AND SERVICE LIST

Notice is given by the court that a judgment or order entitled (specify): ORDER DISMISSING BANKRUPTCY CASEWITH 180 DAY BAR TO REFILING, DEEMING HANGAR LEASE REJECTED, FOR IMMEDIATE TURNOVER OF

PREMISES, AND FOR PROCEDURE REGARDING SEGEGATED DEBTOR-IN-POSSESSION ACCOUNT

was entered on the date indicated asAEntered

@on the first page of this judgment or order and will be served in the

manner stated below:

1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF)B Pursuant to controlling General Ordersand LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the

judgment or order. As ofOctober 17, 2012, the following persons are currently on the Electronic Mail Notice List for this

bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below.

Michael J Bujold [email protected]

Brian L Davidoff [email protected],

[email protected];[email protected];[email protected]

C John M Melissinos [email protected],

[email protected];[email protected];[email protected] Menon [email protected]

Gregory M Salvato [email protected], [email protected]

United States Trustee (RS) [email protected]

Annie Verdries [email protected]

Service information continued on attached page

2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment ororder was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the

addresses indicated below:

T. Milford Harrison, Manager

North Property Management Services, LLC255 South Leland Norton Way

San Bernardino, CA 92408


3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order whichbears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp

by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the

following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below:



norton property mgmt. services llc - dismissing bk case

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