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Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 1 of 28

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Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 1 of 28 Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 1 of 28 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 NOTICE OF FINAL HEARING ON TRUSTEE’S MOTION FOR ENTRY OF AN ORDER (i) APPROVING POSTPETITION FINANCING; (ii) AUTHORIZING CONTINUED USE OF CASH COLLATERAL; (iii) GRANTING ADEQUATE PROTECTION TO PREPETITION SECURED PARTIES; (iv) SCHEDULING A FINAL HEARING; AND (v) GRANTING RELATED RELIEF On October 27, 2016, Deborah J. Caruso, the chapter 7 trustee in this case (the “Trustee”) filed a Motion for Entry of an Order (i) Approving Postpetition Financing; (ii) Authorizing Continued Use of Cash Collateral; (iii) Granting Adequate Protection to Prepetition Secured Parties; (iv) Scheduling a Final Hearing; and (v) Granting Related Relief (the “Financing Motion”) [Doc 506]. Pursuant to the Financing Motion, the Trustee is requesting, pursuant to 11 U.S.C. §§ 105, 361, 363, 364 and 507, entry of interim and final orders authorizing the Trustee, on behalf of the bankruptcy estates of the Affiliated Debtors, to obtain certain postpetition financing from Cerberus Business Finance, LLC, as collateral agent, and various related lender parties (collectively “Cerberus”), authorizing the continued use of cash collateral, and granting adequate protection to Cerberus in connection with the postpetition financing and continued use of cash collateral. If you have not received a copy of the Financing Motion, you may obtain a copy at www.ittchapter7.com. NOTICE IS GIVEN that a final hearing on the Financing Motion will be conducted as follows: Date: November 16, 2016 Time: 1:30 p.m. (prevailing Eastern time) Location: Room 325 of the United States Courthouse, 46 East Ohio Street, Indianapolis, IN 46204 NOTICE IS FURTHER GIVEN that any objection to the Financing Motion must be in writing and filed with the Bankruptcy Clerk by no later than 4:00 p.m. (prevailing Eastern time) on November 9, 2016. 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: 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]. Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 2 of 28 116 U.S. Courthouse 46 East Ohio Street Indianapolis, IN 46204 The objecting party must also serve a copy of the written objection upon the following: Counsel for the Trustee Deborah J. Caruso Rubin & Levin, P.C. 135 N. Pennsylvania Street, Suite 1400 Indianapolis, IN 46204. Counsel for Cerberus Attn: Adam Harris Schulte Roth & Zabel LLP 919 Third Avenue New York, NY 10022 Counsel for Cerberus Attn: Thomas C. Scherer Bingham Greenebaum Doll, LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 Office of the United States Trustee 101 West Ohio Street, Suite 1000 Indianapolis, IN 46204 Respectfully submitted, RUBIN & LEVIN, P.C. Dated: November 4, 2016 By: /s/ James E. Rossow, Jr. James E. Rossow, Jr. James E. Rossow, Jr. (Atty. No. 21063-29) RUBIN & LEVIN, P.C. 135 N. Pennsylvania Street, Suite 1400 Indianapolis, Indiana 46204 Tel: (317) 634-0300 Fax: (317) 263-9411 Email: [email protected] Attorneys for Deborah J. Caruso, Trustee 2 Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 3 of 28 CERTIFICATE OF SERVICE I hereby certify that on November 4, 2016, a copy of the foregoing Notice of Final Hearing on Trustee’s Motion for Entry of an Order (i) Approving Postpetition Financing; (ii) Authorizing Continued Use of Cash Collateral; (iii) Granting Adequate Protection to Prepetition Secured Parties; (iv) Scheduling a Final Hearing; and (v) Granting Related Relief was filed electronically. Pursuant to Section IV.C.3(a) of the Notice, Case Management and Administrative Procedures (the “Case Management Procedures”) approved by this Court on October 4, 2016 [Doc 220], 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. Robert N Amkraut [email protected] Scott S. Anders [email protected], [email protected] Joseph E Bain [email protected] Kay Dee Baird [email protected], [email protected];[email protected] Michael I. Baird [email protected], [email protected] James David Ballinger [email protected], [email protected] William J. Barrett [email protected], [email protected] Ashley Flynn Bartram [email protected], [email protected] Richard James Bernard [email protected] Joan Ligocki Blackwell [email protected] Robert A. Breidenbach [email protected] Kayla D. Britton [email protected], [email protected];[email protected] Jason R Burke [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] Deborah J. Caruso [email protected], [email protected];mcruser@rubin- levin.net Joshua W. Casselman [email protected], [email protected] Sonia A. Chae [email protected] John Andrew Chanin [email protected] Michael Edward Collins [email protected] Lawrence D. Coppel [email protected] Heather M. Crockett [email protected], [email protected] David H DeCelles [email protected] Dustin R. DeNeal [email protected], [email protected];[email protected] Laura A DuVall [email protected], [email protected] Abby Engen [email protected], [email protected] Charles Anthony Ercole [email protected], [email protected] 3 Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 4 of 28 Andrew W Ferich [email protected] Patrick F.X. Fitzpatrick [email protected], [email protected];[email protected];[email protected];mdabio@benes chlaw.com John David Folds [email protected], [email protected] Lydia Eve French [email protected] Robert P Goe [email protected] John Andrew Goodridge [email protected], [email protected];[email protected] Alan Mark Grochal [email protected] Julian Ari Hammond [email protected], [email protected] Wallace M Handler [email protected], [email protected] Adam Craig Harris [email protected] Rocio Herrera [email protected], [email protected] Michael W. Hile [email protected], [email protected] John C. Hoard [email protected], [email protected];[email protected] Jeffrey A Hokanson [email protected], [email protected];[email protected] Jeffrey L Hunter [email protected], [email protected];[email protected];[email protected] James C Jacobsen [email protected], [email protected] Christine K. Jacobson [email protected], [email protected] Jay Jaffe [email protected], [email protected] Benjamin F Johns [email protected], [email protected] Russell Ray Johnson [email protected] Anthony R. Jost [email protected], [email protected] Stephanie A Kanan [email protected], [email protected] Timothy Q. Karcher [email protected] Taejin Kim [email protected] Edward M King [email protected], [email protected];[email protected] Lawrence Joel Kotler [email protected] Jerrold Scott Kulback [email protected] David S Lefere [email protected], [email protected] Martha R. Lehman [email protected], [email protected];[email protected] Donald D Levenhagen [email protected] Melinda Hoover MacAnally [email protected], [email protected] Jeff J. Marwil [email protected], [email protected];[email protected];[email protected] Patrick Francis Mastrian [email protected], [email protected] Michael K. McCrory [email protected], [email protected] Maureen Elin McOwen [email protected] Robert W. Miller [email protected] James P Moloy [email protected], [email protected];[email protected] Ronald J. Moore [email protected] 4 Case 16-07207-JMC-7A Doc 570 Filed 11/04/16 EOD 11/04/16 16:21:22 Pg 5 of 28 Hal F Morris [email protected] Kevin Alonzo Morrissey [email protected], JMcAlpin@lewis- kappes.com;[email protected];[email protected] Whitney L Mosby [email protected], [email protected] C Daniel Motsinger [email protected], [email protected];[email protected];[email protected] Lee Duck Moylan [email protected], [email protected] Abraham Murphy [email protected] Alissa M. Nann [email protected] Henry Seiji Newman [email protected] Pamela A. Paige [email protected], [email protected] Danielle Ann Pham [email protected] Jack A Raisner [email protected] Jonathan Hjalmer Reischl [email protected] David A. Rosenthal [email protected] James E Rossow [email protected], [email protected];robin@rubin- levin.net;[email protected] Rene Sara Roupinian [email protected], [email protected];[email protected];[email protected];rfisher@ou ttengolden.com;[email protected] Craig Damon Rust [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] Courtney Michelle Scott [email protected] Patricia K.
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