Case 2:17-Bk-21386-SK Doc 1535 Filed 06/30/21 Entered 06/30/21 16:54:40 Desc Main Document Page 1 of 76
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Case 2:17-bk-21386-SK Doc 1535 Filed 06/30/21 Entered 06/30/21 16:54:40 Desc Main Document Page 1 of 76 Attorney or Party Name, Address, Telephone & FAX FOR COURT USE ONLY Nos., State Bar No. & Email Address Robyn B. Sokol (State Bar No. 159506) LEECH TISHMAN FUSCALDO & LAMPL, INC. 200 S. Los Robles Avenue, Suite 300 Pasadena, California 91101 Telephone: (626) 796-4000; Facsimile: (626) 795-6321 E-mail: [email protected] Debtor(s) appearing without an attorney Attorney for: Jonathan King, Chapter 7 Trustee UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA -LOS ANGELES DIVISION DIVISION In re: CASE NO.: 2:17-bk-21386-SK Jointly Administered with Case No. 2:17-bk-21387-SK ZETTA JET USA, INC., a California CHAPTER: 7 corporation, NOTICE OF OPPORTUNITY TO Debtor, REQUEST A HEARING ON MOTION _____________________________________________ [LBR 9013-1(o)] ZETTA JET PTE, LTD., a Singaporean corporation, [No hearing unless requested in writing] Debtor(s). TO THE U.S. TRUSTEE AND ALL PARTIES ENTITLED TO NOTICE, PLEASE TAKE NOTICE THAT: 1. Movant(s) ____________________________________________________________________________________,[Proposed] Special Litigation Counsel for Jonathan D. King, Chapter 7 Trustee for Zetta Jet USA, Inc. and Zetta Jet PTE, LTD. filed a motion or application (Motion) entitled _________________________________________________________Application by Jonathan D. King Chapter 7 Trustee, for Order Approving Employment of _____________________________________________________________________________________________.Leech Tishman as Trustee's Special Litigation Counsel Effective June 16, 2021; Statement of Disinterestedness and Declaration of Chapter 7 Trustee in Support Thereof 2. Movant(s) is requesting that the court grant the Motion without a hearing as provided for in LBR 9013-1(o), unless a party in interest timely files and serves a written opposition to the Motion and requests a hearing. 3. The Motion is based upon the legal and factual grounds set forth in the Motion. (Check appropriate box below): The full Motion is attached to this notice; or The full Motion was filed with the court as docket entry # _____, and a detailed description of the relief sought is attached to this notice. 4. DEADLINE FOR FILING AND SERVING OPPOSITION PAPERS AND REQUEST FOR A HEARING: Pursuant to LBR 9013-1(o), any party who opposes the Motion may request a hearing on the Motion. The deadline to file and serve a written opposition and request for a hearing is 14 days after the date of service of this notice, plus 3 additional days if you were served by mail or pursuant to F.R.Civ.P. 5(b)(2)(D) or (F). This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2016 Page 1 F 9013-1.2.OPPORTUNITY.HEARING.NOTICE Case 2:17-bk-21386-SK Doc 1535 Filed 06/30/21 Entered 06/30/21 16:54:40 Desc Main Document Page 2 of 76 a. If you timely file and serve a written opposition and request for a hearing, movant will file and serve a notice of hearing at least 14 days in advance of the hearing. [LBR 9013-1(o)(4)] b. If you fail to comply with this deadline: (1) Movant will file a declaration to indicate: (1) the Motion was properly served, (2) the response period elapsed, and (3) no party filed and served a written opposition and request for a hearing within 14 days after the date of service of the notice [LBR 9013-1(o)(3)]; (2) Movant will lodge an order that the court may use to grant the Motion; and (3) The court may treat your failure as a waiver of your right to oppose the Motion and may grant the Motion without further hearing and notice. [LBR 9013-1(h)] Respectfully submitted, Date: June 30, 2021 /s/ Robyn B. Sokol . Signature of Movant or attorney for Movant Robyn B. Sokol . Printed name of Movant or attorney for Movant This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2016 Page 2 F 9013-1.2.OPPORTUNITY.HEARING.NOTICE Case 2:17-bk-21386-SK Doc 1535 Filed 06/30/21 Entered 06/30/21 16:54:40 Desc Main Document Page 3 of 76 1 Robyn B. Sokol (State Bar No. 159506) LEECH TISHMAN FUSCALDO & LAMPL, INC. 2 200 S. Los Robles Avenue, Suite 300 Pasadena, California 91101 3 Telephone: (626) 796-4000; Facsimile: (626) 795-6321 4 E-mail: rsokol@leechtishman. coin 5 [Proposed] Special Litigation Counsel for Jonathan D. King, Chapter 7 Trustee 6 for Zetta Jet USA, Inc. and Zetta Jet PTE, LTD. 7 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 LOS ANGELES DIVISION U z 11 In re Case No.: 2:17-bk-21386-SK Jointly Administered with 12 ZETTA JET USA, INC., a California Case No. 2:17-bk-21387-SK corporation, 0‘,3 13 Chapter 7 O Sao Ca Debtor, 0 -t 14 yw APPLICATION BY JONATHAN D. KING CHAPTER 7 TRUSTEE, FOR ORDER • 00. 15 4., APPROVING EMPLOYMENT OF zoo LEECH TISHMAN AS TRUSTEE'S • o 16 ZETTA JET PTE, LTD., a Singaporean SPECIAL LITIGATION COUNSEL •z < corporation, 17 EFFECTIVE JUNE 16, 2021; H• O STATEMENT OF Debtor. DISINTERESTEDNESS AND U 18 1.4 DECLARATION OF CHAPTER 7 19 TRUSTEE IN SUPPORT THEREOF 20 [11 U.S.C. §§ 327(a) and 330, Fed. R. Bank. P. 2014 and Loc. Bankr. R. 2014-1(b)(1)] 21 [No Hearing Required] 22 23 TO THE HONORABLE SANDRA R. KLEIN, UNITED STATES BANKRUPTCY JUDGE, 24 THE OFFICE OF THE UNITED STATES TRUSTEE, AND ALL OTHER INTERESTED 25 PARTIES: 26 Jonathan D. King, solely in his capacity as the duly appointed Chapter 7 Trustee ("Trustee" 27 1 28 APPLICATION BY JONATHAN D. KING CHAPTER 7 TRUSTEE, FOR ORDER APPROVING EMPLOYMENT OF LEECH TISHMAN AS TRUSTEE'S SPECIAL LITIGATION COUNSEL EFFECTIVE JUNE 16, 2021; STATEMENT OF DISINTERESTEDNESS IN SUPPORT THEREOF Case 2:17-bk-21386-SK Doc 1535 Filed 06/30/21 Entered 06/30/21 16:54:40 Desc Main Document Page 4 of 76 1 or "Applicant") of the above-captioned bankruptcy cases of Zetta Jet USA, Inc. ("Zetta USA") and 2 Jet PTE ("Zetta PTE," and collectively "Zetta Jet" or "Debtors"), hereby applies for an order 3 authorizing the employment of Leech Tishman Fuscaldo & Lampl ("Leech Tishman") in place of 4 Brutzkus Gubner, as his special litigation counsel effective June 16, 2021, and in support of this 5 application ("Application"), respectfully represents as follows: 6 1. On September 15, 2017, the Debtors initiated the above captioned bankruptcy cases 7 ("Cases") by filing Chapter 11 bankruptcy petitions ("Petitions"). 8 2. On December 4, 2017, an Order converting the Cases to Chapter 7 was entered by the 9 Court [Doc. 52], and on December 5, 2017, the Trustee was appointed to serve as the Chapter 7 10 Interim Trustee [Doc. 53], in which position as Trustee he continues to serve. 11 3. Zetta Jet was a private flight operator for international business and luxury travel, ao 12 operating a fleet of Bombardier jets owned and leased by Zetta Jet, employing professional pilots 13 and crews to serve routes domestically across the United States and around the world to A-list ox - o aao,, 14 celebrities and an ultra-wealthy clientele base. ayw o a s 15 4. Zetta USA maintained its main office and hangar in Burbank, California. Zetta PTE, wa Zo o 16 which has its main office in Singapore, is the parent and sole shareholder of Zetta USA, and its .< zod 17 management was located in Burbank, California. Ho x' 18 5. The Trustee believes that it is in the best interest of the estates of Zetta Jet ("Estates") 19 to employ Leech Tishman: (a) to continue with the prosecution and settlement of the pending 20 preference and other related avoidance actions previously filed on behalf of the Estates by Brutzkus 21 Gubner at the direction of the Trustee ("Preference Actions"); (b) analyze proofs of claim and file 22 related objections to proofs of claim, if any, after the Trustee's review; and, (c) in the event 23 objections are filed, counsel will be required to prepare for and attend any hearing on objections as 24 well as draft any and all pleadings relevant thereto, and to engage in necessary discovery and/or 25 settle proofs of claim (all such services collectively, the "Services"). 26 6. By this Application, the Trustee seeks authority from this Court to employ Leech 27 Tishman to represent him with respect to the Services on an hourly basis at Leech Tishman's 2 28 APPLICATION BY JONATHAN D. KING CHAPTER 7 TRUSTEE, FOR ORDER APPROVING EMPLOYMENT OF LEECH TISHMAN AS TRUSTEE'S SPECIAL LITIGATION COUNSEL EFFECTIVE JUNE 16, 2021; STATEMENT OF DISINTERESTEDNESS IN SUPPORT THEREOF Case 2:17-bk-21386-SK Doc 1535 Filed 06/30/21 Entered 06/30/21 16:54:40 Desc Main Document Page 5 of 76 1 prevailing hourly rates. A schedule of Leech Tishman's current billing rates for attorneys and 2 paralegals is attached hereto as Exhibit 1 and incorporated herein by this reference. 3 7. As shown by the biographical information attached as Exhibit 2 hereto and 4 incorporated herein by this reference, Leech Tishman and its professionals are very experienced in 5 insolvency, bankruptcy, and reorganization matters and are well-qualified to represent Applicant. 6 8. Brutzkus Gubner was employed by order of this Court entered on April 4, 2019 to 7 provide services to Zetta PTE related to the analyzing, pursuing and/or settling of the Preference 8 Actions.