Case:12-24882-ABC Doc#:236 Filed:07/24/12

Entered:07/24/12 17:09:02 Page1 of 2

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) CORDILLERA GOLF CLUB, LLC ) Case No. 12-24882 (ABC) dba The Club at Cordillerra, ) ) Chapter 11 Debtor. ) ______________________________________________________________________________ MOTION TO SHORTEN NOTICE PERIOR FOR MOTION OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON and KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO APPOINT CHAPTER 11 TRUSTEE ______________________________________________________________________________ Cheryl M. Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin B. Allen, as representatives of a certified class in Case Number 11CV552, pending in the District Court of Eagle County, Colorado (collectively, Member Representatives), by their attorneys Appel & Lucas, P.C., and pursuant to sections 105(a) of the United States Bankruptcy Code and Federal Rules of Bankruptcy Procedure 2002 and 9006, hereby move the Court to shorten the notice period from twenty-one (21) days to fourteen (14) day regarding the Member Representatives motion to appoint a trustee in this Chapter 11 case filed on same day as this motion. In Support of this motion to shorten notice, the Member Representative state as follows: 1. The Debtor, Cordillera Golf Club, LLC (Debtor), filed its petition for relief under title 11 of the United States Bankruptcy Code on June 26, 2102 (the Petition Date) in the United States Bankruptcy Court for the District of Delaware. 2. Only July 16, 2012, venue was transferred to the United States Bankruptcy Court for the District of Colorado, commencing the above captioned case. 3. On even date with this motion, the Member Representatives have filed their motion requesting appointment of a Chapter 11 Trustee for his case pursuant to sections 1104(a)(1) and (2) of the Bankruptcy Code (the Trustee Motion). The Member Representatives have made their intention to file the Trustee Motion clear to all parties in this case for some time, including counsels statements to that effect at the Status and Scheduling Conference held on July 20, 2012, and the statement made in the Member Representatives objection to the Debtors motion to appoint a chief restructuring officer filed on July 16, 2012. This Motion is no surprise to the Debtor or any other party who has participated in this case to date. 4. The grounds set forth in the Trustee Motion also favor shortening notice on the Trustee Motion. Specifically, as alleged in the Trustee Motion, the current owner and ultimate
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Case:12-24882-ABC Doc#:236 Filed:07/24/12

Entered:07/24/12 17:09:02 Page2 of 2

manager of the Debtor, David Wilhelm (Wilhelm), has demonstrated that he cannot act as a proper fiduciary and is alleged to have violated court orders which were intended to prevent him from spending the Debtors funds inappropriately. The Trustee Motion is a vital issue in this case, and the concerns raised therein dictate that the matter be bought before this Court as quickly as possible in order to preserve the assets of the Debtor and to move this case forward. 5. Further, it is a certainty that the Debtor will object to the Trustee Motion, and there is good reason to expedite the objection/response time in order for the substance of the Trustee Motion to be before the Court and ripe for determination within a reasonable time. 6. This shorten notice motion requests that the Court enter an Oder shortening the notice period applicable to the Trustee Motion from twenty-one (21) days to fourteen (14) days. RELIEF REQUESTED 7. Under Federal Rule of Bankruptcy Procedure 9006(c), the Court may for cause shown order a reduction in the notice time set forth in Rule 2002. State Bank of Southern Utah v. Gledhill (In re Gledhill), 76 F.3d 1070, 1084 (10th Cir. 1996). 8. A reduction of the notice period from twenty-one (21) day to fourteen (14) days will not prejudice any party in this case. All parties who have participated in the case, and the Debtor in particular, have been made aware of the Member Representatives intention to file the Trustee Motion. 9. There is good cause to shorten the notice period as one of the grounds asserted the Trustee Motion is that the Debtors manager cannot be trusted to use the funds of the Debtor in accordance with the duties of fiduciary. Time is therefore of the essence. WHEREFORE, the Member Representatives request that the Court enter an Oder shortening the notice period applicable to the Trustee Motion from twenty-one (21) days to fourteen (14) days, and grant such other or further relief as is just. Dated: July 24, 2012 /s/ Garry R. Appel Garry R. Appel, Reg. No. 8883 Shaun A. Christensen, Reg. No. 23131 Appel & Lucas, P.C. 1660 17th Street, Ste 200 Denver, CO 80202 Telephone: 303-297-9800 Email: Appelg@appellucas.com
Christensens@appellucas.com

Attorneys for Cheryl Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin Allen

Case:12-24882-ABC Doc#:236-1 Filed:07/24/12

Entered:07/24/12 17:09:02 Page1 of 1

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) CORDILLERA GOLF CLUB, LLC ) Case No. 12-24882 ABC dba The Club at Cordillerra, ) ) Chapter 11 Debtor. ) ______________________________________________________________________________ ORDER ON MOTION TO SHORTEN NOTICE PERIOD FOR MOTION OF CHERYL M. FOLEY, THOMAS WILNER, JANE WILNER, CHARLES JACKSON, MARY JACKSON and KEVIN B. ALLEN, INDIVIDUALLY AND AS REPRESENTATIVES OF A CERTIFIED CLASS OF MEMBERS, TO APPOINT CHAPTER 11 TRUSTEE ______________________________________________________________________________ THIS MATTER is before the Court on the Motion of Cheryl M. Foley, Thomas and Jane Wilner, Charles and Mary Jackson and Kevin B. Allen, as representatives of a certified class in Case Number 11CV552, pending in the District Court of Eagle County, Colorado (the Movants) To Shorten Notice Period for their Motion to Appoint a Chapter 11 Trustee (the Shorten Notice Motion). The Court has reviewed the Shorten Notice Motion and is otherwise advised. It is hereby ORDERED that the Movants Shorten Notice Motion is GRANTED; IT IS FURTHER ORDERED that any objection to the Movants Motion to Appoint Chapter 11 Trustee must be filed no later than August 7, 2012. If no objections are filed, the motion may be granted without a hearing; and IT IS FURTHER ORDERED that the Movants shall forthwith serve a copy of this order on all interested parties and the office of the United States Trustee.

Dated this ___ day of __________, 2012. BY THE COURT:

____________________________________ United States Bankruptcy Judge