Case:12-24882-ABC Doc#:240 Filed:07/25/12

Entered:07/25/12 10:04:31 Page1 of 3

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) Case No. 12-24882 ABC CORDILLERA GOLF CLUB dba The ) Club at Cordillera ) ) Chapter 11 Debtor. ) ______________________________________________________________________________ APPLICATION TO EMPLOY SENDER & WASSERMAN, P.C. AS CO-COUNSEL FOR THE DEBTOR-IN-POSSESSION ______________________________________________________________________________ CORDILLERA GOLF CLUB d/b/a The Club at Cordillera (Debtor), by and through its counsel, Sender & Wasserman, P.C., respectfully submits its Application to Employ Sender & Wasserman, P.C. as Co-Counsel for the Debtor, and state as follows: 1. The Debtor filed its Chapter 11 petition in the United States Bankruptcy Court for the District of Delaware on June 26, 2012. The case was transferred to the United States Bankruptcy Court for the District of Colorado on July 16, 2012. 2. The Debtor has selected the law firms of Foley & Lardner, LLP and Sender & Wasserman, P.C. to act as co-counsel to the Debtor in this case. The application to employ Foley & Lardner is pending before the Court. 3. The Debtor has selected the firm of Sender & Wasserman to act as co-counsel based upon the firms expertise and experience in bankruptcy matters and believe that said attorneys are well-qualified to represent the Debtor as co-counsel in these proceedings. 4. Sender & Wasserman will counsel and assist the Debtor in all matters necessary to fully administer the Chapter 11 cases and perform all legal services for the Debtor as may become necessary herein, including: a. Preparation on behalf of the Debtor of all necessary reports, orders and other legal papers required in these Chapter 11 proceedings; Performance of all legal services for the Debtor as Debtors-in-Possession which may become necessary; and Representation of the Debtor in any litigation which the Debtor determines is in the best interest of the estate.

b.

c.

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5. The Debtor desires to employ Sender & Wasserman because of the extent of legal services required in this proceeding. 6. As stated in the Affidavit of Harvey Sender attached hereto as Exhibit 1, Sender & Wasserman does not hold or represent any interest adverse to the Debtor and the bankruptcy estates, except as stated herein and as described in the affidavit, and is a disinterested person as that term is defined in 11 U.S.C. 101(14) of the Bankruptcy Code. 7. To the best of its knowledge, the firm of Sender & Wasserman has no connection with any of the creditors of the Debtor, the Debtor or any other party in interest, their respective attorneys and/or accountants, the United States Trustee and any person employed by the Office of the United States Trustee other than as follows: a) Harvey Sender has been a Chapter 7 panel trustee since approximately 1984; and David V. Wadsworth has been a Chapter 7 panel trustee since October, 2009.

b)

8. The Debtor believes that the employment of the law firm of Sender & Wasserman as co-counsel for the Debtor is in the best interest of the creditors and the bankruptcy estate. 9. The professionals hourly rates for the services referenced above are as follows: Harvey Sender John B. Wasserman David V. Wadsworth David J. Warner Katherine M. Swan Regina M. Ries Aaron J. Conrardy Paralegals $450 per hour $450 per hour $325 per hour $240 per hour $240 per hour $210 per hour $210 per hour $115 per hour

10. Sender & Wasserman shall be subject to the Order Permitting Periodic Fee Applications and Prescribing Procedures entered July 24, 2012 (Docket No. 231). 11. Sender & Wasserman requests that the Order approving its application be granted nunc pro tunc to July 19, 2012, the date that S&W first provided services to the Debtor in connection with this case. WHEREFORE, the Debtor respectfully requests that this Court enter an Order in the form attached hereto authorizing the Debtor to employ the law firm of Sender & Wasserman, P.C. as cocounsel in this bankruptcy proceeding, nunc pro tunc July 19, 2012, and for such other and further relief as the Court deems just.

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Dated this 25th day of July, 2012. SENDER & WASSERMAN, P.C. /s/ David V. Wadsworth Harvey Sender, #7546 David V. Wadsworth, #32066 1660 Lincoln Street, Suite 2200 Denver, Colorado 80264 (303) 296-1999; (303) 296-7600 (fax) dvw@sendwass.com Attorneys for the Debtors -andFOLEY & LARDNER LLP Ann Marie Uetz Ryan S. Bewersdorf 5000 Woodward Avenue, Suite 2700 Detroit, Michigan 48226 Telephone: 313-234-7114 Facsimile: 313-234-2800 Email: auetz@foley.com Email: rbewersdorf@foley.com Christopher Celentino (CA No. 131688) Mikel Bistrow (CA No. 102978) Dawn A. Messick (CA No. 236941) Pro Hac Vice Applications Pending 402 West Broadway, Suite 2100 San Diego, California 92101 Telephone: 619-234-6655 Facsimile: 619-234-3510 Email: ccelentino@foley.com Email: mbistrow@foley.com Proposed Counsel for Debtor and Debtor in Possession

Case:12-24882-ABC Doc#:240-1 Filed:07/25/12

Entered:07/25/12 10:04:31 Page1 of 2

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO

Inre: CORDILLERA GOLF CLUB dba The Club at Cordillera Debtor.
) ) ) ) ) )

Case No. 12-24882 ABC

Chapter 11

AFFIDAVIT OF HARVEY SENDER

STATE OF COLORADO CITY AND COUNTY OF DENVER

) ) ss. )

Harvey Sender, being first duly sworn, hereby states as follows: 1. I am a shareholder in the law firm of Sender & Wasserman, P.C., 1660 Lincoln Street, Suite 2200, Denver, Colorado 80264. 2. The shareholders and associates of Sender & Wasserman are experienced in the area of bankruptcy law and have the necessary qualifications to represent Cordillera Golf Club d/b/a The Club at Cordillera ("Debtor") in these bankruptcy proceedings. 3. Pursuant to Fed.R.Bankr.P. 2014, the shareholders and associates of the law firm of Sender & Wasserman have no connection or conflict of interest between the Debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States Trustee's office, or any person employed in the office of the United States Trustee, other than as follows: a) b) I have been a Chapter 7 panel trustee since approximately 1984; and David V. Wadsworth has been a Chapter 7 panel trustee since October, 2009.

4. To the best of my knowledge and belief, the firm is a "disinterested person'' as defined in 11 U.S.C. 101(14). 5. Neither I nor the finn have made any agreement or reached any understanding with any other person for a division of any compensation which may be awarded herein, except as such compensation will be shared or otherwise distributed among the employees and owners of the finn.

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6. Sender & Wasserman shall be subject to the Order Permitting Periodic Fee Applications and Prescribing Procedures entered July 24, 20 12 (Docket No. 23 1). 7. The employment of Sender & Wasserman, P.C. under the above described terms is in the best interests of the estate.

Subscribed and sworn to before me this 25th day of July, 20 12, by Harvey Sender, the affiant. WITNESS my hand and offi cial seal.

My Commiss ion expires: 09/28/20 15

Case:12-24882-ABC Doc#:240-2 Filed:07/25/12

Entered:07/25/12 10:04:31 Page1 of 1

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) Case No. 12-24882 ABC CORDILLERA GOLF CLUB dba The ) Club at Cordillera ) ) Chapter 11 Debtor. ) _____________________________________________________________________________ ORDER GRANTING APPLICATION TO EMPLOY SENDER & WASSERMAN, P.C. AS CO-COUNSEL FOR THE DEBTORS-IN-POSSESSION ______________________________________________________________________________ THE COURT, having examined Cordillera Golf Club d/b/a The Club at Cordillera (Debtor) Application to Employ Sender & Wasserman, P.C. as Co-Counsel for the Debtor-inPossession and the Affidavit in support thereof, it appearing that the law firm of Sender & Wasserman, P.C. and the proposed attorneys are duly admitted to practice in this Court, and the Court being satisfied that the law firm of Sender & Wasserman, P.C. represent no interest adverse to the Debtor and the creditors to the estate, nor do said attorneys represent any interest adverse to the estate in the matters upon which they are to be engaged, that their appointment is necessary and would be in the best interests of the estate, hereby ORDERS that the Debtor is authorized to employ the law firm of Sender & Wasserman, P.C., nunc pro tunc July 19, 2012 to represent Debtor as a Debtor-in-Possession. DATED this _____ day of _____________________, 2012. BY THE COURT:

United States Bankruptcy Judge