smb Doc 519 Filed 04/29/13 Entered 04/29/13 10:11:34 Main Document Pg 1 of 7

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1 Pg 1 of 7 ROBINSON BROG LEINWAND GREENE GENOVESE & GLUCK P.C. 875 Third Avenue New York, New York Telephone No.: A. Mitchell Greene Hearing Date and Time: April 30, 2013 at 10:00 a.m. Attorneys for the Post Confirmation Estate UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK X In re: West End Financial Advisors LLC et al., Chapter 11 Case No.: (SMB) (Substantively Consolidated) Reorganized Debtors X NOTICE OF AGENDA OF MATTERS SCHEDULED FOR HEARING ON APRIL 30, 2013 AT 10:00 A.M. Date and Time of Hearing: Location of Hearing: April 30, 2013 at 10:00 a.m. United States Bankruptcy Court for The Southern District of New York Alexander Hamilton Customs House One Bowling Green, Room 723 New York, New York Copies of Pleadings: A copy of each pleading can be viewed on the Court s website at I. UNCONTESTED MATTERS ADJOURNED FROM APRIL 16, 2013: A. Plan Administrator s Objection to Class 4 Investor Unsecured Claims that (i) Contradict the Debtors Books and Records and (II) that should be Reclassified. [Docketed as: First Motion for Omnibus Objection to Claim(s) Number: 19, 31, 77, 73, 139, 108, 27, 28, 75, 117, 53, 12, 118, 148, 16, 34, 57, 25, 149, 155 and 82 THAT (I) CONTRADICT THE DEBTORS' BOOKS AND RECORDS, AND (II) THAT SHOULD BE RECLASSIFIED [Docket Number 438]. 1

2 Pg 2 of 7 Response Deadline: February 28, 2013 at 4:00 p.m. Responses Received: (1) Dennis Fogarty s Response to the Plan Administrator's Second Omnibus Objection to Class 4 Investor Unsecured Claims that (I) Contradict the Debtors' Books and Records, and (II) That should be Reclassified[Docket No. 458] NOTE: Fogarty s Response to this Objection affects only Claim No. 82 filed by Dennis Fogarty. (2) [Proposed] Stipulation Resolving Claims Numbered 40, 47, 49, 63 and 82 filed by Dennis Fogerty [Docket No. 511] (3) Declaration of Joshua Rizack in Support of Entry of Stipulation Resolving Claims numbered 40, 47,48,49, 63 and 82 filed by Dennis Fogarty; Claims Numbered 50, 51, 52, and 80 Filed by Patricia Fogarty and Claims Numbered 17, 58 and 64 filed by Susan Thomas dated April 12, 2013 [Docket No. 514] STATUS: This matter is going forward. Plan Administrator requests that the Court approve the Proposed Stipulation 1 between Plan Administrator and claimant resolving claims filed by Dennis Fogerty. B. Plan Administrator s Second Omnibus Objection to Class 4 Investor Unsecured Claims that (i) Contradict the Debtors Books and Records and (II) that should be Reclassified. [Docketed as: Second Motion for Omnibus Objection to Claim(s) Number: 33, 45, 144, 147, 84, 89, 138, 94, 119, 74, 55, 116, 140, 64, 58, 24, 142 and 80 THAT (I) CONTRADICT THE DEBTORS' BOOKS AND RECORDS, AND (II) THAT SHOULD BE RECLASSIFIED][Docket No. 439]. Response Deadline: February 28, 2013 at 4:00 p.m. Responses Received: 1 The Proposed Stipulation is agenda item I.A.2.[ECF. Docket No. 511] 2

3 Pg 3 of 7 (1) Susan Thomas s Response the Plan Administrator's Second Omnibus Objection to Class 4 Investor Unsecured Claims that (I) Contradict the Debtors' Books and Records, and (II) That should be Reclassified [Docket No. 460]. NOTE: Susan Thomas s Response to this Objection affects only Claim Nos. 58 and 64. (2) Patricia Fogarty s Response to Plan Administrator's Second Omnibus Objection to Class 4 Investor Unsecured Claims that (I) Contradict the Debtors' Books and Records, and (II) That Should be Reclassified [Docket No. 459]. NOTE: Patricia Fogarty s Response to this Objection affects only Claim No. 80. (3) [Proposed] Stipulation Resolving Claims Numbered 50, 51, 52, and 80 Filed by Patricia Fogarty [Docket No. 512 ] (4) [Proposed] Stipulation Resolving Claims Numbered 17, 58 and 64 filed by Susan Thomas [Docket No. 513] (5) Declaration of Joshua Rizack in Support of Entry of Stipulation Resolving Claims numbered 40, 47,48,49, 63 and 82 filed by Dennis Fogarty; Claims Numbered 50, 51, 52, and 80 Filed by Patricia Fogarty and Claims Numbered 17, 58 and 64 filed by Susan Thomas dated April 12, 2013 [Docket No. 514] STATUS: This matter is going forward. Plan Administrator requests that the Court approve the Proposed Stipulations 2 between Plan Administrator and claimants resolving claims filed by Patricia Fogerty and Susan Thomas. C. Plan Administrator s Omnibus Objection to Duplicate Claims [Docketed as: First Motion for Omnibus Objection to Claim(s) Number: 21, 21, 6, 31, 43, 144, 41, 77, 47, 48, 49, 63, 82, 21, 75, 14, 15, 20, 32, 38, 44, 46, 12,59 and 25 AS DUPLICATE CLAIMS][Docket No. 441]. Response Deadline: February 28, 2013 at 4:00 p.m. Responses Received: 2 The Proposed Stipulations are is agenda items I.B.3 and I.B.4. [ECF Docket Nos. 512 and 513] 3

4 Pg 4 of 7 (1) Dennis Fogarty s Response to the Plan Administrator's Second Omnibus Objection to Class 4 Investor Unsecured Claims that (I) Contradict the Debtors' Books and Records, and (II) That should be Reclassified [Docket No. 458]. NOTE: Dennis Fogarty s Response to this Objection affects only Claim Nos.47, 48, 49 and 63. (2) [Proposed] Stipulation Resolving Claims Numbered 40, 47, 49, 63 and 82 filed by Dennis Fogerty [Docket No. 511] (3) Declaration of Joshua Rizack in Support of Entry of Stipulation Resolving Claims numbered 40, 47,48,49, 63 and 82 filed by Dennis Fogarty; Claims Numbered 50, 51, 52, and 80 Filed by Patricia Fogarty and Claims Numbered 17, 58 and 64 filed by Susan Thomas dated April 12, 2013 [Docket No. 514 ] STATUS: See Matter I.A. on this agenda. Plan Administrator requests that the Court approve the Proposed Stipulation 3 between Plan Administrator and claimant resolving claims filed by Dennis Fogerty. D. Plan Administrator s Objection to Claim(s) Number: 143 of Arent Fox LLP [Docket No. 463] Response Deadline: April 9, 2013 at 4:00 p.m. Responses Received: NONE STATUS: This matter is going forward. II. UNCONTESTED MATTERS: A. Plan Administrators Motion for an Order Establishing Streamlined Procedures Governing Adversary Proceedings Commenced by the Plan Administrator Pursuant to 11 U.S.C. 502, 510, 544, 550 and 551 of the Bankruptcy Code [Docket No. 502]. Response Deadline: April 23, The Proposed Stipulation is agenda item I.C.2. [ECF Docket No. 511]. 4

5 Pg 5 of 7 Responses Received: NONE STATUS: This matter is going forward. B. Post-Confirmation Status Conference A. Fifth Post-Confirmation Status Report Filed by Plan Administrator [Docket No. 515 ] STATUS: This matter is going forward. III. ADVERSARY PROCEEDINGS A. Adversary Proceedings listed on Schedule A annexed hereto have been adjourned to June 6, 2013 at 10:00 a.m. B. Joshua Rizack, as Plan Administrator for The Post Confirmation Estate of West End Financial Advisors LLC v. Citrin Cooperman & Company LLP, Adv. Pro. No (SMB) Relevant Documents: (1) Summons with Notice of Pre-Trial conference scheduled for April 30, 2013 [Docket. No. 2]. (2) Adversary Complaint [Docket No. 1] (3) Notice of Voluntary Dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Federal Rule of Bankruptcy Procedure 7041(a)1)(A)(i).[Docket No. 3] STATUS: This adversary proceeding has been voluntarily dismissed by Plaintiff. Accordingly, the Plan Administrator requests that the Pre-trial conference be cancelled as moot. DATED: New York, New York April 25, 2013 Respectfully submitted, ROBINSON BROG LEINWAND GREENE GENOVESE & GLUCK P.C. 5

6 Pg 6 of 7 Attorneys for Post-Confirmation Estate and Plan Administer 875 Third Avenue, 9 th Floor New York, New York Tel. No.: By:_/s/ A. Mitchell Greene 6

7 Pg 7 of 7 West End Financial Advisors LLC Adversary Proceedings Case No (SMB) SCHEDULE A- ADVERSARY PROCEEDING PRE-TRIAL CONFERENCES WHICH HAVE BEEN ADJOURNED TO JUNE 6, 2012 AT 10:00 A.M. 1. Rizack, as Plan Administrator v. Roger Berman, Adv. No Rizack, as Plan Administrator v. Thomas Buck, Adv. No Rizack, as Plan Administrator v. Capital Access Partners et al, Adv. No Rizack, as Plan Administrator v. Ronal Deutsch, Adv No Rizack, as Plan Administrator v. Linda Diaz, Adv. No Rizack, as Plan Administrator v. Richard Eisner, Adv. No Rizack, as Plan Administrator v. Roberta Handler, Adv. No Rizack, as Plan Administrator v. Andrew Howard, Adv. No Rizack, as Plan Administrator v. Eric Lutker, Adv. No Rizack, as Plan Administrator v. Mario Marachi, Adv. No Rizack, as Plan Administrator v. Laurice Matney Family Limited Partnership B, Adv. No Rizack, as Plan Administrator v. Robert Natt, Adv. No Rizack, as Plan Administrator v. Bruce Slovin, Adv. No Rizack, as Plan Administrator v. Jayne Kurzman and David Sederbaum, Adv. No Rizack, as Plan Administrator v. Robert Emden, Adv. No Rizack, as Plan Administrator v. Hal Feltman, Adv. No Rizack, as Plan Administrator v. Charles Garbarini, Adv. No Rizack, as Plan Administrator v. Bernard Goldberg Trust and carole Goldberg, Adv. No Rizack, as Plan Administrator v. Florescu Holdings Limited Partnership, Adv. No