Case Doc 139 Filed 04/01/19 Entered 04/01/19 14:10:27 Desc Main Document Page 1 of 8

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1 Document Page 1 of 8 Joseph J. Wielebinski State Bar No Annmarie Chiarello State Bar No Jason A. Enright State Bar No WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas Telephone: (214) Facsimile: (214) jwielebinski@winstead.com achiarello@winstead.com jenright@winstead.com PROPOSED COUNSEL FOR THE DEBTORS AND DEBTORS-IN-POSSESSION IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION IN RE: CASE NO CFO MANAGEMENT HOLDINGS, LLC, 1 DEBTORS Chapter 11 (Joint Administration Requested) I. Uncontested Matters Pleading: Debtor's Application for Entry of An Order, Pursuant to 28 U.S.C. 156(c), Authorizing the Retention and Appointment of Kurtzman Carson Consultants LLC as Claims, Noticing, and Balloting Agent, Nunc Pro Tunc to the Petition Date [Docket No. 62]. Moving Party: Debtors. 1 Carter Family Office, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX1652 Case No ; CFO Management Holdings, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX6987, Case No ; Christian Custom Homes, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX4648, Case No ; Double Droptine Ranch, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX7134, Case No ; Frisco Wade Crossing Development Partners, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX4000, Case No ; Kingswood Development Partners, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX- XXX1929, Case No ; McKinney Executive Suites at Crescent Parc Development Partners, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX XXX2042, Case No ; North-Forty Development LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX5532, Case No ; and West Main Station Development, LLC, 3201 Dallas Parkway, Suite 200, #24 Frisco, Texas 75034, EIN# XX-XXX7210, Case No (collectively, the "Debtors"). PAGE 1

2 Document Page 2 of 8 Response/Objection Deadline: March 28, Responses/Objections Received: None. Certificate of Service [Docket No. 80]; and Supplemental Certificate of Service [Docket No. 130]. Status: This pleading was not set for hearing, but out of an abundance of caution is included on the Agenda. As no objection was received to this pleading and the time period for objections has run, the Debtors request entry of an order granting this motion. Pleading: Expedited Motion for Interim and Final Orders: (I) Prohibiting Utilities from Altering, Refusing, or Discontinuing Service; (II) Deeming the Utility Companies Adequately Assured of Future Performance; and (III) Establishing Procedures for Determining Requests for Additional Adequate Assurance [Docket No. 69]. Moving Party: Debtors. Response/Objection Deadline: March 29, 2019 per Interim: (I) Prohibiting Utilities from Altering, Refusing, or Discontinuing Service; (II) Deeming the Utility Companies Adequately Assured of Future Performance; and (III) Establishing Procedures for Determining Requests for Additional Adequate Assurance [Docket No. 91]("Interim Utilities Order"). Responses/Objections Received: None. Interim Utilities Order; Certificate of Service [Docket No. 82]; Certificate of Service [Docket No. 91]; and Trustee; and PAGE 2

3 Document Page 3 of 8 126]; Status: Uncontested. II. Resolved Matters n/a III. Contested Matters Pleading: Debtors' Motion Pursuant to 11 U.S.C. Sections 105(A) and 363 to (I) Employ and Retain SierraConstellation Partners, LLC and (II) Designate Lawrence R. Perkins as Chief Restructuring Officer, Effective as of the Petition Date [Docket No. 11]. Moving Party: Debtors Response/Objection Deadline: March 6, Responses/Objections Received: CPIF Lending, LLC's Objection to Debtors' Motion to Employ SierraConstellation Partners, LLC and Designate Lawrence R. Perkins as Chief Restructuring Officer [Docket No. 63]; United States Trustee's Objection to Debtors' Motion to Employ and Retain SierraConstellation Partners, LLC and Designate Lawrence R. Perkins as Chief Restructuring Officer [Docket No. 65]; Joinder of the U.S. Securities and Exchange Commission to United States Trustee's Objection to Debtor's Motion Pursuant to 11 U.S.C. Sections 105(A) and 363 to (I) Employ and Retain SierraConstellation Partners, LLC and (II) Designate Lawrence R. Perkins as Chief Restructuring Officer, Effective as of the Petition Date [Docket No. 115]; Debtors' Reply to United States Trustee's Objection to Debtors' Motion to Employ and Retain Sierra Constellation Partners, LLC, and to Designate Lawrence Perkins as Chief Restructuring Officer [Docket No. 119]; Trustee; PAGE 3

4 Document Page 4 of 8 126]; Supplemental Declaration of Lawrence R. Perkins in Support of Debtors' Motion to (I) Employ and Retain SierraConstellation Partners, LLC, and to (II) Designate Lawrence Perkins as Chief Restructuring Officer Nunc Pro Tunc to the Petition Date [Docket No. 127]; Joinder of the Official Committee of Unsecured Creditors to the United States Trustee's Objection to the United States Trustee's Objection to Debtors' Motion to Employ and Retain SierraConstellation Partners, LLC, and Designate Lawrence Perkins as Chief Restructuring Officer [Docket No. 129]; and Debtors' Reply to CPIF Lending, LLC's Objection to Debtors' Motion to Employ SierraConstellation Partners, LLC and Designated Lawrence R.. Perkins as Chief Restructuring Officer [Docket No. 136]. Certificate of Service [Docket No. 28]; Notice of Hearing [Docket No. 71]; Certificate of Service [Docket No. 82]; Certificate of Service [Docket No. 83]; Supplemental Certificate of Service [Docket No. 95]; Supplemental Certificate of Service [Docket No. 96]; Supplemental Certificate of Service [Docket No. 97]; Supplemental Certificate of Service [Docket No. 98]; Supplemental Certificate of Service [Docket No. 99]; Supplemental Certificate of Service [Docket No. 130]; and Certificate of Service [Docket No. 131]. Status: Not resolved and going forward. Pleading: Application of Debtors for an Order Authorizing the Employment of Winstead PC as Counsel for the Debtors Effective as of the Petition Date [Docket No. 32]. PAGE 4

5 Document Page 5 of 8 Moving Party: Debtors Response/Objection Deadline: March 12, Responses/Objections Received: United State Trustee's Limited Objection to Application to Employ Winstead PC as Debtors' Counsel [Docket 66]; CPIF Lending, LLC's Objection to Application of Debtors for An Order Authorizing the Employment of Winstead PC as Counsel for the Debtors, Effective as of the Petition Date [Docket No. 67]; Joinder of the U.S. Securities Exchange Commission to U.S. Trustee's Limited Objections to Debtors' Application to Employ Winstead PC as Debtors' Counsel [Docket No. 117]; Trustee; 126]; Debtors' Reply to United States Trustee's Limited Objection to Employ Winstead As Debtors' Counsel [Docket No. 132]; Supplemental Declaration of Joseph J. Wielebinski in Support of Application of Debtors for an Order Authorizing the Employment of Winstead PC as Counsel for the Debtors [Docket No. 133]; and Debtors' Reply to CPIF Lending, LLC's Objection to Application of Debtors for An Order Authorizing the Employment of Winstead PC as Counsel for the Debtors, Effective as of the Petition Date [Docket No. 137]. Certificate of Service [Docket No. 34]; Notice of Hearing [Docket No. 71]; PAGE 5

6 Document Page 6 of 8 Certificate of Service [Docket No. 82]; Certificate of Service [Docket No. 83]; Supplemental Certificate of Service [Docket No. 96]; Supplemental Certificate of Service [Docket No. 97]; Supplemental Certificate of Service [Docket No. 98]; and Supplemental Certificate of Service [Docket No. 130]. Status: Not resolved. Pleading: Motion of CPIF Lending, LLC for Appointment of Chapter 11 Trustee [Docket No. 59]. Moving Party: CPIF Lending, LLC ("CPIF"). Response/Objection Deadline: March 28, Responses/Objections Received: Philip Michael Carter's Response in Support of Motions to Appoint Chapter 11 Trustee [Docket No. 108]; Debtors' Objection to Motion of CPIF Lending, LLC for Appointment of Chapter 11 Trustee [Docket No. 118]; Trustee; Debtors' Amended Objection to Motion of CPIF Lending, LLC for Appointment of a Chapter 11 Trustee [Docket No. 125]; and 126]. Notice of Hearing [Docket No. 60]; and PAGE 6

7 Document Page 7 of 8 Certificate of Service [Docket No. 131]. Status: Not resolved. Pleading: United States Trustee's Motion to Appoint Chapter 11 Trustee [Docket No. 103]. Moving Party: United States Trustee Response/Objection Deadline: April 1, Responses/Objections Received: Philip Michael Carter's Response in Support of Motions to Appoint Chapter 11 Trustee [Docket No. 108]; Joinder of the U.S. Securities and Exchange Commission to United States Trustee's Motion to Appoint Chapter 11 Trustee [Docket No. 116]; Trustee; 126]; Joinder of the Official Committee of Unsecured Creditors to the United States Trustee's Motion to Appoint a Chapter 11 Trustee [Docket No. 128]; and Debtors' Objection to United States Trustee's Motion to Appoint Chapter 11 Trustee [Docket No. 138]. Order Granting Expedited Hearing on United States Trustee's Motion to Appoint Chapter 11 Trustee [Docket No. 105]; and Certificate of Service [Docket No. 131]. Status: Not resolved. Dated: March 29, PAGE 7

8 Document Page 8 of 8 Respectfully submitted, By: /s/ Annmarie Chiarello Joseph J. Wielebinski State Bar No Annmarie Chiarello State Bar No Jason A. Enright State Bar No WINSTEAD PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas (214) (Phone) (214) (Facsimile) jwielebinski@winstead.com achiarello@winstead.com jenright@winstead.com PROPOSED COUNSEL FOR THE DEBTORS AND DEBTORS-IN-POSSESSION CERTIFICATE OF SERVICE The undersigned hereby certifies that on April 1, 2019, KCC, the Debtors proposed noticing agent will serve the foregoing document via , if KCC has an on file, on all creditors and parties-in-interest in all of the Debtors' bankruptcy cases. Additionally, notice of this document was electronically mailed on April 1, 2019, to the parties registered or otherwise entitled to receive electronic notices in this case pursuant to the Electronic Filing Procedures in this District. /s/ Annmarie Chiarello One of Counsel v PAGE 8