Sep 10, 2020 187 Hearing Proceeding Memo: Hearing Held - APPEARANCES: Scott Shuker: Debtor Atty; Beck Tokhtaev (debtor representative); Miriam Suarez & Bryan Buenaventura: UST; Ari Newman; Creditors' Committee; Josh Lefcowitz: Cohen & Company; Harris Koroglu: RTS Financial; Mark Steiner: Bank of America; RJ Haughey: Premier Trailer Leasing; Grey Squires-Binford: Center State Bank; James Shepherd: Ryer Truck Rental; Paul Batttista: Star Leasing; Zachary Bancroft: Iberia Bank; Michael Axel: Keybank NA; Jason Del Rosso: TCF National Bank; Marie Hofsdal: Signature Financial; Alexis Leventhal: BMO Harris. WITNESS: Beck Tokhtaev EVIDENCE: Confirmation Affidavit (Doc #178) RULING: 1) Combined Disclosure Statement & Confirmation Hearing Disclosure Statement (Doc #107) - Approved; the Objection by Premier Trailer Leasing (Doc #172) is overruled. The Amended Chapter 11 Plan (Doc #153) - Notice of Filing Second Modifications to Amended Plan (Doc #182) - Notice of Filing Modifications to Amended Plan (Doc #163) (and Modifications to the plan are confirmed; order by Shuker. 2) Motion by BMO Harris Bank, N.A. to Deem Late Filed Proof of Claim Timely (Doc #124) - Granted; order by Leventhal. 3) Motion by KeyBank NA to Allow Late Filed Claim as Timely (Doc #126) - Granted; order by Axel. 4) Agreed Motion by Bank of America to Allow Late Claim (Doc #139) - Granted; order by Steiner. 5) Application for Final Compensation and Notice of Estimated Fees Through Confirmation for R Scott Shuker, Debtor's Attorney, Fee: $108,520.50, Expenses: $2,038.90. For the period: May 12, 2020 through August 18, 2020 (Doc #143) - Approved; order by Shuker. Supplemental Application for Final Compensation for R Scott Shuker, Debtor's Attorney, Fee: $31,597.00, Expenses: $800.95. For the period: August 19, 2020 through September 9, 2020 (Doc #180) - Approved; order by Shuker. 6) Application for Final Compensation on behalf of David M. Cole, CPA and the Accounting firm of David M. Cole, CPA, LLC as Tax Accountants for DM World Transportation LLC, Accountant, Fee: $3,000.00, Expenses: $0.00. (Doc #144) - Affidavit in Support of Application (Doc #148) - Approved; order by Shuker. 7) Motion by Star Leasing Co to Allow Administrative Expense Claim and to Compel Payment (Doc #145) - Notice of Filing Proposed Order (Doc #162) - Granted; parties to submit proposed order. 8) Motion by Debtor to Assume Unexpired Leases with Cresco Capital, Inc. and Red Rock Capital, LLC (Doc #155) - Granted; order by Shuker. 9) Application for Compensation of Greenberg Traurig, P.A. for Official Committee of Unsecured Creditors, Creditor's Attorney, Fee: $68,727.50, Expenses: $57.25. For the period: June 3, 2020 through August 14, 2020; filed w/ neg ntc 8/19/20 (Doc #146) - - Supplement to Application of Greenberg Traurig, P.A. for Compensation for Services Rendered and Reimbursement of Expenses (August 15, 2020 through September 9, 2020) (Doc #185) - Approved after negative notice time runs; Newman to submit order. 2) Application for Compensation of Cohen & Company, LTD. for Official Committee of Unsecured Creditors, Financial Advisor, Fee: $26,166.00, Expenses: $7,500.00. For the period: June 15, 2020 through August 18, 2020; filed w/ neg ntc 8/19/20 (Doc #147) - Supplement to Application of Cohen & Company, LTD. for Compensation for Services Rendered and Reimbursement of Expenses, as Financial Advisor and Forensic Accountant (August 19, 2020 through September 9, 2020) (Doc #183) - Approved after negative notice time runs; Newman to submit order. A Post Confirmation Status Conference is set for 12/8/20 at 2:00pm (AOCNFNG) Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court. (Dkt) (Entered: 09/10/2020) Sep 16, 2020 188 Notice of Filing Selection of Liquidating Agent (Mark C. Healy of Michael Moecker & Associates, Inc.) Filed by Ari Newman on behalf of Creditor Committee Official Committee of Unsecured Creditors. (Newman, Ari) (Entered: 09/16/2020) Sep 17, 2020 189 Order Granting Motion to Deem Late Filed Proof of Claim Timely Filed (Related Doc # 124). Service Instructions: Alexis Leventhal is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Vivianne) (Entered: 09/17/2020) Sep 17, 2020 190 Order Granting Motion To Assume Unexpired Leases with Cresco Capital, Inc. and Red Rock Capital, LLC (Related Doc # 155). Service Instructions: R Shuker is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Vivianne) (Entered: 09/17/2020) Sep 17, 2020 191 Order Granting Agreed Motion To Allow late Claim (Related Doc 139). Service Instructions: Mark Steiner is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order.(Rutha). (Entered: 09/17/2020) Sep 17, 2020 192 Order Granting Application For Compensation (Related Doc # 144). Fees awarded to DM World Transportation LLC in the amount of $3000.00, expenses awarded: $0.00 Service Instructions: R Shuker is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Rutha) (Entered: 09/17/2020) Sep 17, 2020 193 Order Granting Application For Compensation (Related Doc # 143). Fees awarded to R Scott Shuker in the amount of $108520.50, expenses awarded: $2038.90, Order Granting Application For Compensation (Related Doc # 180). Fees awarded to R Scott Shuker in the amount of $31597.00, expenses awarded: $800.95 Service Instructions: R Shuker is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Scott) (Entered: 09/17/2020) Sep 17, 2020 194 Order Approving Disclosure Statement and Confirming Chapter 11 Plan as Modified;a Status Conference will be held December 8, 2020 at 2:00 p.m.. Service Instructions: R Shuker is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Adrienne) Modified on 9/17/2020 (Adrienne). (Entered: 09/17/2020) Sep 17, 2020 195 Order Granting Motion To Allow Late Filed Claims as Timely Filed by KeyBank National Association (Related Doc # 126). Service Instructions: Michael Axel is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Scott) (Entered: 09/17/2020) Sep 17, 2020 196 Order Granting Motion To Allow Administrative Expense Claim and to Compel Payment (Related Doc # 145). Service Instructions: R Shuker is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Karla) (Entered: 09/17/2020)