Thanks for the call with Leon on Friday.
I’m working in parallel, as discussed, on preparing for the fee hearing and preparing an action based on the LLC interests.
I may be requesting documents from you as part of preparing for the fee hearing. If I do, I will try to get those requests to you as soon as I can. I won’t be able to propound formal discovery, but I think the judge would understand, given the timeframe involved.
As for the LLCs that Stephanie has an interest in, can you find out if the Trustee will agree to some sort of “standstill” agreement whereby the parties take no further action with respect to those LLCs pending the resolution of the varying claims?
This would obviate the need for a TRO or PI request as part of me quickly filing a complaint. Seems like at this stage it poses no threat to the estate and will save the estate (as well as my client, too) on attorney fees.
Please get back to me as soon as possible on this request. I hate putting the deadlines on everything, because I assume you guys mean it when you say you are talking things through with your client, but I have no other way of making sure my client’s interests are protected. I do not think the “standstill” agreement need really comprise more than an e-mail in which we memorialize the plan to keep the status quo with respect to the subject LLCs.
Please let me know by COB tomorrow whether we can do the “standstill.”
Matthew A. Goldberg"
Source of David S. Aman, Tonkon Torp involved in actions of Summit Bankruptcy Post Quote and Full Post.