September 19, 2012 - REreno | Hardcore Real Estate News · PDF file · 2012-09-23555 West Fifth Street, 48th Floor Los Angeles, CA 90013-1065 ... 2011 and August 29, 2012 Time: 2:00

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LA/550382.1

Aram Ordubegian (CA Bar No. 185142)Andy S. Kong (CA Bar No. 243933) ARENT FOX LLP 555 West Fifth Street, 48th Floor Los Angeles, CA 90013-1065 Telephone: 213.629.7400 Facsimile: 213.629.7401 Email: [email protected] [email protected] General Bankruptcy and Restructuring Attorneys for Debtors and Debtors-in-Possession

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA

RENO DIVISION In re HI-FIVE ENTERPRISES, LLC, a California limited liability company; ONE SOUTH LAKE STREET, LLC, a Nevada limited liability company; and WILD GAME NG, LLC, a Nevada limited liability company d/b/a The Siena Hotel Spa & Casino, Debtors and Debtors-In-

Possession. ______________________________________

[X] Affects all Debtors

[ ] Applies only to Hi-Five Enterprises, LLC [ ] Applies only to One South Lake Street, LLC [ ] Applies only to Wild Game Ng, LLC

)) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 10-bk-54013-GWZ [Jointly Administered] Chapter 11 ORDER GRANTING DEBTORS’ MOTION TO DISMISS CHAPTER 11 BANKRUPTCY CASES AND DENYING U.S. TRUSTEE’S MOTIONS TO CONVERT CASES TO ONE UNDER CHAPTER 7

Hearing:

Date: October 24, 2011 and August 29, 2012 Time: 2:00 p.m. Place: 300 Booth Street Courtroom 3 Reno, NV 89509

___________________________________________________________________Entered on Docket September 19, 2012Entered on Docket September 19, 2012

Case 10-54067-gwz Doc 60 Entered 09/19/12 14:38:09 Page 1 of 41

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2 LA/550382.1

IN THIS DISTRICT, AT RENO, NEVADA, ON THE DATE INDICATED BELOW:

On October 24, 2011 at 2:00 p.m. and on August 29, 2012 at 2:00 p.m., hearings were held

before the Honorable Gregg W. Zive, United States Bankruptcy Judge, on the Motion to Dismiss

Chapter 11 Bankruptcy Cases [Docket No. 324] (the “Dismissal Motion”) filed by the above-

captioned debtors and debtors-in-possession (the “Debtor”) and the Motion to Convert Case from

Chapter 11 to Chapter 7 [Docket No. 227] (the “First Conversion Motion”) filed by the Office of the

United States Trustee (the “US Trustee”) and the Second Motion to Convert Cases to Chapter 7’s

[Docket No. 357] (the “Second Conversion Motion”) filed by the US Trustee. The Debtors appeared

through their counsel of record Aram Ordubegian of Arent Fox LLP. All other appearances are as

reflected on the record. All capitalized terms used herein shall have the meaning ascribed to them in

the Dismissal Motion unless otherwise defined.

The Court, having considered the Settlement Agreement attached hereto as Exhibit “2”, the

Supplement to Modified Settlement Agreement attached hereto as Exhibit “3”, the Modified

Settlement Agreement attached hereto as Exhibit “4”, the Order Granting Motion for Order

Approving Amended Settlement Agreement By and Among Debtors, Official Unsecured Creditors’

Committee and RE Reno, LLC entered as Docket No. 348, the Dismissal Motion, the Notice of the

Dismissal Motion, all other pleadings filed by the Debtors in support of the Dismissal Motion

including the Declaration of Barney Ng, the Debtors’ Omnibus Reply to Oppositions to Motion to

Dismiss Chapter 11 Bankruptcy Cases [Docket No. 350], the Debtors’ Notice of Errata [Docket No.

351], the statements, arguments, and representations made by various counsel of record at the

hearing on the Dismissal Motion, the oppositions to the Dismissal Motion filed by the Office of the

United States Trustee and NV Energy, as well as the First and Second Conversion Motion

(collectively, the “Conversion Motions”) and all pleadings and declarations filed in opposition

thereto including the opposition filed by the Committee [Docket No. 238], the Debtors [Docket No.

239], and the Statement Regarding Debtors' Opposition To U.S. Trustee's Motion To Convert Cases

To Chapter 7 filed by R.E. Reno [Docket No. 249], the record in these cases, the findings of fact and

conclusions of law as set forth on the record, and other good cause appearing therefore;


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3 LA/550382.1

IT IS HEREBY ORDERED AS FOLLOWS

1. The Dismissal Motion is GRANTED in its entirety and the Conversion Motions are

DENIED.

2. Adequate notice of the Dismissal Motion has been provided to all interested parties.

3. The above-captioned bankruptcy cases are hereby DISMISSED.

4. Promptly upon entry of this Order dismissing the Debtors’ bankruptcy cases, the

Debtors, by and through Debtors’ counsel Arent Fox LLP, are hereby authorized and instructed to

disburse the remaining funds in the estates held in a segregated account at Arent Fox LLP as

provided in the attached Exhibit “1” to this Order to only the timely filed and allowed claims listed

therein.

5. Barney Ng, on behalf of Wild Game, shall have the sole decision making authority

with respect to the prosecution of the IGT Litigation; however, he shall provide periodic updates to

the Ad Hoc Committee, whoever it may consist of with the exception of IGT who may not serve on

the Ad Hoc Committee, and all net proceeds (after actual and necessary costs incurred in generating

such proceeds, including legal fees and costs), shall be turned over to the Ad Hoc Committee for

distribution to Wild Game creditors holding allowed administrative and other claims as provided in

the Supplement to Modified Settlement Agreement.

6. Entry of this Order shall be effective only after the distributions as provided in

Exhibit “1” to this Order are in fact distributed and a declaration filed with the Court to so inform

interested parties.

7. All interim fee applications previously approved by the Court in the above-captioned

cases are hereby approved on a final basis.

8. The Bankruptcy Court shall not retain jurisdiction with respect to any disputes or

issues in connection with this Order or the Debtors’ bankruptcy cases. However, the Bankruptcy

Court shall retain jurisdiction solely to ensure that the Debtors pay all US Trustee fees owed in full

and may sanction the Debtors and their counsel if the US Trustee fees are not paid in full.





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5 LA/550382.1

X I certify that I have served a copy of this order with the motion, and no parties appeared or filed

written objections: A copy of this proposed Order was attached to the Declaration of Aram

Ordubegian in Support Of Debtors And Debtors-In- Possessions Opposition To U.S. Trustees

Second Motion To Convert Cases To Chapter 7 at Exhibit “3” and that declaration was served on all

parties and their counsel who appeared at the hearings.

# # #





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LA/1207425.1

COURT SERVICE LIST

U.S. TRUSTEE - RN - 11,11 300 BOOTH STREET, SUITE 3009 RENO, NV 89509 ATTN: WILLIAM B. COSSIT JOHN F MURTHA WOODBURN & WEDGE 6100 NEIL RD, #500 RENO, NV 89511 GEOFFREY A. HEATON ARON M OLINER DUANE MORRIS LLP ONE MARKET, SUITE 2200 SPEAR TOWER SAN FRANCISCO, CA 94105 RE RENO LLC C/O JEFFREY C. KRAUSE & GREGORY K. JONES STUTMAN TREISTER & GLATT 1901 AVENUE OF THE STARS, 12TH FLOOR LOS ANGELES, CA 90067 CATHERINE CORTEZ MASTO DENNIS L. BELCOURT 100 N. CARSON STREET CARSON CITY, NEVADA 89701-4717 LUCAS GJOVIG P.O. BOX 1343 WILLISTON, ND 58802 IGT 9295 PROTOTYPE DR. RENO, NV 89521 KONAMI GAMING, INC. 585 TRADE CENTER DRIVE LAS VEGAS, NV 89521 RAYMOND LEASING CORPORATION P.O. BOX 130 GREENE, NY 13778


LA/1207425.1

PDS GAMING CORPORATION-NEVADA 6280 ANNIE OAKLEY DRIVE LAS VEGAS, NV 89120 WELLS FARGO BANK, NATIONAL ASSOCIATION 3800 HOWARD HUGHES PARKWAY, 4TH FLOOR LAS VEGAS, NV 89109 YOUNG ELECTRIC SIGN COMPANY 775 E. GLENDALE AVE. SPARKS, NV 89101 BANK WYOMING 435 ARAPAHOE THERMOPOLIS, WY 82443-1232 INTERNAL REVENUE SERVICE P.O. BOX 21126 PHILADELPHIA, PA 19114 CREDITORS BUREAU USA 757 L STREET FRESNO, CA 93721 CHRISTOPHER ASHWORTH 25 METRO DR., STE 600 SAN JOSE, CA 95110 SHAWN CHRISTIANSON BUCHALTER NEMER FIELDS & YOUNGER 333 MARKET STREET, 25TH FLR SAN FRANCISCO, CA 94105 CECILY A. DUMAS FRIEDMAN DUMAS & SPRINGWATER LLP 150 SPEAR ST, STE 1600 SAN FRANCISCO, CA 94105 ERIC D GOLDBERG 1901 AVENUE OF THE STARS, 12TH FLR LOS ANGELES, CA 90067 LISA S. GRETCHKO HOWARD & HOWARD ATTORNEYS PLLC 3800 HOWARD HUGHES PARKWAY, SUITE 1400 LAS VEGAS, NEVADA 89169


LA/1207425.1

WILLIAM J. LAFFERTY HOWARD RICE NEMEROVSKI CANDAY FALK THREE EMBARCADERO CENTER, 7TH FLR SAN FRANCISCO, CA 94111 MELISSA S. LOR SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY ST, STE 2200 SAN FRANCISCO, CA 94104 DANIEL A. MCDANIEL NOMELLINI, GRILLI & MCDANIEL 235 EAST WEBER AVE P.O. BOX 1461 STOCKTON, CA 95201 JANET L. CHUBB, ESQ. JONES VARGAS 100 WEST LIBERTY STREET, 12TH FLOOR P.O. BOX 281 RENO, NV 89504-0281 JEANETTE E. MCPHERSON, ESQ. SCHWARTZER & MCPHERSON LAW FIRM 2850 SOUTH JONES BOULEVARD, SUITE 1 LAS VEGAS, NV 89146 RON OLINER DUANE MORRIS LLP ONE MARKET PLAZA SPEAR STREET TOWER, SUITE 2200 SAN FRANCISCO, CA 94105-1104 DENNIS L. BELCOURT DEPUTY ATTORNEY GENERAL 100 NORTH CARSON STREET CARSON CITY, NEVADA 89701-4717 CITY OF RENO SUSAN BALL ROTHE DEPUTY CITY ATTORNEY P.O. BOX 1900 RENO, NV 89505 JAMES A. KOHL, ESQ. HOWARD & HOWARD ATTORNEYS, PLLC 3800 HOWARD HUGHES PARKWAY, SUITE 1400 LAS VEGAS, NEVADA 89169


LA/1207425.1

GE MONEY BANK C/O RECOVERY MANAGEMENT SYSTEMS CORP. 25 SE 2ND AVENUE, SUITE 1120 MIAMI, FL 33131-1605 ATTN: RAMESH SINGH AMERICAN EXPRESS TRAVEL RELATED SERVICES CO, INC C/O BECKET AND LEE LLP P.O. BOX 3001 MALVERN, PA 19355 0701 RENO PRINT STORE, LLC 280 GREG STREET #5 RENO, NV 89502-2272 RECOVERY MANAGEMENT SYSTEMS CORPORATION 25 SE SECOND AVENUE INGRAHAM BUILDING, SUITE 1120 MIAMI, FL 33131


September 19, 2012 - REreno | Hardcore Real Estate News · PDF file · 2012-09-23555 West Fifth Street, 48th Floor Los Angeles, CA 90013-1065 ... 2011 and August 29, 2012 Time: 2:00

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