HomeMy WebLinkAbout20182329.tiffUNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
SAND HILLS METROPOLITAN
DISTRICT,
Debtor.
) Case No. 18-13078 TBM
) Chapter 9
)
)
RECEIVED
SEP 1 8 2013
WELD COUNTY
COMM SSFONEPC•.
NOTICE OF HEARING ON ADEQUACY OF DISCLOSURE STATEMENT
TO THE DEBTOR(S), CREDITORS, EQUITY HOIJ)[3RS, AND ALL L. OTHER PARTIES -
IN -INTEREST:
NOTICE IS HEREBY GIVEN that a Disclosure Statement was filed by SAND HILLS
METROPOLITAN DISTRICT (the "Plan Proponent"). Pursuant to Order of the Court, a Hearing will
be held on the adequacy of such Disclosure Statement on October 18, 2018 at 1:30 p.m. in Courtroom B,
United States Bankruptcy Court for the District of Colorado. United States Custom House, 721 19'h Street,
Denver, Colorado (the "Hearing").
Any objections to the Disclosure Statement shall be made in writing and the original of the
objection shall be tiled with the Court and a copy served on the attorney for the Plan Proponent, the
Debtor(s), and counsel for Debtor(s), the United States Trustee, and the Trustee, if any, counsel for the
Creditors' Committee (or when there is no counsel, to the Committee Chairperson), applicable regulatory
agencies, including without limitation, the Securities and Exchange Commission and the Commissioner
of Securities of the State of Colorado on or before October 12, 2018. Objections shall clearly specify
the grounds upon which they are based, including the citation of supporting legal authority, if any, and
references to the particular portions of the statement to which objections are made. General objections
will not be considered by the Court.
The Disclosure Statement is available for public inspection from 8:00 a.m. to 4:30 p.m. during any
regular business day in the Clerk's Office of the United States Bankruptcy Court for the District of Colorado,
United States Custom House, 721 19th Street, Denver, Colorado. Any interested party who desires a copy
of the Disclosure Statement or Plan may submit such request to the Plan Proponent at the address
stated below, with a copy of that request to the Clerk of the Bankruptcy Court. The Plan Proponent shall
promptly provide the requested copy.
The Hearing may be continued from time to time by Order made in Open Court without
further written notice to creditors or other parties in interest.
DATED: September 14, 2018.
PLAN PROPONENT:
SAND HILLS METROPOLITAN DISTRICT
c/o David V. Wadsworth, Esq.
/s/ David V. Wadsworth
Wadsworth Warner Conrardy, P.C.
2580 W. Main Street, Suite 200
Littleton, Colorado 80120
303-296-1999 / 303-296-7600 FAX
dwadsworth;awvwe-leg al.com
Attorneys for Sand Hills Metropolitan District
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
SAND HILLS METROPOLITAN
DISTRICT,
Debtor.
) Case No. 18-13078 JGR
) Chapter 9
NOTICE OF FILING AMENDED LIST OF CREDITORS
OBJECTION DEADLINE: OCTOBER 5, 2018
YOU ARE HEREBY NOTIFIED that Sand Hills Metropolitan District ("Sand Hills") has filed
an Amended List of Creditors in this case. The amendment was made to conform the list to the records of
the Weld County Assessor. The following changes were made to the list:
1. Compressco Partners Sub Inc. was deleted from the list of creditors. In the original list, the
entity was listed as having paid taxes in the amount of $7,000,000. This was erroneous.
2. The amounts due Bill Barrett Corporation, Bonanza Creek Energy, Inc., CSI Compressco
Leasing LLC, and Noble Energy, Inc. were adjusted to higher amounts than the amounts listed
in the initial list of creditors.
3. The amount due Crestone Peak Resources, LP was amended from "unknown" to $140.25.
4. The "unknown" claim of CDM Resource Management was deleted because the entity was also
listed as having a claim in the amount of $414,722.00.
5. The column listing the type of claim was deleted.
A copy of this notice is served upon all entities included in the Amended List of Creditors. If you
contend that any amendment is in error, your objection and request for hearing must be filed on or before
the objection deadline stated above, served on the movant at the address indicated below, and must state
clearly all objections and any legal basis for the objections. The Court will not consider general objections.
DATED this 14th day of September, 2018.
WADSWORTH WARNER CONRARDY, P.C.
/s/ David V. Wadsworth
David V. Wadsworth, #32066
2580 West Main Street, Suite 200
Littleton, Colorado 80120
303-296-1999 / 303-296-7600 FAX
dwadsworth(a wwc-lcgal.cotn.
Counsel for Sand Hills Metropolitan District
r
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
SAND HILLS METROPOLITAN
DISTRICT,
Debtor.
Case No. 18-13078 JGR
Chapter 9
NOTICE OF MOTION TO APPROVE SETTLEMENT AGREEMENT BILL BARRETT CORPORATION
AND BONANZA CREEK ENERGY, INC.
OBJECTION DEADLINE: OCTOBER 5, 2018
YOU ARE HEREBY NOTIFIED that Sand Hills Metropolitan District ("Sand Hills") has filed a motion
for order approving a settlement agreement with Bill Barrett Corporation ("Barrett") and Bonanza Creek Energy, Inc.
("Bonanza"). The background of the settlement and the relief requested is summarized as follows:
Background
On April 16, 2018 (the "Petition Date"), Sand Hills commenced a chapter 9 bankruptcy case in this Court
(the `Bankruptcy Case"). No objections to eligibility were filed. On May 29, 2018, the Court entered the Order for
Relief in the Bankruptcy Case. The Bankruptcy Case stems primarily from pre -petition litigation. On November 1,
2013, Barrett and Bonanza filed a lawsuit in the Weld County, Colorado District Court, Case No. 2013CV30928 (the
"Weld County Case"), challenging Sand Hills' ability to assess ad valorem taxes on their mineral leaseholds and
seeking a refund from Sand Hills, the Town of Lochbuie ("Lochbuie") and United Water and Sanitation District of
taxes paid to Sand Hills. Noble Energy, Inc. ("Noble") was later added as an involuntary plaintiff in the Weld County
Case. In January 2014, Barrett and Bonanza entered into an agreement with Lochbuie (the "Lochbuie Agreement")
by which Lochbuie agreed to hold and preserve $1,350,000 (the "Lochbuie Segregated Funds") it had received from
Sand Hills until such time as the Weld County Case was finally resolved.
On March 19, 2015, in the Weld County Case, the Weld County District Court entered an order determining
that Sand Hills lacked governing authority after 2011 because of a change in the composition of property within the
district (the "2015 Order"). After entry of the 2015 Order in the Weld County Case, the Weld County District Court
entered orders requiring Sand Hills to segregate future tax revenues and preserve existing revenues collected from
Barrett and Bonanza (the "Sand Hills Segregation Orders"). Sand Hills appealed the 2015 Order to the Colorado
Court of Appeals (the "Court of Appeals"). The appeal was assigned case number 2015CA765 (the "Appeal").
On October 6, 2016, the Court of Appeals entered an order affirming the Weld County District Court in part
and also reversing in part. The Court of Appeals determined that Sand Hills did not have authority to levy taxes
beginning in 2009 because of an unapproved "material modification" to Sand Hills' service plan that occurred in 2009.
The Colorado Supreme Court denied Sand Hills' petition for writ of certiorari and the Court of Appeals entered its
mandate in September 2017. On remand in the Weld County Case, the Weld County District Court entered judgment
in favor of Barrett and Bonanza and against Sand Hills and Lochbuie with respect to principal amounts plus statutory
interest. As of the Petition Date, the Parties agree the total judgment amount, including statutory interest through that
date, in favor of Barrett is $3,116,654.47 and the total judgment amount in favor of Bonanza is $17,209,261.03
(together, the "Judgments"). As of July 31, 2018, Lochbuie held approximately $1.35 million in the Lochbuie
Segregated Funds pursuant to the Lochbuie Agreement. As of July 31, 2018, Sand Hills was holding approximately
$9 million (the "Sand Hills Segregated Funds") in a C -SAFE account pursuant to the Sand Hills Segregation Orders.
Sand Hills asserts that the Lochbuie Segregated Funds and the Sand Hills Segregated Funds are unencumbered
property of the chapter 9 bankruptcy estate.
Barrett, Bonanza and Noble filed a motion in the Bankruptcy Case seeking relief from stay (the "Stay Relief
Motion") to reinitiate proceedings in the Weld County Case and obtain orders authorizing the disbursement of the
Lochbuie Segregated Funds and the Sand Hills Segregated Funds based upon their assertion that they either have
unavoidable "equitable liens" on all of the funds or the funds are not property of the estate and are held in "custodia
legis" for their benefit. The contested Stay Relief Motion was set for a final evidentiary hearing to commence on
September 7, 2018.
The Proposed Settlement Agreement
After discussions, and to avoid the costs, delay and risks of further litigation including the final hearing on
the Stay Relief Motion, Sand Hills, Barrett, and Bonanza (collectively, the "Parties" and, when referred to individually,
a "Party") entered into a written Settlement Agreement (the "Settlement Agreement") resolving all matters including,
without limitation, all matters arising in or related to the Weld County Case, the Appeal, the Judgments, and the
Bankruptcy Case, except as otherwise provided herein (collectively, the "Disputed Issues"). A copy of the Settlement
Agreement is attached as Exhibit 1 to the Motion and includes the following terms:
1. Bankruptcy Court Approval. The Settlement Agreement is subject to, and shall not become effective, until
it is approved by a final and non -appealable written order of the Court (the "Approval Order");
2. Plan of Adjustment. On or before September 14, 2018, Sand Hills shall file its First Amended Plan of
Adjustment (the "Plan") and accompanying Disclosure Statement. The Plan, and any other plan proposed or
supported by Sand Hills, shall not include any provisions for the levy, collection or receipt of any taxes from
Barrett or Bonanza or on account of their respective property interests;
3. Lochbuie Segregated Funds. The Approval Order shall direct the Town of Lochbuie to immediately disburse
the Lochbuie Segregated Funds to Barrett and Bonanza as directed in writing by Barrett and Bonanza;
4. Plan Treatment of Barrett and Bonanza. The Plan shall (a) provide that the Sand Hills Segregated Funds will
be distributed to Barrett and Bonanza immediately, and in any case not less than two business days, after
entry of an order confirming the Plan, and (b) provide that the distribution to Barrett and Bonanza of the Sand
Hills Segregated Funds and the Lochbuie Segregated Funds is made in full satisfaction of the Judgments;
5. Plan Support. Provided no terms in any proposed plan of adjustment filed or supported by Sand Hills are
inconsistent with the terms set forth in the Settlement Agreement, Bonanza and Barrett agree to support the
plan and to cast ballots in favor of such plan;
6. Weld County Case. Upon entry of the Approval Order, Barrett, Bonanza and Sand Hills shall withdraw all
pending motions in the Weld County Case and shall act in good faith to obtain dismissal of all pending claims,
counterclaims and defenses as between the Parties, each Party to bear its own attorneys' fees and costs;
provided, however, the Parties shall, if necessary, take any actions reasonably required to obtain disbursement
of the Sand Hills Segregated Funds and Lochbuie Segregated Funds in the Weld County Case and otherwise;
7. Stay Relief Motion. Upon entry of the Approval Order, the Stay Relief Motion will be deemed withdrawn
as to Barrett and Bonanza;
8. Confirmation Deadline. In the event that the first date set for the Plan confirmation hearing is after December
19, 2018 or an order confirming the Plan is not entered on or before December 21, 2018, Sand Hills will
immediately disburse the Sand Hills Segregated Funds to Barrett and Bonanza as directed in writing by
Barrett and Bonanza;
9. Mutual Release. Upon entry of the Approval Order, each of the Parties, for themselves, their successors,
assigns, transferees, directors, officers, and agents, releases each of the other Parties and their successors,
assigns, transferees, directors, officers, and agents from any and all known claims, demands, causes of action,
and defenses, asserted or unasserted, arising from or relating to the Disputed Issues, including but not limited
to claims relating to any and all governmental transferees of Sand Hills' assets. This mutual release shall not
r'
apply to any claims and defenses made in civil action number 2017CV68 pending in the Adams County
District Court and related appeals, or to any covenants and obligations arising under the Settlement
Agreement;
10. Additional Warranties and Representations. Upon entry of the Approval Order, Sand Hills covenants that it
shall not, from this date forward, ever levy, collect, receive any taxes on or from Barrett or Bonanza or their
respective property interests or business operations. This covenant shall apply solely to the Sand Hills
Metropolitan District;
11. Cooperation. The Parties agree to cooperate fully and execute any documents and to take all additional actions
that may be reasonably necessary or appropriate to give full force and effect to the terms and intent of this
Settlement Agreement;
12. Performance Outside of Bankruptcy. The Parties agree the Settlement Agreement, including Sand Hills'
covenant described in subparagraph 10, above, shall remain binding in the event a Sand Hills plan of
adjustment is not confirmed and/or the Bankruptcy Case is dismissed. In such event, the Parties will proceed
to immediate closing to consummate all unperformed terms of this Settlement Agreement outside bankruptcy,
including, obtaining the transfer of the Sand Hills Segregated Funds and Lochbuie Segregated Funds to
Barrett and Bonanza.
Argument in Support of Approval
Sand Hills seeks approval of the Agreement pursuant to 11 U.S.C. § 105 and Fed. R. Bankr. P. 9019. Fed.
R. Bankr. P. 9019 provides that, after a hearing on notice to creditors, the bankruptcy court may approve a compromise
or settlement. The standard by which courts evaluate settlement of claims has been defined by the courts. See Kaiser
Steel Corp. v. Frates (In re Kaiser Steel Corp.), 105 B.R. 971, 976 (D. Colo. 1989). "In general, the court must
determine whether the settlement is fair and equitable and in the best interests of the estate." Id. at 971. The factors
often considered in this determination are (1) the probability of success on the merits in the litigation; (2) the
difficulties, if any, to be encountered in collection of any judgment that might be obtained; (3) the complexity of the
litigation involved, and the expense, inconvenience and delay necessarily attending it; and (4) the paramount interests
of creditors and the proper deference to their reasonable views in the premises. Kaiser Steel, 105 B.R. at 976-77. The
second Kaiser Steel factor, collectability, is inapplicable. Each of the remaining factors heavily weigh in favor of the
Settlement Agreement.
With respect to the Bankruptcy Case, the Parties were litigating the Stay Relief Motion and a motion filed by
Barrett and Bonanza seeking to suspend the plan confirmation process. In all likelihood, these contested matters
would have expanded to include the merits of the confirmability of the Plan. In addition, Barrett and Bonanza sought
stay relief to resume litigating various issues in the Weld County Case, including a contempt citation. As the Court
observed at the preliminary hearing on the Stay Relief Motion, numerous complex issues were raised by the Motion.
Given the nearly five-year litigation history, each side would likely have appealed any unfavorable rulings. The
Settlement Agreement puts an end to all of this litigation and the attendant expense, inconvenience and delay.
Due to the complexity and novelty of some of the issues raised in the Stay Relief Motion, probability of
success on the merits is difficult to gauge. This difficulty weighs strongly in favor of settlement. Barrett and Bonanza
assert that they have equitable liens on the Lochbuie Segregated Funds and the Sand Hills Segregated Funds or,
alternatively, that the funds are not property of the bankruptcy estate under the doctrine of "custodia legis." After the
preliminary hearing on the Stay Relief Motion, the Court observed that the parties' intent would be a significant factor
in its analysis of the disputed issues. There is case law supporting both sides of the arguments with respect to equitable
liens and the "custodia legis" doctrine and evidence regarding the parties' intent is equivocal, at best. Had the Stay
Relief Motion gone to hearing, rulings in favor or each side were distinct possibilities.
Moreover, the Stay Relief Motion was only the tip of the iceberg. The motion to suspend the confirmation
process would have been actively litigated. So too the confirmability of the plan currently on file with the Court. The
Settlement Agreement eliminates all of these future battles and, of perhaps greatest importance, results in plan support
from Sand Hills' primary antagonist. There are two obvious (and huge) benefits to creditors and the estate resulting
from these settlement terms that substantially increase the likelihood of confirmation: first, the amended plan to be
filed will have one or more consenting, non -insider classes and, second, the parties most likely to contest confirmation
will instead be throwing their support behind the plan. These last observations support a determination that the
Settlement Agreement is in the best interests of creditors. With respect to "proper deference to their reasonable views
in the premises," Barrett and Bonanza, taken together, are the holders of the vast majority of Sand Hills' debt. Their
views are therefore of great concern with respect to this factor and should be given deference. Overall, the agreement
resolves almost five years of legal battles, provides the means for a swift and uncontested confirmation and will allow
for Sand Hills' statutory dissolution shortly after its emergence from chapter 9, with no future taxation. The Settlement
Agreement represents a "win -win" for all concerned and should be approved.
The Settlement Agreement includes a provision directing the Court to Order Lochbuie to disburse the
Lochbuie Segregated Funds to Barrett and Bonanza. Sand Hills asserts that this relief is appropriate and permissible
for a number of reasons. First, Lochbuie is included on the service list for the within Motion. It is anticipated that
Lochbuie does not object to the relief and therefore will not object to the Motion. Second, pursuant to 28 U.S.C. §
1334(e), the Court has exclusive jurisdiction over property of the estate, including the Lochbuie Segregated Funds.
Third, as set forth in the "Agreement to Hold Funds" attached hereto as Exhibit 2, as part of the inducement to
segregate, Barrett and Bonanza represented to Lochbuie that the Lochbuie Segregated Funds "should be returned to
Sand Hills" after the conclusion of the litigation. Consistent with that representation, Sand Hills is now requesting
that this Court bypass the intermediate step and simply direct Lochbuie to deliver the funds to Barrett and Bonanza.
If you oppose the motion or object to the requested relief your objection and request for hearing must be filed
on or before the objection deadline stated above, served on the movant at the address indicated below, and must state
clearly all objections and any legal basis for the objections. The Court will not consider general objections. In the
absence of a timely, substantiated objection and request for hearing by an interested party, the Court may approve or
grant the requested relief without any further notice to creditors or other interested parties.
DATED this 14th day of September, 2018.
WADSWORTH WARNER CONRARDY, P.C.
/s/ David V. Wadsworth
David V. Wadsworth, #32066
2580 West Main Street, Suite 200
Littleton, Colorado 80120
303-296-1999 / 303-296-7600 FAX
dwadsworthvi wwc-legal.corn
Co -counsel for Sand Hills Metropolitan District
BROWN DUNNING WALKER PC
Douglas W. Brown
2000 South Colorado Boulevard
Tower Two, Suite 700
Denver, CO 80222
303-329-3363
dbrown@bdwfirm.com
Co -counsel for Sand Hills Metropolitan District
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
SAND HILLS METROPOLITAN
DISTRICT,
Debtor.
Case No. 18-13078 TBM
Chapter 9
RECEIVED
JUL 17 2018
WELD COUNTY
COMMISSIONERS
NOTICE OF ORDER ESTABLISHING PROCEDURES AND
BAR DATE FOR THE FILING OF PROOFS OF CLAIM
PURSUANT TO FED. R. BANKR. P. 3003(c)(3)
TO INDIVIDUALS AND ENTITIES WHO MAY BE CREDITORS OF THE DEBTOR:
Please take notice that the bankruptcy court has entered an order establishing procedures
and a bar date for filing proofs of claim pursuant to Bankruptcy Rule 3003(c)(3) as follows:
(a) All proofs of claim must be filed with the Clerk of the bankruptcy court by e -filing,
by mail or in person, such that they are received no later than August 31, 2018 (the
"Bar Date"), at the following address:
Clerk of the United States Bankruptcy Court
United States Custom House
721 19th Street
Denver, Colorado 80202.
CLAIMS ARE NOT DEEMED FILED UNTIL ACTUALLY RECEIVED BY
THE CLERK.
(b) ANY CLAIMS FILED AFTER THE BAR DATE WILL BE DISALLOWED.
Any individual or entity that is required to file a proof of claim by the Bar Date and
that fails to do so will not be treated as a creditor for the purposes of voting or
distribution, may not receive any further notices of mailings in this chapter 9 case and
any claim of such individual or entity will be forever barred.
(c) Any creditor holding a claim arising prior to the Bar Date must file a proof of claim
with the court if the claim is: (i) not scheduled, (ii) scheduled as disputed, contingent,
or unliquidated, or (iii) if such creditor disagrees with the amount of the scheduled
claim.
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2018-2329
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(d) Following the Bar Date, a creditor will not be allowed to amend a claim deemed filed
on its behalf pursuant to 11 U.S.C. § 925 by virtue of the listing of such claim by the
District in its List of Creditors.
(e) CLAIMANTS WHO HAVE ALREADY FILED THEIR PROOFS OF CLAIM
SHOULD NOT FILE A DUPLICATE CLAIM. Claimants who have filed a Proof of
Claim MAY file an amended Proof of Claim by the Bar Date.
ANY CLAIM NOT TIMELY FILED WITH THE CLERK WITHIN THE TIME SET
FORTH ABOVE WILL BE FOREVER BARRED FROM SHARING IN THE ESTATE
OR BEING TREATED AS A CLAIM FOR PURPOSES OF VOTING OR
DISTRIBUTION.
DATED: July 12, 2018
WADS WORTH WARNER CONRARDY, P.C.
/s/ David V. Wadsworth
David V. Wadsworth, #32066
Lacey S. Bryan, #51908
2580 W. Main Street, Suite 200
Littleton, Colorado 80120
(303) 296-1999; (303) 296-7600 (fax)
dwadsworth@wwc-legal.com
lbryan@wwc-legal.com
Attorneys for Sand Hills Metropolitan District
, Case:18-13078-TBM Doc#:32 Filed:07/11/18 Entered:07/11/18 13:14:37 Pagel of 4
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
SAND HILLS METROPOLITAN
DISTRICT,
Debtor.
Case No. 18-13078 TBM
Chapter 9
ORDER ESTABLISHING BAR DATE FOR THE FILING OF PROOFS OF CLAIM
PURSUANT TO FED. R. BANKR. P. 3003(c)(3)
THIS COURT, having reviewed the Motion for Order Establishing Bar Date for the
Filing of Proofs of Claim Pursuant to Fed.R.Bankr.P. 3003(c)(3) (the "Motion"), filed by Sand
Hills Metropolitan District (the "District"), debtor herein, being advised in the premises and
good cause having been shown, hereby:
ORDERS that the motion is GRANTED.
IT IS FURTHER ORDERED that the Proofs of Claim in the above -captioned chapter 9
bankruptcy case must be filed no later than August 31, 2018 (the "Bar Date").
IT IS FURTHER ORDERED that any claims filed after the Bar Date will be
DISALLOWED. Any individual or entity that is required to file a Proof of Claim and that fails to
do so by the Bar Date will not be treated as a creditor for the purposes of voting or distribution,
will not receive any further notices of mailings in this chapter 9 case and any claim of such
individual or entity will be forever barred against the District.
IT IS FURTHER ORDERED that following the Bar Date, a creditor will not be allowed
to amend a claim deemed filed on its behalf pursuant to 11 U.S.C. § 925 by virtue of the listing
of such claim by the District in the List of Creditors.
IT IS FURTHER ORDERED that a copy of this order, notice in the form attached hereto
as Exhibit A (the "Bar Notice"), and a Proof of Claim form must be served on all parties -in -
interest pursuant to FED. R. BANKR. P. 2002(a)(7) by August 1, 2018.
IT IS FURTHER ORDERED that the District shall cause the Bar Notice to be published
in the Brighton Standard Blade and The Greeley Tribune, except that that instead of reprinting a
proof of claim form, the notice as published shall provide: "PROOF OF CLAIM FORMS CAN
BE OBTAINED BY CALLING OR EMAILING [A PERSON, PHONE NUMBER AND
EMAIL ADDRESS TO BE DESIGNATED PRIOR TO PUBLICATION]." by August 1, 2018.
Case:18-13078-TBM Doc#:32 Filed:07/11/18 Entered:07/11/18 13:14:37 Page2 of 4
IT IS FURTHER ORDERED that the form of Proof of Claim transmitted to creditors
must comply with Official Form 410 in all respects, including the information contained on its
reverse side.
DATED this l lth day of July, 2018.
BY THE COURT:
Thomas B. McNamar ,
U.S. BANKRUPTCY JUDGE
Case:18-13078-TBM Doc#:32 Filed:07/11/18 Entered:07/11/18 13:14:37 Page3 of 4
EXHIBIT A
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
SAND HILLS METROPOLITAN
DISTRICT,
Debtor.
Case No. 18-13078 TBM
Chapter 9
NOTICE OF ORDER ESTABLISHING PROCEDURES AND
BAR DATE FOR THE FILING OF PROOFS OF CLAIM
PURSUANT TO FED. R. BANKR. P. 3003(c)(3)
TO INDIVIDUALS AND ENTITIES WHO MAY BE CREDITORS OF THE DEBTOR:
Please take notice that the bankruptcy court has entered an order establishing procedures
and a bar date for filing proofs of claim pursuant to Bankruptcy Rule 3003(c)(3) as follows:
(a) All proofs of claim must be filed with the Clerk of the bankruptcy court by e -filing,
by mail or in person, such that they are received no later than August 31, 2018 (the
"Bar Date"), at the following address:
Clerk of the United States Bankruptcy Court
United States Custom House
721 19th Street
Denver, Colorado 80202.
CLAIMS ARE NOT DEEMED FILED UNTIL ACTUALLY RECEIVED BY
THE CLERK.
(b) ANY CLAIMS FILED AFTER THE BAR DATE WILL BE DISALLOWED.
Any individual or entity that is required to file a proof of claim by the Bar Date and
that fails to do so will not be treated as a creditor for the purposes of voting or
distribution, may not receive any further notices of mailings in this chapter 9 case and
any claim of such individual or entity will be forever barred.
(c) Any creditor holding a claim arising prior to the Bar Date must file a proof of claim
with the court if the claim is: (i) not scheduled, (ii) scheduled as disputed, contingent,
or unliquidated, or (iii) if such creditor disagrees with the amount of the scheduled
claim.
Case:18-13078-TBM Doc#:32 Filed:07/11/18 Entered:07/11/18 13:14:37 Page4 of 4
(d) Following the Bar Date, a creditor will not be allowed to amend a claim deemed filed
on its behalf pursuant to 11 U.S.C. § 925 by virtue of the listing of such claim by the
District in its List of Creditors.
(e) CLAIMANTS WHO HAVE ALREADY FILED THEIR PROOFS OF CLAIM
SHOULD NOT FILE A DUPLICATE CLAIM. Claimants who have filed a Proof of
Claim MAY file an amended Proof of Claim by the Bar Date.
ANY CLAIM NOT TIMELY FILED WITH THE CLERK WITHIN THE TIME SET
FORTH ABOVE WILL BE FOREVER BARRED FROM SHARING IN THE ESTATE
OR BEING TREATED AS A CLAIM FOR PURPOSES OF VOTING OR
DISTRIBUTION.
DATED:
WADSWORTH WARNER CONRARDY, P.C.
/s/ David V. Wadsworth
David V. Wadsworth, #32066
Lacey S. Bryan, #51908
2580 W. Main Street, Suite 200
Littleton, Colorado 80120
(303) 296-1999; (303) 296-7600 (fax)
dwadsworth@wwc-legal.com
lbryan(awwc-legal.com
Attorneys for Sand Hills Metropolitan District
Fill in this information to identify the case:
Debtor 1
Debtor 2
(Spouse, if filing)
United States Bankruptcy Court for the: District Of
Case number
Official Form 410
Proof of Claim
04/16
Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to
make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503.
Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any
documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments,
mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available,
explain in an attachment.
A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.
Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.
Part 1:
Identify the Claim
1.
Who is the current
creditor?
Name of the current creditor (the person or entity to be paid for this claim)
Other names the creditor used with the debtor
2.
Has this claim been
acquired from
someone else?
❑ No
❑ Yes. From whom?
3.
Where should notices
and payments to the
creditor be sent?
Federal Rule of
Bankruptcy Procedure
(FRBP) 2002(g)
Where should notices to the creditor be sent?
Where should payments to the creditor be sent? (if
different)
Name
Name
Number Street
Number Street
City State ZIP Code
Contact phone
City State ZIP Code
Contact phone
Contact email
Contact email
Uniform claim identifier for electronic payments in chapter 13 (if you use one):
4.
Does this claim amend
one already filed?
U No
❑ Yes. Claim number on court claims registry (if known)
Filed on
MM / DD / YYYY
5.
Do you know if anyone
else has filed a proof
of claim for this claim?
❑ No
❑ Yes. Who made the earlier filing?
Official Form 410
Proof of Claim
page 1
rt 2: Give Information
About the Claim as of the Date the Case Was Filed
6. Do you have any number
you use to identify the
debtor?
❑ No
❑ Yes. Last 4 digits of the debtor's account or any number you use to identify the debtor:
7. How much is the claim?
L
$ . Does this amount include interest or other charges?
❑ No
❑ Yes. Attach statement itemizing interest, fees, expenses, or other
charges required by Bankruptcy Rule 3001(c)(2)(A).
8. What is the basis of the
claim?
Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.
Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).
P� PP 9 q P Y
Limit disclosing information that is entitled to privacy, such as health care information.
9. Is all or part of the claim
secured?
❑ No
❑ Yes. The claim is secured by a lien on property.
Nature of property:
❑ Real estate. If the claim is secured by the debtor's principal residence, file a Mortgage Proof of Claim
Attachment (Official Form 410-A) with this Proof of Claim.
Li Motor vehicle
❑ Other. Describe:
Basis for perfection:
Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for
example, a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has
been filed or recorded.)
Value of property: $
Amount of the claim that is secured: $
Amount of the claim that is unsecured: $ (The sum of the secured and unsecured
amounts should match the amount in line 7.)
Amount necessary to cure any default as of the date of the petition: $
Annual Interest Rate (when case was filed) %
❑ Fixed
❑ Variable
10. Is this claim based on a
lease?
❑ No
❑ Yes. Amount necessary to cure any default as of the date of the petition. $
11. Is this claim subject to a
right of setoff?
❑ No
❑ Yes. Identify the property:
Official Form 410
Proof of Claim
page 2
12. Is all or part of the claim
entitled to priority under
11 U.S.C. § 507(a)?
A claim may be partly
priority and partly
nonpriority. For example,
in some categories, the
law limits the amount
entitled to priority.
❑ No
❑ Yes. Check one:
❑ Domestic support obligations (including alimony and child support) under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B).
Up to $2,850* of deposits toward purchase, lease, or rental of property or services for
personal, family, or household use. 11 U.S.C. § 507(a)(7).
Amount entitled to priority
Wages, salaries, or commissions (up to $12,850*) earned within 180 days before the
bankruptcy petition is filed or the debtor's business ends, whichever is earlier. $
11 U.S.C. § 507(a)(4).
Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8). $
Contributions to an employee benefit plan. 11 U.S.C. § 507(a)(5). $
Other. Specify subsection of 11 U.S.C. § 507(a)(_) that applies.
* Amounts are subject to adjustment on 4/01/19 and every 3 years after that for cases begun on or after the date of adjustment.
Sign Below
The person completing
this proof of claim must
sign and date it.
FRBP 9011(b).
If you file this claim
electronically, FRBP
5005(a)(2) authorizes courts
to establish local rules
specifying what a signature
is.
A person who files a
fraudulent claim could be
fined up to $500,000,
imprisoned for up to 5
years, or both.
18 U.S.C. §§ 152, 157, and
3571.
Check the appropriate box:
❑ I am the creditor.
❑ I am the creditor's attorney or authorized agent.
❑ I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004.
❑ I am a guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005.
I understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating the
amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.
I have examined the information in this Proof of Claim and have a reasonable belief that the information is true
and correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on date
MM / DD / YYYY
Signature
Print the name of the person who is completing and signing this claim:
Name
Title
Company
Address
First name
Middle name
Last name
Identify the corporate servicer as the company if the authorized agent is a servicer.
Number Street
City
State ZIP Code
Contact phone Email
Official Form 410
Proof of Claim page 3
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