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Case 8:10-bk-24771-RK Doc 670 Filed 09/20/11 Entered 09/20/11 17:06:40 Desc
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Todd C. Ringstad (State Bar No. 97345)
todd@ringstadlaw.com
Nanette D. Sanders (State Bar No. 120169)
nanette@ringstadlaw .com
Christopher A. Minier
cminier@ringstadlaw.com
RINGSTAD & SANDERS LLP
2030 Main Street, 12
1
h Floor
Irvine, CA 92614
Telephone: 949.851.7450
Facsimile: 949.851.6926
Counsel for Committee of Creditors Holding
Unsecured Claims
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA...;... SANTA ANA DIVISION
In re
CRYSTAL CATHEDRAL MINISTRIES,
Debtor and
Debtor-in-Possession .
CASE NO. 8:10-bk-24771-RK:
Chapter 11 Proceeding
NOTICE OF MOTION AND MOTION BY
OFFICIAL COMMITTEE OF CREDITORS
HOLDING UNSECURED CLAIMS FOR AN
ORDER SETTING DEADLINE FOR
CERTAIN PARTIES TO FILE (1)
ADMINISTRATIVE CLAIMS OR
REQUESTS FOR ALLOWANCE OF
ADMINISTRATIVE CLAIMS, AND, (2)
CONTRACT REJECTIONS CLAIMS;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
NANETTE D. SANDERS
[NO HEARING REQUIRED UNLESS
REQUESTED]
(Local Bankruptcy Rule 9013-l(o)(1))
TO THE HONORABLE ROBERT KWAN, UNITED STATES BANKRUPTCY
JUDGE, OFFICE OF THE UNITED STATES TRUSTEE, AND TO ALL INTERESTED
PARTIES:
In furtherance of its ability to confirm its previously filed Plan of Reorganization (the
"Plan"), the Official Committee Holding Unsecured Claims (the "Committee"),
appointed in the bankruptcy case of In re Crystal Cathedral Ministries (the "Debtor"), hereby
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respectfully submits this Motion for an Order Pursuant to Bankruptcy Code lOS( a) Setting a
Deadline for Certain Known Potential Creditors to File (1) Administrative Proofs of Claim or
Requests for Allowance of Any Administrative Claim(s), or, (2) Contract Rejection Claims(the
"Motion").
Specifically, by way of this Motion, the Committee seeks an Order requiring all of the
potential claimants listed below, to file any administrative proof of claim, or request for
allowance of any administrative.claim which they intend to assert against the Debtor's bankruptcy
estate, and also file any claim arising out of the rejection or intended rejection of any contract to
which such potential claimant is a party, no later than 30 days following the Committee's service
of a written Notice of deadline on such parties (the "Administrative and Insider Contract
Rejection Claims Bar Date"):
1. Dr. Robert H. Schuller;
2. Mrs. Arvella Schuller;
3. Robert A. Schuller;
4. Jeanne Dunn;
5. Paul Dunn;
6. Timothy Milner;
7. Carol Milner;
8. Robert Harold, Inc.;
9. James Penner;
10. Gretchen Penner,
11. Sheila Coleman;
12. James Coleman;
13. Fred Southard;
14. Greenlaw Acquisitions, LLC; and,
15. CB Richard Ellis.
Hereafter each of the foregoing parties potentially holding administrative and/or other
claims shall collectively be referred to as the "Potential Claimants."
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It should be noted that neither the instant Motion, nor the proposed Administrative and
Insider Contract Rejection Claims Bar Date, apply to the administrative claims ofany "insiders"
of the Debtor for whom a "Notice of Setting I Increasing Insider Compensation" has been filed,
nor to any person or entity that has been employed at the expense of the Debtor's bankruptcy
estate pursuant to an Order of the Bankruptcy Court. It should further be noted that nothing in
this Motion shall be construed as seeking to extend or extending the now expired bar date for the
filing of claims against the estate.
The Motion is based upon the Notice of Motion filed concurrently herewith, the attached
Memorandum of Points and Authorities, the Declaration ofNanette D. Sanders filed herewith, the
pleadings and files in this chapter 11 proceeding, and upon such further evidence as may be
presented to the Court in support of this Motion.
IF YOU DO NOT OPPOSE THE MOTION, you need take no further action.
IF YOU WISH TO OPPOSE THE MOTION, Local Bankruptcy Rule 9013-1(f)(1) and
9013-1(o)(1)(A)(ii)require you to file and serve a written Response and Request for Hearing
within fourteen (14) days from the date of service (mailing) of this Notice. You must serve a
copy of your response and request for a hearing upon the Committee's counsel, Nanette D.
Sanders, of Ringstad & Sanders, LLP, located at 2030 Main Street, Suite 1200, Irvine, CA 92614,
counsel for the Debtor, MarcJ. Winthrop, of Winthrop Couchot, located at 660 Newport Center
Drive, Suite 400, Newport Beach, CA 92660, and upon the Office of the United States Trustee,
located at 411 West Fourth Street, Suite 9041, Santa Ana, CA 92701. Such Response and
Request for Hearing must also be timely filed (with a duplicate copy) with the Bankruptcy Court
Clerk, located at 411 West Fourth Street, Santa Ana, CA 92701.
PLEASE TAKE FURTHER NOTICE that Pursuant to Local Bankruptcy Rule 9013-
1(f)(1) and 9013-1(o)(4), such Response must contain "[a] complete written statementofall
reasons in opposition thereto ... declarations and copies of all photographs and documentary
evidence on which the responding party intends to rely, and any responding memorandum of
points and authorities." Failure to timely file and serve such Response and Request for Hearing
might result in the Court's granting the Motion and without any hearing. SEE LOCAL
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BANKRUPTCY RULE 9013-1.
WHEREFORE, the Committee respectfully requests that this Court enter an Order
pursuant to Bankruptcy Code 105(a):
1. Setting an Administrative and Insider Contract Rejection Claims Bar Date thirty
(30) days following the Committee's service of a Notice thereof, for each of the above-described
Potential Claimants to file any administrative proofs of claim and/or requests for the allowance of
any administrative claim, as to which the claimant seeks administrative priority status under
Section 507(a)(2) and 503(b) of the Bankruptcy Code and any claims arising out of the rejection
or intended rejection of any contract to which such claimants allege they are a party;
2. Ordering that any Potential Claimant who fails to file such an administrative proof
of claim, request for the allowance of an administrative claim, or contract rejection claim by
noticed bar date shall be forever barred and estopped from asserting any such claim against the
bankruptcy estate; and,
3. For such other and further relief as the Court deems just and proper.
Dated: September 20,2011 Respectfully Submitted,
By: Is/ Nanette D. Sanders
Nanette D. Sanders
Unsecured Claims
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
A. General Background.
Crystal Cathedral Ministries, a California nonprofit corporation (the "Debtor"), is a
church I ministry that was founded in 1955 by the Reverend Dr. Robert H. Schuller and his wife.
Over the last few years, the Debtor's leadership has gone through two major changes as
the ministry has endeavored to transition from its founders to the next generation, who have
attempted to carry the mission of the ministry forward. Robert A. Schuller became Senior Pastor
in 2006. He ultimately resigned and Dr. Sheila Schuller Coleman became the Senior Pastor in
July of 2009. The period of unsettled leadership caused some in the congregation and viewing
audience to leave the ministry, resulting in reduced revenue for an organization that exists
primarily on donations. However, the greatest impact on the Debtor's revenues carrie from th_e
severe downturn in the national economy, which has had a drastic impact on donations to the
Debtor and to charitable giving in general.
The following is a summary of the Debtor's pre-petition financial performance, which
clearly shows a significant downward trend in its revenue over the past several years:
2010
2008 2009
(January 1, 2010 to
October 17, 2010)
Gross Revenue $54,582,004 $41,207,319 $22,284,516
The Debtor and a pre-petition creditors' committee began efforts in April2010 to reach a
consensual arrangement for the repayment of the approximately $12,500,000 in non-insider
unsecured debt asserted against the Debtor. When those efforts failed, the Debtor filed a
voluntary Chapter 11 petition on October 18, 2010 (the "Petition Date"). Since the Petition Date,
the Debtor has been acting as a debtor-in-possession pursuant to Bankruptcy Code 1107 and
1108.
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1 The Office of the United States Trustee appointed the Official Committee of Creditors
2 Holding Unsecured Claims (the "Committee") pursuant to Bankruptcy Code 1102(a)(1) on
3 October 27,2010.
4 The Debtor sought and obtained a general claims bar date ofFebruary 28,2011. One or
5 more of the Potential Claimants filed timely general unsecured claims that do not state specific
6 . claim amounts.
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The Debtor filed a proposed Plan or Reorganization on or about May 30,2011, which
was premised upon a sale of the ministry's real property (the "Property") to a third party, subject
to overbidding and certain stalking horse protections to the third party.
The Committee opposed the Debtor's Plan because it was aware of multiple parties that
were interested in purchasing the Property on terms more favorable to the estate than the terms
identified in the Debtor's proposed Plan. On July 31, 2011 the Debtor's exclusivity rights
expired and on August 1, 2011 the Debtor verbally withdrew its proposed Plan, which
withdrawal was formalized on August 12, 2011.
On August 9 and 11,2001, the Committee filed, respectively, its own Disclosure
Statement and proposed Plan of Reorganization for the Debtor. The Committee's Plan provides
for a sale of the Debtor's Property to a buyer to be selected by the Committee (with or without
the Debtor's participation and approval.) Under the Committee's Plan, such a sale of the
Debtor's Property, along with of other assets of the estate
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, is intended to provide the
means by which the Debtor's general unsecured creditors can receive substantial distributions ort
account of their claims. A hearing on approval of the Committee's Disclosure Statement was
held on September 14, 2011, at which time the Disclosure Statement, as amended, was approved.
A plan confirmation hearing is now scheduled for November 14, 2011.
B. The Treatment of Administrative Claims Under the Plan.
The Committee's Plan and Disclosure Statement provide that "each Allowed
Administrative Claim shall be paid in Full, in Cash, on the latest of (i) the Effective Date, {ii) the
tenth (1oth) Business Day after the date upon which such Administrative Claim becomes an
.
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And, if necessary, on-going payments from the Debtor's post-confirmation operations, if any.
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Allowed Administrative Claim, or (iii) the date upon which such Allowed Administrative Claim
becomes due according to its terms." [Committee's Disclosure Statement, p. 34-35].
The Plan further provides that the allowed claims of insiders (as defined therein) shall be
subordinated to the claims of general unsecured creditors, either voluntarily by the insider or
following resolution of adversary proceedings seeking such subordination.
With regard to the claims of"insiders" of the Debtor, the Committee's Plan and
Disclosure Statement provide that:
In the event that any Insider Administrative Creditor votes to accept this
Plan, then the payment of the Administrative Claims of each such Insider
who votes to accept this Plan will be subordinated until all Allowed
Unsecured Claims are Paid in Full. In the event that any Insider
Administrative Creditor votes to reject this Plan, the Committee will
proceed to file a formal objection to the Administrative Claim of such
rejecting Insider Administrative Creditor and commence any necessary
adversary proceeding to determine whether such Claim shall be equitably
subordinated to all Allowed General Unsecured Claims, on the basis,
among others, that such Insider did not provide any value to the Estate
which would otherwise give rise to a valid Claim. If the Court in such
proceeding does not order equitable subordination as to an Insider, then
the Claims of that Insider will be treated as Administrative Claims
following resolution of any formal objection(s) filed as to each such
Claim by the Committee, the Plan Agent or the Debtor.
[Comniittee's proposed Plan, p. 17].
The Committee's Plan and Disclosure further provide that:
Any holder of an Administrative Claim that does not file
and properly serve such a request for payment by the General
Administrative Claims Bar Date and the Bar Date for Section
503(b )(9) Claims, the case may be, shall be forever barred from
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asserting such Administrative claim against the Debtor, the
Reorganized Debtor, its Estate, or any of its property, or the
Committee. [Committee's proposed ;plan, p. 17].
The "General Administrative Claims Bar Date" is defined in the Committee's Plan and
Disclosure Statement as:
"the date by which all requests for payment of
Administrative Claims, with the exception of Administrative Tax
Claims and Section 503(b )(9) Administrative Claims, shall be filed
and served upon the Committee and the Debtor." [Committee's
proposed Plan, pp. 11-12].
C. The Potential Claimants.
It has come to the attention of the Committee that certain "insiders" of the Debtor and
other parties in interest may contend that they hold as yet undisclosed administrative and contract
rejection claims against the Debtor's bankruptcy estate under Bankruptcy Code 503 and
possibly 365(g). The identities of the Potential Claimants which the Committee believes may
attempt at some future date to assert administrative or contract rejections claims are as follows:
1. Dr. Robert H. Schuller;
2. Mrs. Arvella Schuller;
3 .. Robert A. Schuller;
4. Jeanne Dunn;
5. Paul Dunn;
6. Timothy Milner;
7. Carol Milner;
8. Robert Harold, Inc.;.
9. James Penner;
10. Gretchen Penner;
11. Sheila Coleman;
12. James Coleman;
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13. Fred Southard;
14. Greenlaw Acquisitions, LLC; and,
15. CB Richard Ellis.
The Committee hereby requests that the Court enter an Order requiring each of the
foregoing Potential Claimants to file any {1) administrative or other proof of claim, and/or request
for the allowance of any administrative claim; and/or (2) claim arising out of the rejection or
proposed rejection of any contract to which such Potential Claimant is a party, which they intend
to assert against the Debtor's bankruptcy estate, no later than 30 days following the Committee's
service of a Notice of Deadline to File Administrative and Insider Contract Rejection Proofs of
Claim and/or Requests for Allowance o_f Administrative Claim(s) on such parties.
II.
-ARGUMENT AND APPLICABLE LEGAL AUTHORITY
Bankruptcy Code 503(a) and (b) allow parties to request, and the Court to grant,
administrative priority status to a number of different types fees and expenses which are
generally associated with the protection, preservation and enhancement of the bankruptcy estate.
More particularly, Bankruptcy Code 503(a) and (b) provide, in part, that:
(a) An entity may timely file a request for payment of
an administrative expense, or may tardily file such request if
permitted by the Court for cause.
(b) After notice and a hearing, there shall be allowed
administrative expenses ... , including
(1 )(A) the actual, necessary costs and expenses of
preserving the estate including - (i) wages, salaries, and
commissions for services rendered after the commencement
ofthe case; ...
***
(2) compensation and reimbursement awarded
under section 330(a) of this title;
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(3) the actual, necessary expenses, other than
compensation and reimbursement specified in paragraph ( 4)
of this subsection, incurred by- ... (D) a creditor, an
indenture trustee, an equity security holder; or a committee
representing creditors or equity security holders other than a
committee appointed under section 1102 of this title, in
making a substantial contribution in a case under chapter 9 or
11 of this title; ...
(4) reasonable compensation for professional
services rendered by an attorney or accountant of an entity
whose expense is allowable under subparagraph (A), (B),
(C), (D), or (E) of paragraph (3) of this subsection, ... and
reimbursement for actual, necessary expenses incurred by
such attorney or accountant; ...
2
As was recognized by the court in In re PT-1 Communications, Inc., 403 B.R. 250,259
(Bankr. E.D.N.Y. 2009), bankruptcy courts have the discretion and inherent authority under
Bankruptcy Code 105 to set a deadline for parties to file requests for the allowance of
administrative claims. Specifically, the PT-1 Communications court stated:
Bankruptcy Rule 3003( c )(3) provides that a court "shall fix"
a bar date by which proofs of claim in a Chapter 11 case shall be
filed. Fed. R. Bankr. P. 3003(c)(3). Although there is no provision
relating to a bar date for requesting an administrative expense
. payment, courts may set such a date pursuant to Bankruptcy Code
105. See In re Reams Broad. Corp., 153 B.R. 520, 522 (Bankr. N.D.
Ohio 1993). An administrative bar date serves the same purpose as a
claims bar date, which is "finality and debtor rehabilitation," 9
2
These quoted portions of Bankruptcy Code 503 are meant to be merely illustrative of some of
the the types of fees and costs that are entitled to administrative priority under this section, and
are not an exhaustive list of the types of claims that may receive administrative expense priority
under 503.
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Collier ori 3003.03[4] (Alan N. Resnick & Henry J.
Sommer eds., 15th ed. rev.), and "enable[es] the parties to a
bankruptcy case to identify with promptness the identity
of those making claims against the bankruptcy estate and the general
amount of the claims, a necessary step in achieving the goal of .
successful reorganization," First Fidelity Bank, NA., N.J. v. Hooker
Invs., Inc. (In re Hooker Invs., Inc.), 937 F.2d 833, 840 (2"d Cir.
1991 ). Allowing requests for administrative expense payment to be
filed at any time would have the same effect as allowing proofs of
claim to be filed at any time, undermining "the institutional means of
ensuring the sound administration of the bankruptcy estate." Hooker,
937 F.2d at 840.
Similarly, in In re LTV Steel Company, Inc., 288 B.R. 775, 779 (Bankr. N.D. Ohio 2002),
the court stated that:
"The court may issue any order, process, or judgment that is
necessary or appropriate to carry out the. provisions of this
[bankruptcy] title." 11 U.S.C. 105(a) .... The administrative
expense deadline stems from the policy that "'[i]t is essential that
administrative claims, which are entitled to first priority in a
bankruptcy distribution, be established with finality before any
distribution may be made to any subordinate classes of creditors."'
Reams, 153 B.R. at 522-23 (quoting In re Holywell Corp., 68 B.R.
134, 137 (Bankr. S.D. Fla. 1986)).
See also, In re Marchfirst, Inc., 448 B.R. 499, 506 (Bankr. N.D. IL 2011)("Section 503(a) ofthe
Code provides that ' [a ]n entity may timely file a request for payment of an administrative
expense, or may tardily file such request if permitted by the court for cause.' 11- U.S.C. 503(a).
This section implicitly confers on bankruptcy courts the power to set deadlines for the filing
administrative expense requests."); In re Southern Soya Corp., 251 B.R. 302, 311 (Bankr. D. SC
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2000)("Neither the Bankruptcy Code nor the Federal Rules of Bankruptcy Procedure, however,
set forth a deadline within which administrative claims must be filed; rather, 'courts can exercise
their discretion in setting bar dates according to the circumstances of each case.').
In light of the foregoing authorities, it is clear that the Court has the discretionary
autho"rity to set a claims bar date requiring the Potential Claimants to assert any administrative
claims and contract rejection Claims which they contend that they hold by a date certain.
Moreover, with a hearing on confirmation of the Committee's Plan now set-for November 14,
2011, it is necessary and appropriate for the Court to require the Potential Claimants to
expeditiously assert any administrative and contract rejection claims which they contend they
hold.
As described in detail above, the Committee's Plan generally provides that allowed
administrative claims will be paid on the latter of the Effective date of the Plan, or upon the
allowance of the administrative claim. Thus, it can be expected that the Debtor will be required to
pay a substantial dollar amount of administrative expense claims in the months following Plan
confirmation. Accordingly, in connection with Plan confirmation I feasibility requirements, it is
important that the Committee know the extent to which parties are asserting administrative and
contract rejection claims against the bankfuptcy estate (and the extent to which the Debtor will
potentially need to pay administrative expense claims in the months following confirmation) prior
to a hearing beingheld on Confirmation of the Committee's Plan. For identical reasons, the
Committee must also know what administrative and contract rejection claims are being asserted
against the estate in order to be able to review such claims and make a determination whether
. grounds exist to object to such claims. As the court stated in LTV Steel Co. supra, 288 at
779 "[i]t is essential that administrative claims, which are entitled to first priority in a bankruptcy
distribution, be established with finality before any distribution may be made to any subordinate
classes of creditors."
Further, and as also discussed above, the Committee's Plan provides for the subordination
of the claims (administrative or otherwise) of the Debtor's insiders.to the payment of the Debtor's
general unsecured creditors. In order for the Committee to. determine which claims should be
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subordinated under the Plan and necessary adversary actions to accomplish such subordination
filed, it is necessary for the Potential Claimants, most of whom are insiders, to be required to
assert any claims which they contend that they hold.
For the foregoing reasons, the Motion should be granted and the Court should enter an
Order requiring each of the foregoing Potential Claimants to file any administrative or contract
rejection proofs of claim, and/or request for the allowance of any administrative claim, which
they intend to assert against the Debtor's bankruptcy estate, no later than 30 days following the
Committee's service of a Notice of Deadline to File Administrative and Insider Contract
Rejection Proofs of Claim and/or Requests for Allowance of Administrative Claim(s) on such
parties. The Court's Order should further recite that any of the Potential Claimants who fail to
file an administrative and/or contract rejection proof of claim, and/or request for the allowance of
an administrative claim, by the established bar date shall be forever barred and estopped
from asserting any claim against the bankruptcy estate of the Debtor .
. A proposed form of bar date notice is attached as Exhibit "A" to the supporting
Declaration ofNanette D.-sanders and incorporated herein.
DATED: September 20,2011
Respectfully submitted,
By: Is/ Nanette D. Sanders
Nanette D. Sanders
General Insolvency Counsel to the Committee of Creditors
Holding Unsecured Claims
- 13-
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DECLARATION OF NANETTE D. SANDERS
I, Nanette D. Sanders, declare:
1. I am an attorney duly licensed to practice law in the State of California and before
this Court. I am a partner with the firm ofRingstad & Sanders LLP (the "Firm"), counsel for the
Committee of Unsecured Creditors (the "Committee") in the matter .of In re Crystal
Cathedral Ministries, Inc. (the "Debtor"). I make this declaration on facts within my personal
knowledge and if called upon to do so, could and would competently testify hereto.
2. Pre-petition, in or about April, 2010, the Debtor commenced out of court
restructure efforts with its general unsecured creditors in an effort to reach a consensual
arrangement for the repayment of the approximately $12,500,000 in non-insider unsecured debt
asserted against the Debtor. An informational meeting was held on April9, 2010, at which time 9
creditors
3
volunteered to sit on an informal creditors committee (the "Pre Petition Committee")
. and work with the Debtor in an effort to formulate a repayment plan. The Pre Petition Committee
engaged the Firm, at the expense of the Debtor, to act as its legal advisor in connection with the
informal restructure efforts.
3. When the Debtor's efforts to negotiate a repayment plan with the Pre Petition
Committee failed, the Debtor filed a voluntary Chapter 11 petition on October 18,2010 (the
"Petition Date"). Since the Petition Date, the Debtor has been acting as a debtor-in-possession
pursuant to Bankruptcy Code 1107 and 1108.
4. The Office of the United States Trustee appointed the Official Committee of
Creditors Holding Unsecured Claims (the "Committee") pursuant to Bankruptcy Code
1102(a)(1) on October 27,2010. The Firm is the Committee's counsel in the Debtor's
bankruptcy case.
5. The Debtor filed a proposed Plan or Reorganization on or about May30, 2011,
which was premised upon a sale of the ministry's real property (the "Property") to a third party,
subject to overbidding and certain stalking horse protections to the third party. The Committee
opposed the Debtor's Plan because it was aware of multiple parties that were interested in
3
One creditor subsequently resigned and the Pre Petition Committee continued with 8 members.
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purchasing the Property on terms more favorable to the estate than the terms identified the
Debtor's proposed Plan. On July 31, 2011 the Debtor's exclusivity rights expired and on August
1, 2011 the Debtor verbally withdrew its proposed Plan, which withdrawal was formalized on
August 12, 2011.
6. On August 9 and 11,2001, the Committee filed, respectively, its own Disclosure
Statement and proposed Plan of Reorganization for the Debtor. The Committee's Plan provides
for a sale of the Debtor's Property to a buyer to be selected by the Committee (with or without
the Debtor's participation and approval.) Under the Committee's Plan, such a sale of the
Debtor's Property is anticipated to provide the means by which the Debtor's general unsecured
creditors can receive substantial distributions on account of their claims. A hearing on approval
of the Committee's Disclosure Statement was held on September 14,2011, at which time the
Disclosure Statement was approved.
7. It has come to the attention of the Committee that certain "insiders" of the Debtor
and other parties in interest may contend that they hold undisclosed administrative priority and
contract rejection claims against the Debtor's bankruptcy estate under Bankruptcy Code 503(b)
and 365. The. identities of the insiders and other parties which the Committee believes may
attempt at some future date to assert such claims are as follows:
(a) Dr. Robert H. Schuller;
(b) Mrs. Arvella Schuller;
(c) Robert A. Schuller;
(d) Jeanne Dunn;
(e) Paul Dunn;
(f) Timothy Milner;
(g) Carol Milner;
(h) Robert Harold, Inc.;
(i) James Penner;
G)
Gretchen Penner;
(k) Sheila Coleman;
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(1) James Coleman;
(m) Fred Southard;
(n) Greenlaw Acquisitions, LLC; and,
( o) CB Richard Ellis.
Each of the foregoing parties potentially holding administrative or other claims are collectively
referred to herein as the "Potential Claimants."
8. The Debtor sought and obtained a general claims bar date of February 28,2011.
One or more of the Potential Claimants filed timely general unsecured claims.
9. A hearing on confirmation of the Committee's Plan has now been scheduled for
November 14, 2011 and, for the reasons set forth in the attached of Points and
Authorities, the Committee believes that it is exceedingly necessary and appropriate for the Court
to now require the Potential Claimants to expeditiously assert any administrative and contract
rejection claims which they contend they hold against the bankruptcy estate.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 20th .
day of September, 2011, at Irvine, California.
Is/
Nanette D. Sanders
-16-
Todd C. Ringstad (State Bar No. 97345)
todd@ringstadlaw.com
Nanette D. Sanders (State Bar No. 120169)
nanette@ringstadlaw .com
2030 Main Street, 12th Floor
Irvine, CA 92614
Telephone: 949.851.7450
Facsimile: 949.851.6926
uNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA- SANTA ANA DIVISION
In re:
CRYSTAL CATHEDRAL MINISTRIES,
a California nonprofit corporation,
Debtor and
Debtor-in-Possession.
Case No. 8:10-bk-24771 RK
Chapter 11 Proceeding
NOTICE TO CERTAIN PARTIES OF
BAR DATE FOR THE FILING OF
ADMINISTRATIVE CLAIMS OR
REQUESTS FOR ALLOWANCE OF
ADMINISTRATIVE CLAIMS, AND/OR
CONTRACT REJECTION CLAIMS
(October_, 2011]
[No Hearing Set]
TO: Dr. Robert H. Schuller; Mrs. Arvella Schuller; Robert A. S.:huller; Jeanne Dunn; Paul Dunn;
Timothy Milner; Carol Milner; Robert Harold, Inc.; James Penner; Gretchen Penner; Sheila Coleman;
James Coleman; Fred Southard; Greenlaw Acquisitions, LLC; and, CB Richard Ellis:
PLEASE TAKE NOTICE THAT THE BANKRUPTCY COURT HAS SET A DEADLINE OF OCTOBER_,
2011 FOR THE ABOVE REFERENCED PARTIES TO FILE (1) ANY REQUEST FOR PAYMENT OF AN ADMINISTRATIVE
EXPENSE OR PROOF OF CLAIM FOR A CLAIM ASSERTED AS A PRIORITY CLAIM UNDER SECTIONS 507(a)(2) AND
503(b) OF THE BANKRUPTCY CODE; AND (2) ANY CLAIM ARISING FROM THE REJECTION OF ANY EXECUTORY
CONTRACT OR LEASE PURSUANT TO SECTION 365(a) OF THE BANKRUPTCY CODE.
The Order of the Court establishing the above deadline does not extend the February 28,2011
deadline for the filing of claims that arose before the commencement of the case established by prior
Order of the Court. Any claim of the above-referenced parties that is untimely pursuant to the Court's
previous Order establishing the February 28, 2011 deadline for the filing of general unsecured claims is
not rendered timely by reason of filing of a proof of claim prior to the deadline described herein.
Furthermore, the establishment of the October , 2011 deadline described herein shall not be deemed to
authorize or permit the filing of any claim or amendment of any claim that would not otherwise be
allowable. -
Failure to file timely a proof of claim on or before the deadline may result in disallowance of the
claim or subordination under the terms of a plan of reorganization without further notice or hearing. 11
U.S.C. 502(b)(9). You may wish to consult an attorney to protect your rights.
.
F>ane \7
-
PLEASE TAKE FURTHER_NOTICE that if your claim is based upon any writing, you must attach copies
of any and all such writings to the proof of claim or provide an adequate explanation of your inability to do so. Failure to
- do so will render your claim incomplete and invalid and subject to objection and disallowance.
All claims should be filed with the Bankruptcy Court located at 411 West Fourth Street, Santa Ana, CA 92701.
A PROOF OF CLAIM FORM IS ATTACHED FOR YOUR USE.
DATED: September_, 2011 RINGSTAD & SANDERS LLP
By: __________ ~ - -
Todd C. Ringstad
Nanette D. Sanders
Unsecured Claims
-2-
Exhibit __ L" ...
Page 1 g
NOTE: When using this form to indicate service of a proposed DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 2030
Main Street, Suite 1200,Irvine, CA 92614.
A true and correct copy of the foregoing described as NOTICE OF MOTION AND MOTION BY
OFFICIAL COMMITTEE OF CREDITORS HOLDING UNSECURED CLAIMS FOR AN ORDER
SETTING DEADLINE FOR CERTAIN PARTIES TO FILE (1) ADMINISTRATIVE CLAIMS OR
REQUESTS FOR ALLOWANCE OF ADMINISTRATIVE CLAIMS, AND, (2) CONTRACT
REJECTIONS CLAIMS; MEMORANDUM oF_POINTS AND AUTHORITIES; DECLARATION OF
NANETTE D. SANDERS will be served or was served (a) on the judge in chambers in the form and manner required
by LBR 5005-2(d); and (b) in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING f"NEF")- Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) ("LBR''), the foregoing document will be served by the court via NEF and hyperlink
to the document. On September 20. 2011. I checked the CM/ECF docket for this bankruptcy case or adversary
proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission
at the email address(es) indicated below:
Allison R Axenrod allison@claimsrecoveryllc.com
James C Bastian jbastian@shbllp.com
Jeffrey W Broker jbroker@brokerlaw.biz
Frank Cadigan frank.cadigan@usdoj.gov
Mark R Campbell mcampbell@markcampbelllaw.com
Cathrine M Castaldi ccastaldi@rusmiliband.com
Patricia A Cirucci patricia.cirucci@sce.com
Jeff Cohen JC@SouthpawAsset.com
Don Fisher dfisher@ptwww.com
Bernard R Given bgiven@frandzel.com,
efiling@frandzel.com;shom@frandzel.com;bgiven@frandzel.com
Robert P Goe kmurphy@goeforlaw.com, rgoe@goeforlaw.com;mforsythe@goeforlaw.com
Marshall F Goldberg mgoldberg@glassgoldberg.com
Carl Grumer cgrumer@manatt.com
Kavita Gupta kgupta@winthropcouchot.com
EdwardS Kim ekim@hemar-rousso.com
Steven B Lever sblever@leverlaw.com
Craig A Loren aloren@debtacquisitiongroup.com,
bschwab@debtacquisitiongroup.com;jsarachek@debtacquisitiongroup.com
Lawrence C-Meyerson lcmlaw@earthlink.net
Michael S Mitchell mike@demarcomitchell.com
John D Monte johnmontelaw@gmail.com
V ahak Papasian vahak@vaplaw.com, test@ecf.inforuptcy.com;vahak@ecf.inforuptcy .com
Sue Y Park sparkcallahan@gmail.com
Thomas J Polis tom@polis-law.com
Richard J Reynolds glatimer@trlawyers.com
Christopher 0 Rivas crivas@reedsmith.com
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
August2010 F 9013-3.1.PROOF.SERVICE
Meghan C Sherrill meghan.sherrill@troutmansanders.com
Ramesh Singh claims@recoverycorp.com
Edward J Tredinnick etredinnick@greeneradovsky .com
United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov
Michael A Wallin mwallin@sheppardmullin.com
Andrew F Whatnall awhatnall@daca4.com
Marc J Winthrop mwinthrop@winthropcouchot.com, pj@winthropcouchot.com
Arnold H Wuhrman Wuhrman@serenitylls.com
Pamela Jan Zylstra zylstralaw@gmail.com
D Service information continued on attached page
II. SERVED BY U.S. MAIL OR OVERNI<;?HT MAIL(indicate method for each person or entity served):
On September 20. 2011 I served the following person(s) and/or entity(ies) at the last known address(es) in
this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the
United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the
judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document
is filed.
1Z1 Service information continued on attached page
Ill. SERVED BY PERSONAL DELIVERY. FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on September 20. 2011.1 served the following person(s)
and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method}, by facsimile
transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge
will be completed no later than 24 hours after the document is filed.
Via Personal Delivery: Honorable Robert Kwan, U.S. Bankruptcy Court, Ronald Reagan Federal Building, 411 W. Fourth
St., Bin Outside Room 5097, Santa Ana, CA 92701-4593
Via Email: Martin W. Taylor Marty.Taylor@troutmansanders.com
1Z1 Service information continued on attached page
September 20, 2011 Arlene Tavares
Date Type Name Signature
This form is mandatory. It has been apprdved for lJSe by the United States Bankruptcy Court for the Central District of California.
August 2010 F 9013-3.1.PRQQF .SERVICE
Dr. Robert H. Schuller
Mrs. Arvella Schuller
4003 E. La Veta Ave.
Orange, CA 92869
Robert A. Schuller
16 N Stonington Rd.
Laguna Beach, CA 92651
Jeanne Dunn
Paul Dunn
370 Aulii Drive
Makawao, HI 96768
Service Via U.S. Mail
Timolthy Milner
Carol Milner
7723 Lolita St.
Orange, CA 92869
Robert Harold, Inc.
12141 Lewis St.
Garden Grove, CA 92840
James Penner
Oretchen Penner
2453 N. Riverside Dr.
Santa Ana, CA 92706
Sheila Coleman
James Coleman
205 E Palmyra Ave.
Orange, CA 92866
Fred Southard
?Narbonne
Newport Beach, CA 92660
Fred Southard _
c/o Law Office of GeorgeS. Burns,
Victoria E. Moss
4100 MacArthur Blvd., Suite 305
Newport Beach, CA 92660

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